Judge Susan Kaye Weaver Stealing Babies?
This reporter has a definite bias against Judge Susan Kaye Weaver.
The bias is caused by my belief that Susan Weaver is committing honest services fraud against me.
Because of my strong faith, I do not act maliciously toward people; not even those who spitefully abuse me.
That Christian tenant does not give license to my abuser to continue the abuse or abuse other victims.
I asked for other people to share stories about Judge Weaver of Faulkner County, Searcy County and Van Buren County, Arkansas.
One reliable professional, whose professional license is unmarred by any ethics violation, told me the professional’s observations in a dependency case presided over by Judge Susan Weaver.
The case is under seal, so I cannot verify the facts. (This is a good argument for making dependency cases open to the public.)
As the professional’s career may come to a screeching halt if judge Weaver knows who leaked the information, the professional will remain anonymous, and the facts will be kept vague purposefully. The professional did not tell me the name of any of the other people involved in the case.
This is not a court of law. You may judge the veracity of this story about a judge, as you weigh arguments against any elected official. Then use your judgment when you see the elected official on any ballot in the future.
The professional told me of a child who was taken from his mother by Judge Weaver. During a hearing for reunification, the mother had a witness present to attest that the mother had complied with all the court ordered treatment, classes and testing required for reunification.
Judge Susan Weaver refused to let the witness testify. No reason was given for excluding this evidence.
The mother and child were not reunited.
The professional thought Judge Weaver’s demeanor on the bench and ruling was “bizarre”.
Judge Susan Weaver is often quoted and has posted on the internet that she loves children. But the judge was married and divorced young, never remarried and has no children of her own.
She either does not understand that a child will be harmed if the maternal bond is destroyed, or she is an incredibly evil person who is using her elected position of power to purposefully destroy lives. Maybe both.
*****************
I’m not saying that lack of a mother – child bond guarantees a tragic life.
There are situations in which no mother is preferable to the mother God used to bring a child into the world. Foster parents and adoptive parents can be wonderful, loving parents to those whose biological parents don’t want the child or are unable to care for the child.
But, we as a society should not deny anyone’s Constitutional right to a familial relationship without giving the parents every opportunity to put forward evidence on their behalf.
Too often judges in the family law and dependency courts are jaded or just ignore the rule of law. From my own experience and the story conveyed above, I fear Judge Susan Weaver is one of the judges who separates children from their mothers without following the law.
What Can I Do About A Corrupt Court?
This is not legal advice. This writer is not an attorney. She is a public relations professional.
Court Commissioner Alan Friedenthal is no longer serving on the bench. This is a major victory for the people of California who might have otherwise had their lives and their children’s lives destroyed by the judge wanna-be.
In California, judges are elected. But commissioners are appointed and have the same authority as judges. Alan Friedenthal attempted to get elected twice and failed but was still appointed to his position of power.
I do not know why Alan retired from his commissioner paycheck and position of power. It looks like he went back into practice as an attorney and was involved in the production of a movie.
My hope is that my public relations campaign to have him removed from office helped influence his decision.
One major battle won in my efforts to rid Los Angeles of this corrupt family law “judge” was helping Fox News produce a series called “Lost in the System”. You can watch some of the series by clicking here.
So, what can you do if you are having a problem that lands you in court and you have a corrupt judge?
First, if you can afford an attorney, your chance of receiving justice in court improves by 1,000%.
If you are a regular person, you can’t afford an attorney.
Let’s rewind.
Before you get to the point of filing lawsuits…try to live a conflict free life.
There is Biblical wisdom that says, paraphrased, if another Christian harms you, speak to him first, before taking him to court. Implied is that if you harm a person, you should make them whole and be apologetic while doing so.
Goodman Manufacturing Company, L.P. built a crappy heating and air-conditioning unit. Advantage Service Company in North Little Rock installed that unit in my home. A large retailer I’ll call “Good Guys” sold me the faulty equipment and arranged for Advantage to do the installation.
