TIRED OF RECEIVING
Unsolicited JUNK FAXES
FROM FAX
SPAMMERS?
Why not make some
Cash Money??
If you believe that you have received an unsolicited junk fax, we would like to hear from
you. Contact us today by filling out the short form below and let us review your claim. You may be eligible for compensation under the law from $500 to $1500 per unsolicited fax.
How About
Getting PAID $500 - $1500
FOR EVERY
JUNK FAX YOU RECEIVE? |
Please Report Your Unwanted Junk Fax
Spam & Get Paid Cash For Every Unsolicited
Fax You Receive!
WE MAY BE ABLE
TO HELP YOU STOP JUNK FAXES
AND PAY YOU CASH IF WE FIND
YOUR SPAMMER!
How to get $2,500 per junk fax you receive
(if you live in California)
Important Notice: This information is intended to provide general
information only. If legal advice is required, the services of an attorney
should be obtained. Not every situation is the same. Under law, we cannot give
you legal advice, nor can we encourage you to sue someone.
NOTICE: As of October 5, fax.com is kaput. Eric Wilson will soon file
for bankruptcy based on the judgments that people already have against him. He's
also dropped from sight and fled the state. Therefore, for right now, suing Wilson is not going to be a very
satisfactory use of your time (at this time).
We suggest you either:
This page documents the process I went
through when I filed.
This process works. For example, I got small claims judgments for over
$40,000 in a single day against a fax.com advertiser and the top officers
personally of the firm. I appeared in court and spoke for 10 minutes. There were
only 16 faxes.
Others have brought single cases against Wilson and won.
Here's a nice ruling from a small claims judge which is handy if you need to
educate your particular judge:
Two critical things to do as soon as possible:
-
Save all your faxes
-
If you reside in California, join the Calfornia Yahoo group: junkfaxCA
-
If you reside outside California, join this group:
Yahoo! Groups
junkfax
You have two options:
-
If you are ready to take action yourself and invest several hours of
your own time, keep reading
OR
-
Simply wait for an announcement on the Yahoo list of a lawsuit against
major broadcasters that you can simply join on as a Plaintiff. This requires
the least amount of time and effort.
First, thing you should know is that I do not hire an attorney. If I hired an
attorney, I can't use small claims. That means my case would take 2 years and cost me a lot of money. Instead I do it
myself. The first time it is a bit daunting, but subsequent times are easy. Sort
of like riding a bike.
I started with one case, even if I have 100 faxes and went through the entire
process of going to court, winning, going to the appeal, winning, and then
collecting. Once I had the whole process down and had been through it once, I've
filed 15 or more lawsuits at the same time and scheduled them all to be heard on
the same day.
The process describe here has been duplicated by others who chose to take
action. You don't have to be an expert to win . On July 15, 2004, Mark Klein won a default judgment of
$2,500 on a single fax in Palo Alto small claims. Eric Wilson did not show up.
Because Mark can prove he was served (since he filed a countersuit), Wilson
can't file a motion to vacate. And because Wilson didn't show, he can't even
file an appeal! Mark Klein can then repeat this process with every fax.com fax
he gets. If Wilson had appeared and appealed, Klein could have invoked extra
penalties.
The
choice on whether to take action or not to enforce your rights under federal law
is completely up to you.
We decided to take action, and so we started with a single fax and went through the
entire process below. It's not that hard. Once you've done it once, you just
replicate it each time you receive a fax.
Do not try to get creative (e.g., serving other parties who are also liable
for sending the fax) if this is your first time. Stick to what has worked for
others, i.e., follow the examples below.
You can do everything right and lose. This is because there are very bad
judges everywhere. So if your judge rules incorrectly on your case, (e.g., tells
you you can't file in small claims court, or that you have to consolidate your
cases, or that there is a $50 per fax law in California or that you can file
only two suits for >$2,500 per 12 month period), give up. You are
wasting your time.
You can only get justice with judges who understand the law and the
only way you can determine this is through actually filing and winning.
Below is information that you may find to be
helpful to filing a case. If you follow the procedure, you'll likely win
(nothing is guaranteed with respect to our system of justice). Then you'll
send your claim to a collection agency that specializes in Eric Wilson
collections. While not a slam dunk, it's a good bet you'll get your money.
