Bronson & Migliaccio hauntings

[unusualsuspect]

Happy to help.

CMRR - Certified Mail, Return Receipt.

///

CACH is a subsidiary of Collect America (their other subsidiary CACV sued me in CA).

[maddesthatter1959]

Does any one have a address for Jacobson & Associates or Marval & Associates, I am being harrassed and they will not give me any information on them.

[unusualsuspect]

The only addresses I have at this time are:

Marval & Associates, LLC
PO Box 974
Getzville, NY 14068

OR:

their registered agent in Delaware:

BUSINESS FILINGS INC.
108 WEST 13TH STREET
WILMINGTON, DE 19801

[deep-n-debt]

maddesthatter1959 - now that you have their address(es), and if you plan on sending any correspondence to them, be sure that you include the address in delaware as well. If you read my entire thread, you will see that the certified letter I sent them on 10/30, that reached their PO Box on Nov 3rd, has yet to be claimed. My next step is to send a CMRR to their registered agent.

Good luck to you!

[LUEser]

Originally Posted by deep-n-debt

So Bronson & Migliaccio is the Collection agency for the Junk debt buyer?? Well if the JDB barely has a leg to stand on then B&M is even further removed.

oh boy....

This gets so convoluted sometimes, that it can really be confusing at times. I'm still new at all of this, but learning lots as I go.

Let me see if I can break this down more simply. Care sold the instrument (contract that gives rise to the debt) to CACH.

At this point Care is made whole, so Care has no fiduciary interest in the account anymore. Go ahead and let the OC disappear out of the picture for now.

Since the account was sold, servicing rights of the account were also sold. As such, CACH has the right to collect as the account is now theirs. (This can be attacked in court, but we'll keep it simple for now) and they can collect on their own behalf if they want to. But they won't.

CACH, like many other high-volume junk debt buyers ASSIGNS servicing rights to a CA. In this case BM.

From there, since BM are not authorized to collect in your state, they SHOULD have reassigned servicing rights to a licensed CA for your state. Or alternatively, assigned the account to an attorney and authorized him or her to file suit.

Funny, neither of those to happened. So under the FDCPA, aside from the crazy claims you already have on these guys, you also have them on the clause "taking or threatening to take action that cannot legally be taken" in this case collecting without a license in a state where they are required to have one if your state sees them as a CA. Or if not, then you have them for the illegal practice of law, which again even if they don't have to be licensed under the AZ collector's guidelines, the FDCPA may still paint them as collectors under its purview and you still have an FDCPA claim under the same clause mentioned above.

It's helpful to remember that right to payment and right to service an account are two different things. While CACH won't forfeit their right to payment unless they too sell the debt, they can transfer servicing rights to a CA, and said CA can transfer servicing rights (if allowable in their contract with CACH) to another CA, and so on and so forth.

See where the chain of custody comes into play?

I'm not sure whether or not AZ has ruled similarly, but here in TN the state has decided that there are distinct circumstances when, even if an entity is a lawyer or lawfirm, it can also be considered a debt collector. It all depends on the capacity in which they are acting.

If they are calling and mailing letters like a Collection agency, and such letters aren't summons to court, then they are acting the capacity of a CA. If they are suing you on someone else's behalf, then they are acting as lawyers. That might be something for you to check into just to see if AZ has made such a similar distinction.

[unusualsuspect]

Well you're on the right track...

Care sold the debt to CACH. CACH hired B&M to collect on the debt.

The OP asked B&M for validation of the debt, B&M is stalling. (Probably because they don't have any documentation)

AZ has a licensing law for CAs, but since B&M is a law firm, they are exempt from being licensed as a CA. The AZ Bar is not really interested in complaints, however, I think it's still warranted.

But as far as I know, AZ has not made the distinction between law firms acting as CAs vs. law firms acting as law firms...

[deep-n-debt]

Very helpful! VERY helpful!

Lert me clarify, as we keep using B&M and that situation as an example (but I totally get the connections now).

B&M received my DV letter. They responded with a stall tactic, and I haven't heard a peep since then, no phone calls and no further written communication.