When the HVAC failed, advantage came out to repair it several times. They demanded payment each time. When we reached close to a thousand dollars in repair bills, I looked up warranty law and found that pursuant to the Magnuson-Moss Warranty Act of 1975, all three companies involved must repair the unit for free.
Skipping a few steps, I eventually filed a lawsuit against the three companies for violating the Mag-Moss Warranty Act, fraud, conversion and violating the Arkansas Deceptive Trade Practices Act.
The Good Guys reimbursed me then for the repairs and the cost of the unit.
But the Goliath manufacturing company and its parent and partners refused to apologize or compensate me in any way. Instead of reimbursing $1,000 for the repairs, Advantage Service Company altered invoices to try to create an alternative universe.
First lesson of the day: If you have to cheat to win, don’t play.
Part of the process, one of the steps skipped above, was a small claims judge named Charles Clawson having ex parte communications with Goodman Manufacturing Company, L.P. When I went for a 1:30 PM hearing at 1:10 (always be early), I caught the judge and a tall man talking to each other about the case. I shyly raised my hand and said I was the plaintiff. The judge supposedly summarized what they were talking about before I arrived and sent us home.
Later Judge Clawson had email communications with me and a Goodman representative regarding the case. Before I filed a complaint with the judicial disciplinary committee in Little Rock, the judge recused himself. He had a bad attitude and was snarky when he recused himself, but he did recuse.
So, how to deal with corrupt courts?
Besides staying out of court, the second most important action you can take is to make a good record.
Court clerks have altered and removed docket entries on my cases before. The small claims clerk on the Goodman case took $12 from me to send my complaint and summons certified, then sent the wrong papers by regular mail to defendant Goodman. Goodman jumped from the bushes after 120 days and said “Gotcha! You served us improperly and the case must be dismissed”.
Instead of owning up to their error, the clerk altered the docket to show they had refunded my money, then they thought better of it and reversed the alleged refund document.
Had I not kept my receipts, the clerk would probably have lied.
Keep receipts.
Object in writing to all fishy legal maneuverings.
Keep all emails.
If you send a letter, send it certified.
If your court system allows it, sign up for electronic filing. That way, the time you are served is documented.
Next, brainstorm alternatives to litigation.
You may be able to convince a wayward company to settle with you. Everyone benefits by settlement, except corrupt judges who take bribes. If you have a corrupt judge, the settlement will need to be less than the bribe. Unfortunately, once a company gives one bribe to a judge, you will have no settlement power available against that company or their attorneys. The judge must continue to rule for the briber.
If you are lucky enough to have an honest judge assigned to your case, you will go to ADR, Alternative Dispute Resolution.
I had one company agree to pay the entire bill for ADR.
Realize that mediators and arbitrators are big business friendly. Individual plaintiffs will usually have few cases during a lifetime. Big companies are sued and sue often. They are repeat customers for the “neutral” adjudicator.
You may be able to find other regular people who had or have similar problems with your adversary.
Look at records kept by your court. Most of these are online now.
You can find contact information for similarly situated victims on their complaints.
People are usually happy to share their stories with anyone who will listen.
Write on the internet.
This blog had about 600 posts in 2013. (I wanted to retire and took them all down; alas I have been forced out of retirement.)
When I was getting dozens or hundreds of hits per day, I built a network of other litigants who were having the same troubles with Alan Friedenthal and his ilk. We swapped emails, talked on the phone, met for lunch and worked on three projects together, including the Fox News series “Lost in the System”.
Most jurisdictions have a judicial ethics commission.
File a complaint. Don’t expect too much.
The Commission on Judicial Performance in California took about three years to admonish Alan Friedenthal for an appearance of bias on my case and four others. The damage was done and irreparable.
But knowing they are being investigated might slow down the smarter corrupt judges.
Contact news media.
You can email well written pleadings to the local paper’s reporter that covers the courts.
Chances are better that a blogger like myself will be interested and repost your story.
I am trying to remove Judge Susan Kaye Weaver from her position as Circuit Court judge of Searcy County, Faulkner County and Van Buren County, Arkansas.