This page documents the process we took when we filed against
fax.com, but it is
written in a manner that is intended to show the steps involved in filing a
suit. This is not legal advice; we suggest you contact an attorney for
that. Nor are we encouraging you to file suit. We are only posting instructions
we wrote for ourselves on how we did it.
Total out of pocket cost: a $22 filing fee (paid to my local court
in Step #4) plus a $25 cost to serve. Both are added to my judgment when I win (see details below) and thus are fully recoverable.
Amount of my time: A little more than an hour
Restrictions: This method is only for faxes you get from fax.com (see
step #1)
Step #1 Determine how many "fax.com" faxes I have (5 minutes)
Most of the junk faxes in America are sent by one company: fax.com. They try
to make them look different (and they NEVER put their name on the fax), so
please follow these instructions:
If your faxes don't match at least two characteristics, don't waste your
time unless you are sure. Although 1 match establishes preponderance, the more
you have the stronger your case.
If we found we did not have a fax.com fax, we STOP HERE. We never sue unless
we are
sure (or reasonable confident)!
CAUTION: Always do your homework before you file. If you file frivolous lawsuits
without making an effort to determine whether the Defendant is at fault, not
only can you be sued, but your credibility in future suits will be jeopardized. I
never file unless I'm sure that the preponderance of the evidence is in my
favor; the more evidence, the better.
If you are not sure, do not file.
Step #2 Send a demand e-mail to Eric Wilson (5 minutes)
The small claims judge will ask us whether we sent a demand letter before
we filed our case.
-
Add your address so that Eric can contact you if he wants
to settle (don't count on it, but you may get a call from Terri Breer). You may also want to include your phone number, but that is
optional.
-
Fill in the actual number of fax.com faxes you have in your possession
Be sure to print out and save a copy of each demand letter so you can hand it
to the judge. He'll ask for it. You do not need to send your demand letter using
certified mail; regular mail is fine.
Mail it.
We never lie about anything. We always use the exact number of faxes we have
in the demand letter. We started with just a few faxes to make sure all the
judges would rule favorably that we might get.
If you follow in our footsteps, update your vote at http://finance.groups.yahoo.com/group/junkfaxCA/surveys?id=1206250
Step #3 Fill out our address on the pre-filled out small claims PDF form
with our address (5 minutes)
We always sue only for one fax per claim form. Each claim form will ask the court for
only $2,500 per fax in order to preserve your ability to sue for higher amounts
later.
There is a $5,000
limit per claim in small claims. Each fax will be a separate "claim" in small
claims, so you don't have to worry about the $ limit in small claims. We
file a case for each fax we receive, $2,500 per case (saving the two $5,000
cases for special occasions). But we started off with one case first to prove to
we can both win and collect before filing the other
cases.
It's simplest to file only against Wilson. If we have multiple defendants,
we just increase the cost of service. We get to collect only ONE $2,500 (from
any Defendant(s), so long as you don't try to collect more than $2,500 total from both on
the claim). If we over-collect, we'll return the excess funds to the levying
agent.
Go through the entire process with just one claim first (one
fax). After we've been all the way to a judgment and collections, then you can
file multiple cases at a time.
Our courthouse can be located here: File Your Claim.
You'll need to enter that address at the top of the form.
We double click on the Yellow comment symbols for instructions in each area. We
make
sure we've double-clicked on each comment and followed the instructions.
If we were not suing as an individual, we'd have used this table for how to fill out the
Plaintiff box and would have filled in our fictitious business # and expiration
below our name.
Type of entity
|
Example format
|
Individual
|
Doe, John
111 Main Street
San Jose, CA 00000
|
Sole proprietorship
|
Doe, John
DBA: Does Tires 111 Main Street
San Jose, CA 00000
|
Corporation
|
Doe Corporation
Doe, John - President 111 Main Street
San Jose, CA 00000
|
Partnership
|
Doe, John - Partner
DBA: Doe & Smith Bakery 111 Main Street
San Jose, CA 00000
|
We enter the date of the fax we are suing for on the claim form.
However, we don't use the actual fax until we appear in court. So the
fax itself is NOT filed with the court or served on the Defendant.
