Judge Lee P. Rudofsky, Liar, Liar, Pants on Fire: Sneak Peak of an Appeal
Writing my appeal is kinda fun, like the game Find the Fudge, if Judge Rudofsky’s conduct was not so sick and disturbing.
Hey, if you think this dishonesty merits judicial discipline, send a Judicial Conduct or Disability Complaint here. Or wait for me to file the entire appeal on November 6, 2023 and send a copy to Senator Elizabeth Warren with a suggestion about judicial impeachment. Or come up with your own way to Get Loud.
Judge Rudofsky said “on this record, it does not appear to be genuinely disputed that Ms. Hammett owed PRA, LLC $2,297.63.” (R. Doc. 173, at 71, f.n. 463.)
Hammett genuinely disputed the Debt.
The Court erred by claiming “on this record, it does not appear to be genuinely disputed that Ms. Hammett owed PRA, LLC $2,297.63” on an account opened in 2001, account number ending -6049. (R. Doc. 173, at 71, f.n. 463)
The Court truncated a sentence that Hammett wrote to say she was a consumer according to the FDCPA, to make it sound like she agreed she had owed the debt. In the hearing on MSJ and reconsideration, June 14, 2023, Judge Rudofsky admitted to making this misquotation. (R. Doc. 261, at 97) Then the Court said of the true sentence, “if it does anything, it hurts her”. (id. at 98)
Read the true sentence using the meaning of “debt” in the context of the FDCPA is, inter alia, “any obligation or alleged obligation”. (15 U.S.C. §1692a(5))
The way ChatGBT artificial intelligence reads the sentence, it “makes it clear that you are not admitting to owing the debt and that you may be disputing its validity or accuracy.” The one ambiguous statement the Court cited was taken out of context because it is a boilerplate recitation that means Hammett was a consumer.
The evidence that Hammett disputes the Debt is overwhelming. Overlooking this barrage of evidence gives the Court the appearance of bias.
- Hammett verified her original complaint. Subsequent amendments did not invalidate the verification. All the documents signed by Hammett are certified as per FRCP Rule 11.
- “Hammett DENIES that she opened an account ending in -6049” under penalty of perjury. See CUF (R. Doc. 99, 198, at 2.)
- The Court misstated Hammett by taking one phrase out of context, truncating again to fit his narrative. “Ms. Hammett concedes that she “probably” opened a Capital One account in 2001. Hammett Dep. Vol. I (Doc. 164) at 80:4–12, 81:15–18, 82:10”. (R. Doc. 173, at 71, f.n. 463)
Hammett clearly did not agree her account ended in -6049. “Hammett said she probably had a Capital One account opened about 2001 but did not state her Capital One account had an account number ending in -6049 in Dkt. No. 37 ¶ 19 nor Dkt. No. 39 ¶ 2.” under penalty of perjury. See CUF (R. Doc. 99, 198, at 2.)
Hammett said, under penalty of perjury, “I have no evidence of it anywhere. I’ve looked through every piece of paper that I have and I’ve looked through all my e-mails. There’s not a single one from Capital One.” (R. Doc. 164, at 80:7 – 11, cited by the Court above.)
Hammett said, under penalty of perjury, “[opening an account] might have even been earlier than [2001], but, you know, around then, probably more like 1998.” (R. Doc. 164, at 81:20 – 22, just after the Court’s citation above.)
Hammett said, under penalty of perjury, “I don’t deny having a Capital One account, but don’t twist that into being this account.” (R. Doc. 164, at 82:6 – 7, just before the Court’s citation above.) “I thought this was very funny. My son gave me this key chain [showing a key lanyard]. It says ‘Capital One’ on it. So, I mean, everybody has a Capital one — he has a Capital One account. He gave me this thing from it. And his ex-wife, Elizabeth Lynn, had a Capital One statement sent to the [G]arnett address and I asked him about it and he said, oh, just throw it out.” (id. at 82:11 – 17, just after the Court’s citation above.)
God? Karma? A Really Bad Business Model? Why Did the Bottom Drop Out for PRAA Stock?
It was the COVID-Crash and frankly, it seemed like no one might still be around in a year.
Sorry for the lack of variety in cases this past week and until November 6th. I am writing a 13,000 word plus tables and certificates appellate brief against the litigious, vexatious and secretive Portfolio Recovery Associates, LLC, the once golden child of parent company PRA Group, Inc.
Now it seems like all my work is for naught. The execs at PRA Group, that pay themselves millions of dollars per year, might pack up whatever currency is laying around and leave the building in the dead of night, so to speak.
Watch What Happens When a Debt Buyer’s Collection Practices Are Under Scrutiny
Each time, PRA settled claims that it used illegal, unethical and unprofessional conduct while attempting to collect on portfolios of nonperforming loans it purchased from companies like G.E. Walmart and Capital One Bank. PRA knew the data they purchased was riddled with errors.
Each settlement was about $24 million, and PRA was supposed to cease and desist from the bad conduct. (Spoiler Alert: They didn’t after the first round. I know because they violated the order trying to collect an alleged debt from me.)
Look at the chart above and try to guess when each settlement was reached.
It is actually a month or two after the fall, September 2015 and March 2023.