NOW, the biggest thorn in my side, has been Marval and Assoc (aka Jacobson and Assoc, and most recently presented themselves as EMG and Assoc). THEY are the one's that have been creating the FDCPA violations that we all have been commenting on lately.

I sent them a DV letter CMRR which they have yet to claim. I'm sure they see it and know darn good and well what the letters about and if they don't claim it, then they don't 'technically' have to abide with the requirements to provide me with validation and are not officially notified to not contact me and mine anymore, which they still do, just had a call today, about an hour ago, and before that, was I think about 2 weeks ago, then posing as EMG and Associates.

Unusual suspect suggested I fax them and then lets see what happens, but I need to go to a UPS store or something unidentifiable to me, to fax it, and I just haven't done that yet. I am also in the process of preparing a DV letter to their registered agent as well.

I find it SO hard to not unload on these people in the correspondence, but no worries, I DON'T, as I know that will only work against me in the long run.

Now I have another "attorney" calling my ex sister in law (of over 23 yrs ago). The last person that called her mother (my ex mother in-law) was from B&M, this is from "E- assets" and the # ties back to Eastern Asset Management. When I google them, I find connections to an attorney by the name of John Nicolia (again out of NY). I have had an unknown # call me once before, it was about a month ago maybe, and when I tracked that # down, it turned out to be John Nicolia, so that ties these 2 together....so that will be my next burden I guess. I researched eastern assets mgmt and nicolia yesterday and have addresses for each, so I am planning on sending DV letters to each, changing the wording around a little to refer to "multiple phone calls" , and then the rest of the standard letter, since I don't have anything in writing from them. That's what I had to do to Marval/Jacobson, as those were only phone calls as well, never anything in the mail.

Right now, I have 6 voice mails recorded from Marval/Jacobson. I believe each one holds a violation or two.

What kind of an attorney do I look up to take this to another level?

This is something I found on line today from someone posting in October: This was cut and pasted from what I googled.

716-828-8986 phone number comments:
kelly - 15 Oct 2009
Marval & Associates (posing as Jacob & Associates) My attorney traced the number. Looking at a $1000 from these idiots. Once again they violated the Fair debt act by contacting me after being notified not to call, and once again threatened criminal charges.The best part is, I recorded the message he left and the name he used was the same as the owner of Marval. I have already filed complaint and have case numbers. My attorney will be contacting the these authorties to update the cases.

Any ideas, comments, help? "US"- can you find out who the owner of M&A is, I have names on my recordings, and I am curious if any of them are the owner, such as the story above. You can email it to me directly if thats better.

Thanks in advance!
DND
________________________________

Update - After I wrote the above, and got home, I just had a brand new # call me just now, caller ID = 702-567-8598, caller references 866-358-4608. Googled both #'s and find the 866 # is tied to EMG Marketing Group. Sound Familiar? "EMG and Associates"? But this # is different and the person calling is new, never references EMG Mktg, or any company name for that matter. Just says "very important information" that I "must receive today".....this message is recorded now along with my other 6, although it appears they have switched gears...not sure. But when I googled the 800 #, this is what I found and I would like to know what you know about these prepaids cards the OP is referring to: (this is cut and pasted from what I googled)

EMG is Emerald Marketing Group-its a payday loan company i wonder if there fraudulent because i have a loan pastdue with them and they do not accept moneygrams they want you to pay with a prepaid card -i asked for an address they said the payment can not be sent thru the mail-any help out there?

Myself, I did have 3 or 4 smaller payday loans (BIG mistake), at the beginning of the year (2009) then they went south when my employment went south. I saw it coming so before they could take the next prearranged payment from my bank acct, I emptied and closed by bank acct. So I am solid with the bank, nothing ever went negative with the bank, when they went to withdraw the next allotment, the bank would have returned it as the acct was closed. I confirmed this with the bank before I closed it. I have since opened a new account and a new bank and all is well there. But no way in hell will I provide my new bank information. But I am wondering how these prepaid cards would work. I have googled and cannot find an address for Emerald Marketing Group so that I could send a DV letter, so now what? How would I deal with them?

Thanks