We then print the form. To ensure we don't print the comments, we are sure that in the
Print dialog:
We verify everything is correct. Then we sign it.
We have Acrobat Standard or Professional, so we can save it (for next
time).
Notes: The example provided is for Wilson. You can sue who you want, but at
this time, the examples provided for what we do are all for Wilson. There is plenty of
evidence (such as the FCC Notice of Forfeiture) that others are liable. However,
there is more evidence for, Wilson is collectible, and it simplifies
our lawsuit and reduces your costs just to name one defendant (for now).
If I'm not sure the fax came from Wilson (e.g., the removal number is fax.com
but the headers do not match fax.com), or just want to be extra sure of
winning, I also fill out the subpoena form at the same time to get the list of
fax.com faxes and customers. Wilson is under court order to have preserved this.
So he has to have it. If he doesn't produce it, he's in contempt of court. You
can then construe that the evidence shows what you claimed it would show, i.e.,
that they are a fax.com customer. Wilson will NEVER bring a list of fax.com
advertisers and faxes to court since that could be used in other cases. So if
you go through the extra effort of the subpoena, you win by virtue of Wilson's
guaranteed default.
Step #4 File our claim (and subpoena) at the nearest small claims courthouse to where
we received the fax (30 minutes)
See File Your Claim.
Bring a checkbook or cash to cover the filing fee ($22).
The subpoena is free. Bring 3 copies of your subpoena to the clerk. He'll
sign one and stamp the other two. After you serve a copy of the subpoena (i.e.,
one of the two stamped versions), you file the ORIGINAL subpoena with the proof
of service with the court. So it's subtly different from the process of filing a
claim where the court keeps the orginal and you serve a copy and file the proof
of service with the court (in this case, the court ALREADY has the original
claim).
Step #5 Serve our claim (5 minutes)
Since Wilson is outside our county, we must serve our claim at least 20 days before the court date. Since it
can take the process server time to serve the Defendant, and because he only
makes 2 service trips per month, it is CRITICAL to send our claim to be
served to the process server as soon as we file it.
If we are serving Eric Wilson, mail the "service copy" that you got back
from the court to:
Bill Cohen
P.O. Box 16492
Encino, CA 91416-6492
Be sure to include a check for $25 payable to Bill. He normally charges $40
to serve the claim, but Bill is able to offer a discounted price on the service
due the volume of cases he is serving against Wilson. We make sure we have the
claim to him by the end of the month so he can serve Wilson in an expeditious
manner. When we get the judgment, the cost of service of $25 (and the $22
filing fee you paid) will be added on to our claim by the judge when we win.
Bill will send us back a copy of the proof of service and he'll also mail
the original proof of service directly to the court since this should be filed
with the court within 24 hours after service is complete.
Step #6 Appear in court, explain to the judge our argument, and win (60
minutes)
Before we go to court for the first time, we checked if anyone else has
filed against Wilson so we can compare notes with them on what happened. For example, www.sccaseinfo.org
allows people in Santa Clara County to search on cases filed in that court. It
always helps to watch a case or two.
Here's a list of people we contact with your court date and we ask them to
appear as expert witnesses. Generally, we'll call them in advance to let them
know of the date and then on the date. If Wilson shows up for roll call, we call
our witness and ask them to appear.
Please use the contact link to request your email be added here once you win
and feel comfortable to help others:
County
|
Successful junk fax plaintiffs (and their emails)
|
Santa Clara
|
Mark Klein: mk at dxdt.com
Jim Sutton: jsutton at propel.com
Steve Kirsch: stk at propel.com
|
We are always sure to bring: 1) a copy of the demand letter you sent, 2) a copy of the
proof of service (the court should already have this but it's better to be safe), and 3) a copy (or the
original) of the fax
you received.
We ask for $2,500 (this is less than the $3,000 we are entitled to) plus costs
(service + filing).
Here's the kicker: Wilson must appear personally to defend himself. He cannot
send anyone in his place! Attorneys are not allowed. It is likely that he will not appear and you will win, but you
must wait around in the courtroom for your case to be called (that is how you'll
be spending most of the hour in this step...waiting) and provide enough
evidence to prove your case to the judge.