Does it look to anyone else like insiders were dumping their stock ahead of the public announcement of the settlements?
I couldn’t make this up.
I wonder if PRA can use some of the $2.6 billion credit it can borrow to buy back its own debt owed for pennies on the dollar. We owe you a billion bucks? We’ll buy the debt for $60,000,000 with $60,000,000 borrowed funds. Then we’ll pay ourselves back half the face value of the debt, $500,000,000, also with borrowed funds.
That gives us a $440,000,000 profit, if no one looks too closely.
Easy peazy, our PRAA stock price should surge right back up to $43.
Why Do Judge Rudofsky and PRA want to Cloak the Evidence in Secrecy?
Your FREE Doc of the Day includes an interesting exhibit “A”.
Knowing that Judge Lee P. Rudofsky was counsel to Walmart right before his confirmation as judge, and that the account PRA was allegedly attempting to collect on was bought from Capital One, the evidence doesn’t have a good look.
Can you say “bias”?
In fairness, here is the opposition Portfolio Recovery filed, arguing that the phone records, account records and written policies that I claim were not followed should remain sealed.
The author, like Judge Rudofsky, did a stint as a young state solicitor general. He must be kinda smart, just to spell his name properly. Misha Tseytlin. I assume he spelled it correctly.
How Low Can PRA Group Go?
One of the first lessons he told me was that when I win a big hand, I’m not supposed to cheer. The other guy just lost a lot of money.
It is so hard for imperfect me not to cheer about the plunge in the price of PRAA stock, an indication of the impending doom of the litigious, vexatious scavengers.
Not that I had anything at all to do with PRA’s loss. They did it to themselves.
I have a case against their wholly owned subsidiary, Portfolio Recovery Associates LLC, that can realistically demand a $82M jury verdict. (The LLC lost that much on a similar case but settled while on appeal.)
If the LLC files for bankruptcy, I am out of luck.
My son and I love to talk about poker, but we take breaks to talk about stocks.
I was gloating about the drop in PRAA and my son went into one of his hysterically funny stand-up comedy routines about the absurdity of PRA’s business model. I can’t capture his timing or colorful language, but here is the basics.
Why would I buy stock in a company that doesn’t have any value?
They buy debts that the debtor doesn’t owe, that the debtor can’t pay, or that the debtor won’t pay.
Most of the people who actually owe the money never should have been approved on those loans in the first place.
Then PRA calls the people over and over again. Like the ex who calls begging to get back together, then threatening, then throwing a tantrum on the front lawn of their obsession’s home.
I agree. PRA counts on annoying their victims into paying, extorting money in exchange for peace.
[Weekend Update]
PRAA dropped below Argus’ target on Friday. There must be lots of people out there who agree with me about the value of the company.
William Asa Hutchinson, III pleads guilty to felony possession. Will he lose his license to practice law?
Benton County Circuit Court Judge Brad Karren left his disposition blank, meaning he did not circle “accepted”, “rejected”, “noted” or “deferred” before stating “It is so ordered.”
Also, what about the Glock that was found in Mr. Hutchinson’s car? Is there usually an enhancement if someone has an illegal substance and a gun at the same time?
The Junior William Asa Hutchinson’s conduct seems reckless and puts society at a risk. He should definitely not be allowed to practice law until he shows a track record for staying clean and sober.
PRA Group, Inc Stock, PRAA, Breaks Through Its 10-Year Floor
It is hard to feel sorry for them as they pay their top execs millions per year, while offering their victims $1,000 to settle FDCPA and invasion of privacy cases.
From PRA Group, Inc. 2023 Proxy Statement.
That was two years of heavy litigation ago. Back then, I would have settled for $500,000. When my bloodwork was wack-a-doodle and I could barely get out of bed, I would have begrudgingly settled for $50,000.
But the brilliant risk manager thought it better to spend who knows how much on an army of attorneys to make a point.
Here is some free advice – this is NOT legal advice. I ran a successful real estate sales and development business, and this was my risk management plan. (I was sued only once, in small claims court, because I refused to pay $2,000ish for carpet that was not the color I had ordered.)
- Your word should be your bond.
- Have good documentation to back up what you say.
- Don’t call people who don’t want to be called. Err on the side of caution. (I was a real estate broker and my agents and I made zero cold calls.)
PRA lies.
PRA has lousy documentation, filled with lies.
PRA makes incessant phone calls. When its number is blocked, it calls from another neighbor spoofing number. This conduct gets it sued.
It looks like the stock buying public agrees with me.
Read the Backstory on the Authorities Used by Judge Lee Rudofsky to Rationalize Denying a Motion to Settle the Record
My motion to settle the record was filed in the Eighth Circuit Court of Appeals this afternoon, and I was spent. I quickly posted a filed copy of my work on this site.
After a little rest, getting outside on this perfect Autumn Day for a walk, I looked at the blog and realized I forgot to post a treat I had for y’all.
Here is my motion again, and some motions to settle the record and orders on those motions from two criminal cases.
I know an FDCPA case by a 61-year-old grandma against a PRA Group company is not sexy. So here as your FREE Docs of the Day are records that discuss heroin and cocaine deals, death by overdose, confidential informants and jailhouse lawyers.
Grab something legal to drink or smoke, and enjoy.
A Higher Law 