Story to Tell How it Was : My Night Out at Night Court

ncourt I did not know they had night court in Atlanta, well Dekalb County and I had to show up to night court to deal with a credit card issue. What basically happened was there was a credit card debt I owe from during my previous marriage years and now some company named UniFund showed up and tried to initiate a lawsuit against me and they doubled the amount owed talking about interests and fees. I found out that this is UniFund method of operation and this just wasn’t me. It seems UniFund game is to buy old collection accounts for pennies on the dollar and then go straight to small court lawsuit with a regular person. The hustle is the regular person may not be legally savvy to defend themselves and UniFund is trying to seek a default judgment against that regular person. Then as the court case is pending, UniFund tries to contact and get people to acknowledge the debt and use this information in court. I saw all that shit a mile away homey. Let’s ignore the bitter divorce scheme of not forwarding my mail hiding this stuff hoping I get burned because it didn’t work. But that stuff is non-value nostalgia and unimportant - let me continue. I was worried about this lawsuit because they seriously wanted some serious money from me that was going to cripple my finances. I would had no choice but get Debt Stoppers and Warren Ballentine to help me declare bankruptcy protection, a move I’m not scared to do. You have to remember, I really don’t own anything and single now and my credit score is bad because I don’t have any credit lines right now, meaning I’m not in debt like the rest of these cats. So for me, I have zero problem making a BK move and that was an option. So I checked my credit report. When I checked my credit report, I noticed the debt Unifund talking about I was owed was well past the statute of limitations to try in a court of law. But the lawyers for Unifund kept leaving messages acting like I supposed to respond to them – I don’t respond or chat with an opposing party who file a suit against me and you shouldn’t either and you will see why later on in this article. Then they sent me a bill for the high amount talking about they willing to settle the amount. Let me cut to the chase here – all of that I mentioned that Unifund and their lawyers done appears to be violation of the Fair Credit Reporting Act and it gives me the ability to sue them, which is what I’m considering. Then I get this letter talking about they have some preponderance of evidence against me, again trying to scare me and stuff. So I went to court which was the night court at DeKalb County and this is what I saw – old and poor mostly old Black people and a few disabled Black people. I saw a couple of cuties like sistas that been spending too much money on purses and shoes with credit card bills. These weren’t ghetto sistas either, just the ones you would see on MARTA that look decent as you ride the train into downtown. Ok, so we go into the courtroom and what I see is some lawyers – all of them look like scumbags which is what you expect a lawyer working on behalf of a credit card company supposed to look. I mean damn, these cats went to law school just to graduate and help sue old Black people on behalf of credit card companies – I hope you sistas ain’t too impressed at the club when a dude tells you he is a lawyer. So the judge tells everybody this court is about paying off debts such as credit cards and other stuff and the lawyers are willing to work with them and gives us time to talk to the lawyers to see if we can get some kind of payment arrangement. Actually, I found this to be a problem and an unfair setup because it appeared the night court was really helping the credit card lawyers interrogate the defendants who were old and poor and didn’t have lawyers collect information that can be used if a trial proceeding where to occur. I walked past people who were talking to these lawyers like these lawyers are some bill collector over the phone and these “defendants” people did not realize they talking to an opposing party looking to screw them over in a court of law. So the Unifund lawyer met with me. This guy shows me some bill and asked he can negotiate a rate, I told him I’m simply seeking dismissal because they were beyond the statute of limitations. I asked for his evidence and all he had was some bill. I told him the bill showed no evidence of activity and I showed him all of my credit reports showing the debt in question already dropped off my credit report after 7 years and reminded him the statute of limitations was 6 years. Then the lawyer tried to be sharp asking "are you saying you don't owe this money?!" and I responded "I'm not saying that - just saying you ain't going to use the courts to get what I owe" which shook him harder. He tried to run some other game but he began to realize he wasn’t dealing with some old poor Black person but the Chief Strategist of the 3rd Strategic Institute and our uncanny ability to handle ourselves in the courtroom and in back alleys. He was shooked, left and ran to this phone trying to make calls and faxes – this is why I told you cats do not be talking to these lawyers. As you see, he was not interested in helping me, this lawyer was only interested in his client and he on the phone outside trying to get them to fax him something fast so he cannot lose this lawsuit. I even challenged him and it made him mad saying “I thought you guys had a preponderance of evidence? Where your’s evidence?” and told him my credit reports are some really convincing evidence the judge would find interesting. So you know what happened? I opened up my notebook and on plain paper began writing up a motion for dismissal with prejudice to hand to the judge. Now here is the thing I noticed about the DeKalb County night court – all of the defendants were just sitting in the back benches there doing nothing while the credit card lawyers approaching the judge and the bench handing motions and talking about they agreed to a settlement and the judge rendering a judgment against the defendant. There was one lady who said she thought the judge could lower the amount due because of her sob story and the judge told her that is not possible. This is court, these poor Black people were sitting there waiting their turn instead of making maneuvers in the courtroom. But I believe the lawyer saw me writing up my motion and he got shooked and snuck a form to the judge to be signed and quickly handed me paperwork where he filed a motion for dismissal and my case was dismissed. I shooked his hand and said nice move before leaving. He tried to threaten that UniFund can file a suit later but I believe it’s unlikely because it is way past the statute of limitations after today, come on now. In fact the one who is considering preparing a lawsuit is me because I have a preponderance of evidence Unifund knowingly filed this suit after the statute of limitations and threatened legal action and executed legal action in violation of the Fair Credit Reporting Act and I can file in the same magistrate court. This is what was going on as to why I didn’t update the blog for a few days as I had to research for this case. The bottom line is what I told you cats over and over again about legal affairs – you have to know your case to the point you can defend yourself. The same way you need to know your taxes to the point you can personally appeal to the IRS to straighten things out. Too many Black people talk about they have a good lawyer or they have a good accountant and other bullshit but they themselves don’t take time to learn about legal and finances so they can know when their own business is being handled. This is why Black celebrities and athletes be ending up broke, leaving some cat to handle their affairs but instead cleaning out that celebrity bank account and IRS to go after the celebrity. Then you have ghetto Black people signing plea bargains for things they haven’t done because their public defender is telling them that is their best option and they cannot afford to risk an all-white jury will convict them and get a 20 year sentence. Real talk, learn to handle your business. I really don’t know who many of you African-American clowns think you are trying to step to me through the Internet when I’m a straight beast out here in the real world handling my business especially against these lightweight and average cats. I came from the West Side of Chicago and was raised by Black local entrepreneurs giving me odd jobs, hustlers having me move things in my school book bag and my older brothers who learned the hustle game also as well as the gang members mentoring me on how to do for myself and get it anyway it can be got. And my West Side sistas who taught a brotha how to be down for his woman no matter what and how a real woman should be sexing me. All of these sneak hating cats too bitch to even validate because they scared to find out I’m the real deal and got hundreds of West Side families going back to 1930s. In some instances, I’m qualified to be a so-called Black leader because I got the resume and background but the truth is, we are about self-empowerment here and I want all of you brothas and sistas to have the skills I just demonstrated to you and also the ability to have insight when you see things going on like I just described with this night court setup against old people. Now, most of the old Black people were on Social Security so they cannot be garnished anyway but what collection agencies try to do is put a lien on the house or even go further to go after assets. I expect as the result of reading this article, if any of you brothas and sistas got older people in your family or your parents being harassed by collectors over old debts, then you better learn to step up and fight for them. It is my understanding these collection agencies love old poor Black people who can’t defend themselves and may own their own home or whatever and try to get a default judgment. You have to step in and most of the time, these are old debts that beyond statute of limitations and collectors are trying to trick them to acknowledge these old debts in a court of law. Okay, this is what happened the past few days and I will be back on mission and watch me and you keep winning on these cats.