If Wilson doesn't show up (likely), and your argument is good, you'll win
what's called a Default Judgment (i.e., the Defendant didn't show up). Wilson
can't appeal that, but he can try to vacate the judgment. Again, he must appear
personally to win. If there are enough people suing Wilson, he ends up spending
all his time in court which keeps him from sending out junk faxes.
IMPORTANT: If we always decline to use a pro-tem and re-schedule even
if Wilson does not show up. Pro tems (temporary
judges) usually give
really bad decisions on TCPA cases because they aren't familiar with the law.
The other reason is that you want to educate the judge once on the issue so your
future cases will be much easier. Pro tems are different each time; judges or
commissioners are the same.
People (Dick Fay, for example) have lost cases even when the Defendant didn't
show up because they accepted the pro tem. In one case, the pro tem ruled you
can't sue Wilson, you must sue fax.com and never gave the Plaintiff a chance to
explain that since Wilson is an officer with full participation in the action
and the statute says "person" that Wilson is personally liable.
I always present your case in 5 minutes and preferably less. I NEVER READ
from a script. Instead, I use the written document as stuff to give to the judge
and speak using the following list:
-
This is a case of an fax sent to me on my home fax machine on July 15,
2004 without my express permission or consent.
-
I am asking for $2,500 in damages which is $500 less than the amount I am
entitled to under federal law (TCPA).
-
To prove my case, I must show 7 things:
-
the venue is proper
-
I sent a demand letter
-
a fax was sent without my express consent
-
the fax was sent by fax.com
-
Eric Wilson is an officer of fax.com and is directly involved
authorizing actions that led to the sending of the fax and is thus
personally liable
-
the law entitles me to $500 per violation and each fax has at least 2
violations
-
treble damages are allowed under federal law and should be granted
-
The venue is proper because the TCPA specifically requires an action to be
brought in state court. The venue is proper because I received the fax at my
home/office which is in the judicial district of this court.
-
I have sent the Defendant a demand letter, but he has not paid (hand the
judge the demand letter; ideally hand him all the exhibits at once in a
binder (you keep a copy too) so you can refer to sections and don't have to
keep passing exhibits)
-
My own testimony is evidence that the fax was sent without my consent. I
cannot prove a negative. My statement under oath now causes the burden to
shift to the Defendant to prove with preponderance of the evidence that my
statement is incorrect.
-
Through research on the Internet, I have determined my fax was sent by
fax.com because the headers match their style and because the removal number
matches the known fax.com removal numbers posted on junkfax.org. This is
definitive proof because over 99% of the faxes with both characteristics
have been determined by experts to indicate that the fax was sent by fax.com.
-
The Defendant works for "fax.com" (he actually works for
Tech Access Systems and is personally liable for sending the fax I
received
since he's an officer with knowledge of what is going on. Wilson was found
personally liable by the FCC and personally liable in the Covington and
Burling case. All over the state, small claims courts are finding him
personally liable for sending unsolicited faxes.
-
Junk faxes are illegal under the TCPA. The penalty is $500 per violation
-
Each of these faxes has two violations: (1) for sending an unsolicited fax
and (2) for violating the identification requirements.
Trebling is warranted if the action was willful or knowing, i.e., it was
not by accident or without his knowing that these faxes were being sent (the
Defendant's awareness of the law is NOT relevant to the trebling decision;
only whether the faxes were deliberately sent).
-
Trebling is more than justified here since the FCC has been citing fax.com
since 2000 and they persist in violating the law.
-
I am asking the court to award me $2,500 plus court costs (service and
filing fees) due to small claims
limitations (2 violations =$1K; tripling is $3K)
It's unlikely he'll show. If he does, he's been known to lie. He might claim "he's just a
shareholder" or that he didn't send the fax in question or that he quit
working for fax.com in mid-2003. Then it's your word against his. Without proof, you'll lose.
2 things we are sure to do to prepare:
1) We read through the entire Q&A on this site once. It's long, but it's worth
it. We'll know the law that way and be prepared for the unexpected if Wilson
shows.
2) Give the judge a copy of:
If this is our first time, we bring someone with us who's done it before as
your expert witness. This lets them "chime in" if we get stuck.
