| lamet 2010-01-26 16:29:37 Unknown |
BRACHFIELD IS A SCAM SHE CLAIMS TO BE AN ATTORNEY IN EVERY STATE AND SHE IS NOT! HER FATHER LOST HIS LAW LICENSE HIMSELF!
http://www.budhibbs.com/collectorpages/meridian.htm
Meridian Management Solutions
aka/Erica Lynn Brachfeld & Associates, P.C.
dba/ California Meridian Management Solutions
aka/The Minority Legal Network
THE BRACHFELD & ASSOCIATES
SCAM CONTINUES?opens in new page
Brachfeld & Associates are licensed to practice law in the State of California. NOT in the State of Texas! NONE of her organizations, collecting debts in Texas are licensed or bonded, a violation of Texas law. Their collectors are calling Texas residents threatening legal actions by attorney Brachfeld. This is a CONSUMER SCAM! If you are contacted by any of the organizations listed above, contact us for assistance and referral to attorneys who can deal with them. Do NOT believe what they tell you, they are lying.
SHUBINCollect America (CACH,CACV Franchisee)
20300 S. Vermont Ave.,
Suite 120
Torrance, CA 90502-1338
P.O. Box 11029
Carson, CA 90749
Phone: 888-459-0999
310-273-7867
Fax: 310-273-9867 800 W. Sam Houston Pkwy S.
#200
Houston, TX 77042
Phone: 866-834-6218
866-354-3556
866-834-3556
866-917-1298
713-579-7000
Web Address: www.brachfeldcollections.com
Head Debt Collector:
Erica Lynn Brachfeld
aka Erica Lynn Shubin
CA Attorney at Law, Bar#180683
NOT a Lawyer in Texas
Picture Courtesy Google Images
Erica Lynn Brachfeld Shubin
Malibu/Torrance CA
--------------------------------------------------------------------------------
Bud Says Consumer Comments Below
CONSUMER ALERT!
THE BRACHFELD LAW OFFICE SCAM
We receive a number of calls regarding Brachfeld law offices operating out of Torrance, CA, Houston, TX and their newest in Ohio. Here is what you need to know about Brachfeld:
Erica Lynn Brachfeld-Shubin, 40, of Malibu, CA, is licensed to practice law in CA only. Her Torrance, CA office, run by her father, Martin S. ?Marty? Brachfeld, 68, is a former disbarred CA lawyer, for stealing money from a client. Marty is certainly qualified to operate a collection agency that rips off the American consumer.
Marty runs the operations described as a large room crammed with cubicles -- about twenty all total. At the end of the room is a white board on which a supervisor post the names and numbers (dollar totals) of the collectors who are performing best that day. So, the collectors are under pressure from each other -- and Erica and her Dad -- to really hammer the people they call. It is utterly barbaric.
They hired a young (smart & talented) attorney in Houston so they can legally claim that they operate as a law office in Texas. The attorney has never litigated a debt collection case, as he has no background or experience in debt collection law. This fraud upon consumers, perpetrated by Marty, the thief and former attorney, along with Erica, with the appearance of being purposely designed to threaten, harass, intimidate, and then litigate claims against consumers based on accounts where they have little or no valid proof. Try disputing a Brachfeld claim; see what they (do not) send you.
Consumers, be forewarned of this fraud and take actions to neutralize the Brachfelds and their lying debt collectors. In the majority of cases it is widely held, that retaining a consumer law professional on any Brachfeld case, could result in a dismissal of their claim. ?Why? Because Marty lies and you should never trust a liar. Marty is an accomplished scam artists with lots of experience.
Does Marty teach his debt collectors to lie, threaten, harass and intimidate consumers just to line his pockets? Does anybody really believe that Brachfeld is really a law office, or merely a tool for Marty and Erica to lies and steal more money from unsuspecting consumers? I doubt that Erica has the capacity to litigate a collection case, Marty is a has been in the law profession and their Texas attorney is nothing more than a rent-a-lawyer, to skirt the law.
The cost of retaining an attorney may be only a fraction of what a lawsuit and potential judgment could cost you, including the possibility of wage garnishment, liens against property and seizure of bank accounts. Why would anyone want to give up money to a criminal organization such as Brachfeld when it could be much easier to defeat them. Marty and Erica have written many checks to consumer attorneys for their illegal debt collection practices, a consumer law professional can assess your situation and advise you, based on your dealings with them.
Marty Brachfeld is a criminal, using the system to enrich himself and help pay for Erica?s $2 million Malibu home. Why would anyone send these creeps a dime?
If you need assistance dealing with the Brachfeld?s scam, contact us for assistance and referral to consumer law attorneys who can assist you.
CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email the details w/your location. Assistance and referral to a consumer legal specialist may be available
THE BRACHFELD & ASSOCIATES SCAM CONTINUES?
March 2009 ? Bud Hibbs © Consumer Justice ?Voice of the American Consumer
California debt collection attorney Erica Lynn Brachfeld-Shubin continues to represent to consumers that she is a Texas attorney, when she is not. Erica is still sending out letters asking for money under the name of:
Law Offices of Brachfeld & Associates
800 West Sam Houston Parkway South
Suite #200
Houston, TX, 77042
The State Bar of Texas has no listing for an attorney named Erica Brachfeld:
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The Online Membership Directory provides basic information about Attorneys licensed to practice in Texas. Attorney profile information is provided as a public service by the State Bar of Texas as outlined in Section 81.115 of the Texas Government Code. The information contained herein is provided "as is" with no warranty of any kind, express or implied. Neither the State Bar of Texas, nor its Board of Directors, nor any employee thereof may be held responsible for the accuracy of the data. Much of the information has been provided by the attorney and is required to be reviewed and updated by the attorney annually. Texas grievance/disciplinary information will not appear on the profile until a final determination is reached. Access to this site is authorized for public use only. Any unauthorized use of this system is subject to both civil and criminal penalties. This does not constitute a certified lawyer referral service.