She is a dangerous and well connected woman. She has a reputation for playing favorites. She has a reputation of not understanding the subtleties of civil litigation. I suspect she understands every word and is trying to funnel finances from regular people who can’t afford attorneys to her pets.
If you think Judge Weaver is corrupt, please contact the JDDC in Little Rock and contact me. I promise confidentiality to those who want it.
Together we can establish a pattern and practice of corrupt acts by this wayward judge.
What to Do About a Doo Doo Attorney: Legal Malpractice Case Against William Z. White
Most Pro Se litigants cannot afford an attorney. Sometimes though, a person hires an attorney and still loses due to attorney error.
Sometimes people lose because of a judge’s error. A good attorney will fight an errant judge in the appellate court. A great attorney will call out the judge at the trial court and persuade the judge to follow the law.
What happens if an attorney does a bad job?
Usually, nothing.
Occasionally, another attorney will represent the bad attorney’s client in a legal malpractice suit.
Following a brief introduction of an allegedly mal-practicing attorney William Z. White of Heber Springs, Arkansas, there is the full text of a lawsuit filed against “Zac” for legal malpractice. The suit was settled out of court, as are the vast majority of all suits filed. (Most disputes don’t even get memorialized in a Complaint filed in a court. They are in essence “settled” before the victim must take the drastic step of filing suit.)
Remember, I am not an attorney. This is not legal advice or legal commentary. It is a recitation of facts attributed to the people who wrote legal complaints, whether private or public.
A William Z. White was found guilty of charges against him listed on the Arkansas “Court Connect” website, twice for traffic violations and once for a criminal charge referred to as “Hot Checks”.
A William Z. White was found guilty of “Hot Checks”, WC 97-2786 in July 1997. He was 20 years old, indicating a birth year about 1977. It looks like he did not accept the invitation to court, as the docket says “NO PLEA” and “GUILTY – BOND FORFEITED”.
A William Z. White born about 1977 was found guilty of speeding on the I-630 on July 21, 2003. Oddly, the docket entries were not made until 2015.
A William Z. White born about 1977 was found guilty of speeding, Ark. Code. Ann. 16-17-136 in 2019. A docket entry says:
| front moving opposite direction. was in left lane passing other vehicles and had a white SUV behind him. By the time I got up to this vehicle, the white SUV was 2 cars behind him. He tried to say that I clocked the speed of the other car, |
William Z. White apparently rethought this defense, waived appearance and pled guilty.
There is an attorney named William Z. White who I allege filed a completely bogus lawsuit against me. I allege he is shaking me down with a malicious prosecution. Unfortunately, there is a judge named Susan Kaye Weaver who appears to me to be colluding with Mr. White, who goes by Zac.
Interestingly, there is a “Susan Kaye Weaver” AKA “Susan Young” who also got a speeding ticket in Arkansas in 1997, the year William Z. White was writing hot checks. She was 18 years old, meaning born around 1979. Judge Susan Kaye Weaver was also born about 1979.
A Susan Kaye Weaver AKA Susan Young also born about 1979 was ticketed for speeding in 2000. But the officer Rhonda Hance requested no prosecution. [UPDATE 1/17/2022: Birth year attributed to story by Tammy Keith in the Arkansas Democrat Gazette, June 17, 2012 and not an official record. See next paragraph.]
I don’t know how or why the Court Connect filed the Susan Kaye Weaver violations under the name Susan Young. My investigative reporter mind immediately wonders if Judge Susan Kaye Weaver’s position working for the government gave her the ability to somehow change the name in the search field. [UPDATE 1/17/2022: A story published in the Arkansas Democrat Gazette on June 17, 2012 in which Tammy Keith interviewed then District Court Judge Elect Susan Kaye Weaver said Susan Weaver “who married at 21 and divorced less than two years later…” It is possible Ms. Keith did not fact check and that the brief marriage was from 1997 (18 years) to 2001 (22 years). There was a suit for divorce filed by a Susan Young in Faulkner County in 2001 showing on Court Connect, without images of documents. This writer will try to find paper records.]