Here's what Mark Klein did:
My first hearing against Eric Wilson was today in the Palo Alto
Courthouse. Eric did not show up.
I gave the Commissioner a quick
background of the issue:
1. When I first started receiving junk faxes, I'd call the opt-out
number, but the problem got worse
2. I'd call the interest number and asked to be removed, but the
problem got worse.
3. I started suing fax.com customers 18 months ago and I've never
kept my fax number secret; in fact, Cozen O'Conner (who used to
represent fax.com) had the number. Still, the problem got worse.
4. Not until I had Eric Wilson served with my complaint did the junk
faxes finally stop flowing.
5. I struck at the beast and the beast struck back by filing a
complaint against me in Orange County.
I received the full $2,500 for the single fax
Here's the argument Gene Carmean used to win $5,000 for two faxes:
Step #6.1 If you lost, request to vacate/appeal
You can file a Vacate Request (not a motion
to vacate).
The same judge will review it. If that doesn't work, then appeal it. You
appeal will be accepted by the clerk and the judge and you'll get your request.
You should also report the judge to the Presiding Judge in your county if the
judge seems incompetent and doesn't understand basic legal principles (don't do
this if he just disagreed on the facts).
Step #6.5 Repeat for any appeals
If the Defendant appeals, you just do the exact same thing all over again in
a different court room. Everything is still informal, but either side can bring
an attorney. I never do.
Here are the key rules on appeals:
116.710 (d) A defendant who did not appear at the hearing has no
right to appeal the judgment, but may file a motion to vacate the judgment
in accordance with Section 116.730 or 116.740 and also may appeal the denial
of that motion.
116.790. If the superior court finds that the appeal was without
substantial merit and not based on good faith, but was intended to harass or
delay the other party, or to encourage the other party to
abandon the claim, the court may award the other party (a) attorney's
fees actually and reasonably incurred in connection with the appeal,
not exceeding one thousand dollars ($1,000), and (b) any actual loss of
earnings and any expenses of transportation and lodging actually and
reasonably incurred in connection with the appeal, not exceeding one
thousand dollars ($1,000), following a hearing on the matter.
Step #7 Let junkfax know that you won or lost
The court should mail me the judgment. Ask the clerk if I didn't get it. I send
a copy to junkfax.org using the contact link.
I use the contact link on the left and let junkfax.org know you've won and whether you are
willing to assist others in your county. If so, they'll post your name and email
here so others can contact you.
If I lost based on an improper ruling of law, I can file a Request to Vacate the decision (*not* a Motion to
Vacate; that is different) and you can also appeal to Superior
court if the judge denies your request.
Step #8 Repeat the process, but this time with more faxes
If I won, I repeat the process, but file 5 or more at a time. If I lost, I repeat with one case and
I try not to make the same mistakes I did before.
If I won, I wait 30 days. If I get paid I am happy. If I don't get
paid in 30 days, contact us. In the near future, we'll create a new Yahoo group
for people with judgments to collect so that you can leverage what others are
doing, e.g., use the same collections firm. It is much more efficient to collect
multiple judgments at once.
If I don't get a SC-133: Judgment
Debtor's Statement of Assets form from Wilson that is fully filled out
within 30 days after the judgment, I can file to have Wilson arrested and
brought before my court. See below for details.
If you want to collect on your own to get experience, read on.
Step #9 As soon as I get the Notice of Entry of Judgment from the court, I
wait for the Judgment Debtor's Statement of Assets form from Wilson
The court will send the debtor a form called SC-133: Judgment
Debtor's Statement of Assets form (see California Courts Self-Help Center Small Claims Small Claims Forms).
Wilson has 30 days from the date of the judgment (see the form for details) to
pay or fill out the SC-133 form. It is his responsibility to ensure that I got
it and that it is complete and accurate.
I can also serve the debtor with 35 interrogatories every 120 days that he
must answer in 30 days or I'll haul him back into my court. I can also serve a subpoena on the debtor.
All from the convenience of my home court.
If he doesn't lie, I seize the assets he told me about. If he lies or if any
of these are incomplete, wrong, or simply not returned, I file an OSC re:
contempt and the short story is that Wilson gets arrested and sits in jail until
he pays the bail of my judgment amount.
