Saturday, July 14, 2012

Tennessee Unemployment Law

Have you recently applied for through the Tennessee Department of Labor and Workforce Development and received an Agency Decision stating you were ineligible?  If so, call at Barnette Law Offices.

You have a right to appeal the Agency Decision to the Appeals Tribunal.  It matters not if you have been alleged to have committed work related misconduct or to have voluntarily resigned.  You need a Tennessee unemployment law attorney like to explain to the hearing officer what is and what is not work related misconduct and to apply T.C.A. 50-7-303(a)(2)(A) to the facts of your case.  If the issue is voluntary resignation, you need an like Jason Barnette to help you show that you had compelling and necessitious reasons to leave your most recent work and that you exhausted all reasonable alternative before so leaving.

If you’ve been denied benefits through the Department of Labor, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com

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Friday, July 13, 2012

LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at http://www.tncourts.gov/sites/default/files/lvnvfunding_opn.pdf

When defending , we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued ?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact at Barnette Law Offices.  We can be reached at 615-585-2245 and .

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Tuesday, June 26, 2012

Debt Purchasers–If You’ve Been Sued Call Us!

Have you been sued in a General Sessions Court in Tennessee?  Is the Plaintiff a debt purchaser?  If so, call at 615-585-2245 or email us at info@barnettelawoffices.com.

Debt purchasers go by many names – Portfolio Recovery Associates, Midland Funding, Asset Acceptance, CACH, LLC, LVNV, Gault Financial – but there are many.  Essentially, they all have the same business model.  Buy old credit card debts – or any debt really – for cents on the dollar and sue you for it.  However, you have options and will fully explain those to you during  a free consultation.

Debt purchasers – regardless of their name – must show a chain of title in order to prove up their claim.  This is often difficult for them.  Moreover, they typically must authenticate said chain of title through witness testimony.  Some may argue that their affidavits are not hearsay and rather, “business records” but do businesses; i.e., make affidavits for all the accounts they have?  Of course, no they don’t because such documents are prepared for litigation alone.

Furthermore, debt purchasers are subject to the .  Chances are, the debt purchaser that is now suing you has violated one of the Acts cited above.  Indeed, they may not even be lawfully permitted to sue you in Tennessee.

If you’ve been sued by a debt purchaser, call us at 615-585-2245 or email us at info@barnettelawoffices.com.  We can help.

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