4 thoughts on “Story to Tell How it Was : My Night Out at Night Court

  1. I’ve taken my kids to the credit card collection court so that they could witness firsthand everything you’ve described above, and, understand that the purpose of the legal system is not to dispense justice, rather, its purpose is to determine whether violence is permissible as a means of contract enforcement. (garnishments, liens, etc.., are violence)

    What is done to poor defenseless people in this context is despicable. The greasy scumbag lawyers schlepping for the bad-debt buying collection agencies all know without exception that they’re incapable of meeting the plaintiff’s burden of proof. The way the collection court collaborates with these scumbag attorneys in this context is a profound eye-opener about the exact nature and purpose of the legal system and those who operate it.

    1. This is what I found about UniFund online:

      “According to court papers, Rosenberg’s outfit bought up old debts, some from 1990-1991, changed the dates of last activity and account numbers, then placed them into credit bureau files as current accounts. The ONLY thing I can equate this type of activity to is someone who would steal medicine from a senior, or a pharmacist who dilutes prescriptions so they can make more money.
      Rosenberg takes advantage of those who can least afford it so he can continue his extravagant life style and pay for his toys, that include a Challenger 604 intercontinental jet.
      Rosenberg and M&T Bank, Buffalo, NY developed the ‘RushCard’ a debit card costing users an annual fee and possible future nightmares of dealing with Unifund.

      Hey, wait a minute? The “Rush Card?!”, yes it is beginning to become clearer by the day, especially what I saw in that courtroom. I saw in the past few years the most callous attacks against our people have been orchestrated in these smaller courts on a daily basis.

  2. What gets me is all the class action suits filed against UniFund and they’re still using the same hustle. Is UniFund using Indian call centers to harass people? I know one debt collector tried that on me recently.

  3. This happens every day and we as blacks are not taken this seriously about “being about our business” I work in credit/collections for over 12 years and used what I learned in order to tell my family and close friends (who would listen). I advised them about statute of limitations, never advise you owe the debt, never agree to a settlement, and never take the company word that you owe a bill. With the credit reports, I was able to help several family members get their credit up to par without paying those so called “repair credit” when you can save your $200 and do it yourself. I still look for new laws concerning the Fair Debt Credit Act and Collections procedures. When you know the law, they back off you like they did, Ed. When collectors call me about a debt from over 10 years ago, I spout my compliance knowledge and I never hear from them again. My mom has gotten good at it as well…I wish more of our people would take hints from others and grow our financial and personal selves so we can have a better and secure future. I am not glad you experienced this, but maybe this sotry will help someone else out there.

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