Details:
-
If he doesn't return the assets form, I simply have the judge have him arrested for contempt (and pay my attorney fees)
under CCP
116.830(d) (This is also mentioned in the Nolo Press "Everybody's
Guide to Small Claims Court" which is an excellent reference; see p.
24/11). It is up to me to ask the court to have him arrested. Some courts will have a
local form for the bench warrant used in my county (I ask the clerk or the small
claims advisor). For example, here is the form
used by Orange County for a bench warrant). Otherwise, you use a
Motion form
and pay $15.40. Wilson should have assumed that
if he didn't send back the form or pay off the debt, he'd be subject to arrest.
And if Wilson lies on the form or omits ANYTHING, he can be held in contempt and
arrested again.
-
Wilson can be sentenced to jail for up to five days using this procedure,
per CCP 1218.
-
I file SC-134
at the same time as the bench warrant so that they have the same appearance
date so that when he appears in my local court on contempt, I can examine
him and collect attorneys fees for the exam if I use an attorney. Exception:
I can only examine him in my home court using SC-134 if he lives or works
within 150 miles of the court. Otherwise I have to use the EJ-125 and pick a
court as close to me as possible, but still within 150 miles of his
location. I'm not trying to penalize him; I'm just trying to make it as
convenient for me as possible by minimizing my travel. But since Eric is
paying my attorney's fees since he's in contempt and since my collections
attorney is located in San Diego, Eric gets to travel close to 150 miles to
be examined at a court convenient to my attorney. I use this
map to help me.
Once Wilson is arrested, he can post bond and promise to appear in front of
MY judge in MY local court to explain why he was in contempt. Each time Wilson
is arrested, the amount of bail doubles. And normally, the
judge will let you keep the bail and apply it to your judgment.
However, if he doesn't appear in court after bailing out, he'll be arrested
again, but this time, because he was arrested for a failure to appear as
promised, there will be no bail and he'll sit in jail until his court date.
Instead of an ORAP, you can issue written interrogatories that they have to
answer or be held in contempt:
I can do an ORAP (EJ-125)
every 120 days (or more frequently if I can show good cause like he lied or
moved assets around). I have a registered process server serve it so I can have
Wilson arrested (and collect attorney fees) if he doesn't show. I always include
a subpoena
served at the same time with the ORAP to get as much information as I can. He
should also be instructed to fill out the assets form and bring that with him,
to be safe subpoena all documents needed to fill out the assets form including
all bank account information and copies of current bank statements so you can
verify every account that was used to transfer funds.
Bail amounts are sometimes a fixed amount for failure to appear; other judges
set it based on the judgment amount.
Normally, if they do appear, they don't comply with the subpoena you served
them with with the ORAP. So it's back into the courtroom and the judge orders
them to appear the next day with the documents "...or else." At that point,
there seems to be 100% compliance. I don't know of any case that has "tested the
system" beyond that point.
If the debtor is >150 miles away, you have to file the request and hold the
debtor's exam in the court nearest the debtor. You can have an attorney do the
exam for you, or do it yourself.
If Wilson still doesn't pay, then I go to the judgment court (i.e., my local
court) and have them issue a Writ
of Execution that is directed to the county where the assets I want to seize
are located. I can use that form to seize Wilson's personal assets or I can
direct this at any third party that owes Wilson money. For bank and financial
assets, I have a process server execute the writ (they'll include the EJ-150
Notice of Levy instruction form); for physical possession of an asset, I
send it to Sheriff (the rules for your sheriff will be posted on their website
giving costs and # of copies to provide). The Sheriff can't enter his house, so
if I want to seize anything or everything in his house, I have to get my judge
to sign a seizure order first (see the Nolo book on Collecting Judgments in
California) If I were suing his company, I can also file with the Writ an
Affidavit of Identity including evidence that company A=company B so that I can choose which company
to have the writ issued against. This gives me a lot of flexibility since once I
have a judgment against one of Wilson's companies, I can go after any of the
alter egos without having to go back through the litigation process again.
Alternatively, I can use 982.5(1)
ask my local process server to garnish
Wilson's wages (up to 25% of his income). If his employer doesn't cooperate
or tries to goof, I can go after the employer for the judgment and there are
also criminal penalties available to me (criminal penalties means jail time for
the offender(s)).