Regardless, while researching William Zac White and his apparent cohort, Judge Weaver, I came across a complaint filed against Mr. White for allegedly committing legal malpractice. It seems like a complaint my readers might find useful. (Sorry I could not put spaces between the paragraphs.)
IN THE CIRCUIT COURT OF HOT SPRING COUNTY, ARKANSAS
CIVIL DIVISION
MARION D. SPENCE II PLAINTIFF
VS. CASE NO. __
WILLIAM “ZAC” WHITE DEFENDANTS
COMPLAINT
Comes now the Plaintiff, Marion D. Spence II, by and through his attorneys, The Brad
Hendricks Law Firm, and for his Complaint state as follows:
PARTIES, JURISDICTION, AND VENUE
- The Plaintiff, Marion Spence is a resident of Hot Spring County, Arkansas whose
current address is 23555 Highway 51, Malvern, Arkansas 72104. - Defendant, William “Zac” White is an Arkansas attorney whose address is 706
West Quitman Street, P.O. Box 1087, Heber Springs, Arkansas 72543. - This Court has jurisdiction to hear this matter and is the proper venue for this
Complaint.
RELEVANT FACTS - The Defendant attorney was hired by Plaintiff to pursue a claim against Plaintiff’s
employer, Union Pacific Railroad Company (“Union Pacific”) under the Federal Employer’s
Liability Act (“FELA”) for shoulder injuries sustained while on the job and due to the Union
Pacific’s negligence. See Engagement Agreement, attached as Exhibit 1. - Mr. Spence’s attorney, Mr. White, filed the Complaint in United States District
Court for the Western District of Arkansas on September 1, 2017. The case was Civil Action No.
3:17-CV-3074 TLB. See Complaint, attached as Exhibit 2. - Union Pacific filed a Motion for Summary Judgment and Brief in Support on
January 18, 2019. See Motion for Summary Judgment, attached as Exhibit 3; Brief in Support,
attached as Exhibit 4 (pursuant to ARCP Rule 10(d), the Brief in Support is attached without the
large number, 229 pages, of exhibits). - An extension to respond was granted which made the Response to the Motion for
Summary Judgment due on February 8, 2019. - Mr. Spence’s attorney, Mr. White, failed to file a Response to the Motion for
Summary Judgment, despite being given an extended deadline to do so. - As a result of attorney White failing to respond, the Motion for Summary Judgment
was granted and Mr. Spence’s Complaint was dismissed with prejudice. See Memorandum
Opinion and Order, attached as Exhibit 5, and Judgment, attached as Exhibit 6. - Mr. White failed to hire an expert doctor to rebut the opinions of Union Pacific’s
expert doctors who opined that Mr. Spence’s shoulder injuries were not work related but were part
of the natural aging process. - The Memorandum Opinion explained that a plaintiff in a FELA case must present
expert testimony of his own to establish a causal connection between the injury and whatever
incident is alleged to have caused the injury. See Exhibit 5, page 4. - “The test of causation under FELA is much easier to prove than in state tort cases;
it is whether the railroad’s negligence played ‘any part, even the slightest,’ in the injury that is the
subject of the lawsuit.” Richardson v Union Pac. R. Co., 2011 Ark. App 562, 3, 386 S.W.3d 77,
80 (2011) citing Rogers v Missouri Pac. R.R. Co., 352 U.S. 500, 506 (1957). - An employee’s claim under FELA does not depend on showing that the injury was
caused by a particular act or a specific event, but can be caused by the cumulative effect of a series
of events or due to the employee’s weakened condition. Fletcher v. Union Pac. R. Co., 621 F.2d
902, 909 (8th Cir. 1980). The railroad has a duty to protect the employee from further injury. Id. - Mr. Spence needed an expert to opine that even if Mr. Spence’s shoulder was
degraded by age and years of use (like all older humans), it is the lifting of ties on the railroad that
caused the injury that required surgery and caused his serious problems. - The repetition of lifting and placing at least 1000 plates per day placed excessive
strain on Mr. Spence’s shoulders and he was made to continue doing that same work even after he
complained of extreme pain to the track foreman and even after an injury report was filed. See
Exhibit 2, page 4.