Or the business name they use
Business Name Law Office of Brachfeld & Associates was not found.
You may also call the Business Information Line at 1-800-252-1386.
Should you require assistance concerning the taxable entity information presented,
please contact tax.help@cpa.state.tx.us.
Erica Lynn Brachfeld-Shubin has been lying to and misrepresenting debts to consumers for what appears to be several years. A closer look into her background may reveal where she learned how to lie, mislead and apparently, taking is money that she is not entitled.
It seems that Erica?s father was an attorney until he got caught stealing money from a client. and was ordered by the Bar to take the professional responsibility exam -- and he took it, but he COULD NOT PASS, so they stripped him of his license until he passes. I am not making this up; he could not pass the professional responsibility exam. Now he runs his daughter's debt collection firm. Who better to teach collectors how to steal than a former thief.
California Bar Journal Discipline Summaries
Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are available upon request.
September 15, 2002
MARTIN STEVEN BRACHFELD, 64, #8154, of Westlake Village was suspended for three months, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Sept. 19, 2002.
Brachfeld's law firm obtained a judgment of $300,000 against a mortgage account holder on behalf of a bank. The bank agreed that if the account holder paid $1,000 a month, or if he paid $150,000, the bank would file a satisfaction of judgment.
Brachfeld collected the payments and gave the bank nearly $19,000 over a two-year period. However, without the bank's approval, he then agreed to settle the account for $32,000. Without informing the bank, he filed papers with the court to satisfy the judgment.
He stipulated that he did not keep his client informed of significant developments in its case.
In mitigation, Brachfeld has no prior record of discipline and he cooperated with the bar's investigation. Three months prior to the misconduct, he completed a year and a half of rehabilitation from a near fatal automobile accident, which left him in a coma for two weeks. He fractured his skull and broke his spine, pelvis and both legs. Brachfeld lived in a rehabilitation facility during his recovery.
A recent visitor to their office stated: ?There is a large room crammed with cubicles -- about twenty all total. At the end of the room is a white board on which a supervisor post the names and numbers (dollar totals) of the collectors who are performing best that day. Therefore, the collectors are under pressure from each other -- and Erica and her Dad -- to really hammer the people they call. It's utterly barbaric.?
Still with Collect America
It appears that Erica and Marty Brachfeld still hold a Collect America franchise (Aka/CACH/CACV) but will file lawsuits for almost anyone willing to write them a check, such as Arrow Financial. They face many lawsuits for allowing their employees to pose as attorneys, District Attorney?s, Attorney?s General and other law enforcement. In viewing all the garbage that comes out of this debt collection dumpster it appears to be just a matter of time until both Erica and her father start dealing with criminal charges, rather than civil one?s. They appear to be a crime wave that will surely end in possible jail times for their blatant disregard of the law and consumer rights.
Erica and her spouse live in Malibu where he is an architect. Having viewed his website I wondered if he was aware of the depth of illegal activities perpetrated by his wife and father-in-law. There is the potential that she too could lose her law license as well as face financial ruin from the mounting lawsuits filed against her organization. It is important that consumers report their illegal activities to the CA & TX State Bars as well as the Federal Trade Commission for possible actions. It is always in your best interest to tape Brachfeld collector calls (where legal) to aide in bring charges or lawsuits against those employees who break the law.
Erica & Marty Brachfeld has little or no idea of the events and circumstances contained in the lawsuits that they file. They are a paper mill that produces bogus documents as fast as can be printed. It is a known fact that hiring an attorney and fighting them will cost a fraction of what they will get in a lawsuit. Do NOT allow them to obtain a default judgment, respond to their suits, challenge every single claim they make. Record their collector?s calls, especially those posing as lawyers. Texas residents should file ethics complaints with the State Bar of Texas. It appears they are practicing law here without a license.
http://www.texasbar.com/Template.cfm?Section= ... &ContentID=3837
Scamming the American Consumer
There is no other way to describe Erica Lynn Brachfeld-Shubin and Martin S. Brachfeld (former disbarred and disgraced attorney) along with their bottom feeder, junk debt collection agencies; Brachfeld & Associates, Meridian Management and Minority Legal Management than a massive scam of the American Consumer. It is my opinion, based on the hundreds of emails I have received, court cases filed and negative information about these organizations that no one should be paying them anything. It may be in consumers?s best interest to make them prove every claim they make in court filings including the bogus affidavits filed with purchased debt claims. The lawyers they use usually have little or no knowledge of what they are actually filing and most may not want to get involved in protracted litigation. Everyone should be aware that Brachfeld is a junk debt collector/buyer with no knowledge of your accounts except what she reads off a computer screen after purchasing charged off debts. Desperate collectors base her entire operations on bogus filing, lies, and perjured documents and threats. No one should be paying on this fraud. Let us bring Erica and Marty Brachfeld to justice, hold them accountable for their actions. America is tired of being ripped-off by these con artists; Marty is proof that once a thief, always a thief. Erica is NOT a lawyer in Texas. C?mon America, stop paying, start suing and filing complaints with the state bars, the attorney general and FTC. Let?s get rid of this trash and put them in a cell where they belong.
If you need a referral to a consumer attorney, contact us: cap@budhibbs.com
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009