If those don't work, I can sell his house (even though he's put it in a
trust), car, etc. If all of these don't work, there are still more ways. You get
the idea. The point is that if you are diligent and he has the money, he pays
you off plus all your costs of collection.
See the instruction sheet (sc130)
for more info. After judgment, either side can have attorneys present (e.g., I
can have an attorney examine him and not show up at all, but he has to appear
personally, but he may bring an attorney).
If none of those techniques work, I call my collections attorney (who is one
of the best in the state) for advice.
Step #10 If the above technique don't work, send your judgment to a collector or
collect yourself
There are a few debt collectors who specialize in collecting from the
people you sued. Using those people increases your chances of collection. Or you can try to
collect on your own (or using your own debt collector).
When you get a judgment, send us an email and we'll provide you with a list of people you can
contact if you want to send it out to a debt collector.
The amazing thing is nobody that I'm aware of has ever really tried
collecting from any of these guys. If you know what you are doing, there is only
one way out which is to sell all your assets and declare bankruptcy. But you get
to do that only once every 7 years. So even if they declare bankruptcy, that's
really good news, since now you can sue them for the rest of your faxes.
That's
why we choose to file a few cases at each time; Roth and/or Wilson may file for
bankruptcy and then you can file the rest of your cases after that, when they
can no longer discharge their debt to you.
We have 10 years to collect your judgment, but we can renew the judgment if
they haven't paid. And we get interest on the interest (10%). You'll probably
get paid within 90 days (the collection agency lumps them).
For the future, we might also consider adding Access Sales case for out of
state plaintiffs since:
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Sue Access Sales, Inc. instead of Wilson because 1) it's easier to sue
them 2) it is much easier to collect against them and 3) it's much easier to
serve them and 4) it's easier to get a judgment against them (no "you have
to sue the company" decisions or "I'm only a shareholder" defenses) 5) they
can be sued from virtually all 50 states in small claims since they do
business in virtually all states.
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streamline the court documents to bring and the argument to make
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provide a declaration for the court on the faxes citing the reasons
these were sent by Access Sales, Inc.
Let's Stop The Fax Spammers In Their
Tracks!
To Report An Unsolicited Junk Fax
Please Fill Out The Form Below
THEN FAX US ALL
OF YOUR SPAM FAXES TO:
(754)
264-0166 AND GET PAID! |
We will investigate your fax spam report
at no charge to you and
we will work to track
down your fax spammer right away.
If we track down your fax spammer, we?ll
contact you ASAP and help you collect CASH MONEY!
Get $500 -
$1500 FOR
EVERY JUNK FAX YOU RECEIVE!!!
CHECK OUT OUR
NEWEST FAX SPAMMER BELOW
WHO IS IN OUR CROSS HAIRS FOR THIS MONTH!
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One of the notorious fax spam
perpetrators is
First Select
Travel In Houston, Texas.
We have been told
that the owners name is Mike.
Check
Out First Select Travel & Mike on RipOff Report.com!
FAX US ALL Your
Junk
FAXES NOW TO OUR FAX NUMBER BELOW:
(754)
264-0166 AND
GET PAID IF
WE TRACK
YOUR FAX SPAMMER DOWN!
Background
Information About Junk Spam Faxes.
The TCPA and Federal Communications
Commission (FCC) rules generally prohibit most
unsolicited junk facsimile (fax spam)
advertisements. The TCPA states that an
advertiser cannot send you unsolicited fax
advertisements unless you have given the
advertiser your prior express consent to receive
fax advertisements or you have an established
business relationship (EBR). Even if the
advertiser has received your prior express
consent or has EBR, they are also required to
allow you to ?opt out? of receiving their
junk fax advertisements. The Junk Fax Prevention
Act of 2005, directed the FCC to amend its rules
adopted pursuant to the TCPA regarding fax
advertising. The FCC?s revised rules:
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Require the
sender of fax advertisements to provide
specific information on the fax that
allows recipients to ?opt-out? of any
future faxes from the sender |
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Specify the circumstances under
which a request to ?opt-out? complies
with the Act. |
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