PROFESSIONAL NEGLIGENCE - Defendant had a duty on behalf of his client to use reasonable diligence and skill
ordinarily used by attorney’s acting in the same or similar circumstances. - Defendant’s conduct fell below the generally accepted standard of practice when
he failed to hire an expert to rebut the opinions of the opposing experts. - Defendant’s conduct fell below the generally accepted standard of practice when
he failed to file a Response to the Motion for Summary Judgment. - As a result of the negligence of Defendant, judgment was entered against Plaintiff
and Plaintiff’s claim was dismissed with prejudice. - Plaintiff would have likely prevailed on the Motion for Summary Judgment and the
underlying case had he provided “even the slightest” connection between the injury and the work
at the railroad. - Defendant Union Pacific had already offered $100,000.00 to settle the case and, as
often the case, settlement negotiations were on hold pending the ruling on the Motion for Summary
Judgment. See Settlement Memorandum, attached as Exhibit 7. - As a result of Plaintiff’s attorney failing to hire an expert and failing to file a
Response to the Motion for Summary Judgment, Plaintiff suffered damages.
WHEREFORE, the Plaintiff prays for Judgment against Defendant for compensatory
damages in an amount greater than is required for diversity jurisdiction ($75,000.00); together with
any and all special, incidental or consequential damages to which Plaintiff may be entitled.
Finally, Plaintiff prays for attorney’s fees and costs and for all other just and proper relief.
PLAINTIFF REQUESTS A JURY TRIAL.
Respectfully Submitted,
THE BRAD HENDRICKS LAW FIRM
500 C Pleasant Valley Drive
Little Rock, Arkansas 72227
(501) 221-0444
(501) 219-0608 (fax)
tkitchens@bradhendricks.com
BY: ________________________
LLOYD W. “TRE” KITCHENS, ABN 99075
***************************************************
Coincidentally, I had Tre Kitchens agree to represent me in the case filed by Mr. White, before Judge Weaver’s bias became so apparent. Before collecting his retainer and after a slew of bad calls by the judge, such as ignoring Mr. White’s failure to respond timely to several motions, Mr. Kitchens refused to take a $5,000 check I offered to retain him. He took on Mr. White in the malpractice case above and may have prevailed at settlement, but no one really wants to take on City Hall. Especially in the backwoods, inbred culture in the Ozarks.
The Warrior Litigant: One Successful Pro Se Shares His Experience in the Legal System
It is with great pleasure that I introduce you to another person who fought for his rights and won.
Captain Curtis Anthony Hervey (retired) is a champion for Veterans’ Rights, as well as a fisher-of-men, leading others closer to their creator, and a great thinker about how to combat bigotry.
CPT Hervey has filed a few legal actions without attorney representation and “won” through settlement. Both CPT Hervey and my sister Roberta Kramer (deceased) who was an attorney in California told me that it is better to settle than to win at trial. I agree.
Before I share CPT Hervey’s wisdom, here is his Curriculum Vitae, facts taken from his Facebook page https://www.facebook.com/PDMDIA/.
CPT Hervey served over 20 years total in both the Army and Kansas Army National Guard until a 2015 medical retirement due to unfit feet (PDRL).
CPT Hervey is a graduate of Liberty Baptist Theological Seminary with a Masters in Religious Education, Desert Storm Veteran, Distinguished Graduate of Officer Candidate School, graduate of the US Army Chaplain School at Fort Jackson, SC, former KSARNG Chaplain Candidate, and Operation Enduring Freedom Veteran where he served as Deputy Chief of Contracting in Salerno, Afghanistan.
CPT Hervey suffered MMT when his former VA family medicine physician, who is not a licensed and trained mental health professional, retaliated against him by maliciously assigning two personality disorder misdiagnoses. CPT Hervey had filed a complaint up the physician’s chain of command.
By the Grace of God, CPT Hervey was able to successfully have both misdiagnoses medically cleared and redacted from his official VA medical record through health record amendments and winning his health record amendment appeal before the VA’s Office of General Counsel in DC arguing that the VA physician tortfeasor was negligent since he deviated from the Diagnostic Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) standard of care when he failed to meet the burden of proof for the General Personality Disorder criteria.
Next, CPT Hervey embarked on a 4-fold mission: 1) clear his name and restore his honor, 2) obtain justice (punish the guilty), 3) receive compensatory damages, and 4) reform the system as intervention and prevention for other military personnel and Veterans.
In January 2021, CPT Hervey, as a pro se litigant, successfully negotiated a malpractice settlement with the Kansas Department of Justice in Hervey v. United States (Federal District Court case #19-4033-SAC-ADM). This accomplished objective #1, to clear his name and restore his honor.
Although CPT Hervey has yet to receive Justice (objective #2), he still seeks reform (objective #4) to avenge all those who now unjustly bear the stigmatizing Scarlet Letter P (Personality Disorder) and to prevent others from receiving this debilitating and invalidating brand of dishonor.
Without further ado, here is helpful advice for anyone who is injured by the malicious actions of government employees or big business. You can prevail over injustice, but only if you try.
“The Army Warrior Ethos will never allow me to accept defeat:
I will always place the mission first.
I will never accept defeat.
I will never quit.
I will never leave a fallen comrade.“
When you take on the government or big business, you may win a substantial punitive damage award. The punitive damage award is not meant to compensate you. It is meant to punish and deter the tortfeasor. On a spiritual level, it is the deterrence that is your big win. (Of course, most people enjoy having extra money, too. But CPT Hervey and this writer both are frugal and save more than they spend. Money for us means freedom to work on improving life in this realm for all people and helping to populate the hereafter.)
We discussed my analogy of going into a court battle that is heavily stacked against the pro se litigant with living the Black experience. (This writer is of Ashkenazi Jewish descent and Captain Hervey is African-American.) I wrote that I think living with bigotry toward one’s skin color is “like walking into court or the job interview knowing you will lose no matter how right you are.”
CPT Hervey explained the paradigm shift in attitude that he suggests to bring about positive change. “Besides, the Black experience I know about is one of overcoming overwhelming obstacles and persevering under herculean societal pressure. The Black experience is about triumph, not defeat. This society has thrown everything at us and yet we are still here. My ancestors would be dishonored if I was a whiny quitter! The ‘Black experience’ must be redefined. And this is why I say ‘Blackness’ (like Whiteness) is a state of mind. Thinking ‘Black’ typically means ‘walking into court or the job interview knowing you will lose no matter how right you are.’
Instead your mantra should be, “I’m going to win and you’re going to lose.”
Another strong, Black woman who mentored me in fighting for justice put it this way: “We play until I win.”
I hope you find this uplifting and encouraging. If you have a success story about fighting injustice as a pro se litigant or by using administrative procedures, please share by contacting me at bohemian_books@yahoo.com.
No Need to Reinvent the Wheel: Where to find evidence against Portfolio Recovery Associates
You may feel alone as a pro se litigant. But you are not.
My mother used to say, “books are your friends”. The World Wide Web extended your friend list exponentially.
That attorney who earned $199,856.00 for representing a class action against PRA, he is your friend.
He is a nice guy and kinda smart.
Read this deposition and you may feel like you are in the room with your new friend and the folks representing the goliath debt buyer.
This deposition was posted on PACER. It costs 10 cents per page to download documents from the public access site, but your bill is forgiven if you stay below a minimum.
Hey, you and I are friends now, too. If you want to find some fun facts on PACER and want to post them on this blog, feel free to email the download to me at bohemian_books@yahoo.com.
Here’s two more docs that I paid for: the complaint against Portfolio Recovery Associates, LLC and the settlement agreement that came after the deposition above.
Does (Alleged) Debt Cancelation Give Standing to Sue Portfolio Recovery Associates, LLC?
Portfolio Recovery Associates, LLC and other debt buyers have a potential tax loophole.
The original creditor of an alleged debt that cancels the debt must report the cancellation to the IRS on forms 1099-C and 1096. This alerts the IRS that the alleged debtor had “income” the amount of the canceled debt.
If the debt is low and the alleged debtor’s income is too low to require filing, this will be of no consequence to the alleged debtor. If the alleged debtor has enough income to require filing taxes, the write-off might create a tax burden for the debtor.
This is where the real fun starts. The original creditor can write off the bad debt, then sell the bad debt to a buyer like Portfolio Recovery for pennies on the dollar.
I am not an accountant. I am not a lawyer.
I am a thinker. And I think the debt buyer can write off the exact same debt as the original creditor. I think this because Portfolio Recovery has sent some alleged debtors a 1099-C.
I think it would be fair to limit the tax write-off to the amount paid for the unrecoverable debt, and then only if the debt is verifiable. There is an exemption if the debt is disputed. I have not found any code or caselaw limiting the write-off to the once taken by the original creditor.
If the debt buyer opts to write-off a debt, it is supposed to send a 1099-C to the debtor and to the IRS.
Portfolio Recovery Associates, LLC is a wholly owned subsidiary of PRA Group, Inc. PRA Group, Inc. has other debt buying subsidiaries.
Can Portfolio Recovery Associates, LLC “sell” its bad debts to a sister subsidiary? Can the sister subsidiary churn the bad debt through the IRS one more time? Is the alleged debtor responsible for paying tax on the canceled debt two, three or more times?
And what happens if the debt is disputed?
I am suing PRA, LLC for violations of the FDCPA, among other things. PRA, LLC said it decided to “waive” my alleged debt “in light of” the litigation. But, the goliath debt collector claims the stated debt was accurate before they magnanimously called it zero. PRA has no account level documentation of the alleged original debt. PRA knows the portfolio that had the debt listed was full of errors. It already reimbursed about $19M to other alleged debtors who naively gave money to Portfolio Recovery for similar alleged debt. But PRA literally swears under penalty of perjury that I had a debt of $2,297.63 that it bought from the original creditor and that it “waived” the debt.
But PRA told me, in writing, it has no intention to report the waiver to the IRS. Hmmm?
Debt collectors love to quote a case called Spokeo that says if a plaintiff did not suffer actual harm he does not have “standing” to sue over a statutory violation.
Does creation of a tax burden give the alleged debtor standing? I think so. That is why Portfolio Recovery Associates agreed it was not going to file a 1099-C about my “waived” debt.
What will PRA say to the IRS about its decision to waive debt without reporting the waived debt to Uncle Sam?
And when the IRS notices that debts are being churned to multiply the available write-offs, will it endeavor to close the loophole that is so profitable to Portfolio Recovery Associates, LLC?
I hope so.
Getting Raped? Fight, Scream, Kick, Get Loud!
Two good things I got from the ex:
- My kids, of course.
- The advice that I’m passing on to you now, my friend.
I don’t care if the rapist wears a black robe or has “Esq.” tagged to his name.
Fight.
If you are being forced into a van, scream! Not just “Help!”
Be specific.
Scream “White male, 6 foot two, scar left cheek.”
True story. I was waiting in an empty and stationary train in Baden Baden, Switzerland at 2 a.m.
A man walked through, looking this way and that, like maintenance checking before the early run.
Just in case, I stood up and nonchalantly walked the other direction.
He came back and I thought I better act casual and answer his questions. Heart speeding up. He asked me where I was going.
“Zermatt.”
With a Swiss accent, he says “why would you go to Zermatt? It is so cold in the mountains.”
Then he pushed me up toward a wall and came in like he was going to kiss me.
I bit his cheek. (This was before COVID and even before AIDS.)
The man left me alone.
I got off the train to find an authority. There was another woman also looking for the police.
She told me she was on another train with her baby. She saw the same man walk in. He had blood on his cheek. The woman said she told the would be rapist, (in a charming accent), “Fuck off or I’ll scream!”
He left her alone.
You might be out gunned, slower, and doomed. Fight back anyways.
If you don’t, you are still doomed. If you do, you might win.
And then…what a story you can tell.
A Higher Law 