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Sunday, November 23, 2014

4 pages that a lawyer won't tell you about!!





Friday, November 21, 2014

SPECIAL ANNOUNCEMENT

Editor's Note:  The battle goes on with the illegal actions of the Pocahontas County Solid Waste Authority.  Some litigants are fighting back with the following letter.  You might want to use this letter as a guide in your personal battle.

You also may contact the website:  http://crier88.blogspot.com

NAME
ADDRESS
PHONE


Date:

To:   Law Offices of David A. Sims
          P.O. Box 5349
          Vienna, West Virginia 26103

Re:   Pocahontas County Solid Waste Authority v. Sheets, et al.
          Civil Action No. 07-C-30


TO WHOM IT MAY CONCERN:

Kindly take note that pursuant to the federal Fair Debt Collections Practices Act, (FDCPA), 15 U.S.C. § 1601, et seq., and its corresponding West Virginia Consumer Credit & Protections Act, § 46A-6-101, et seq., that I am timely filing proper notice to you that I dispute ALL, or any unverified part or portion, of the alleged debt in your letter claiming to be ‘an attempt to collect a debt’, dated 11 November 2014, and received on or about 21 November 2014.  As a direct and proximate result, I am demanding a verified accounting from you within the next thirty (30) days, pursuant to the requirements of the Fair Debt Collections Practices Act, (FDCPA), 15 U.S.C. § 1601, et seq., and its corresponding West Virginia Consumer Credit & Protections Act, § 46A-6-101, et seq., for the following documentation & verification…

KINDLY PROVIDE:

1.      A dated & verified copy of any & all mutual agreements or signed contracts for any and all services provided by your client between your client and the lawful occupants of said premises;

2.     All verifiable documentation that your client has proper jurisdiction to demand any kind of payment for services never rendered nor used;

3.     A verifiable accounting of all times the lawful occupants of said premises actually used the services of your client compared to their respective state statutory compliance in an otherwise lawful manner in lieu of local services not provided by your client;

4.     All dated and verified copies of any documents proving that both you or your client has the approval of the Office of the Attorney General of West Virginia to enforce any legal action or activities against the lawful occupants of said premises;

5.     All dated and verified copies of all public notices that your client has provided the required statutory exemptions for those that recycle, compost, use the ‘free day’, or dispose of solid waste in an otherwise lawful manner;

6.     All dated and verified copies of all public notices that your client has provided the required statutory exemptions and/or reductions afforded to persons of low-income and on a fixed-income;

7.     All dated and verified copies of any documents alleging or proving that the lawful occupants of said premises did not in any way improperly dispose of any solid waste;

8.    All dated and verified copies of any documents proving either you or your client has the statutory jurisdiction and authority to engage in any kind of collections activities;

9.     All dated and verified copies of any documents showing that your client contacted the state Department of Environmental Protection (WVDEP) in any sort of complaint that the lawful occupants of said premises were in some manner not in compliance with the laws of West Virginia in the proper disposal of solid waste;

10.All dated and verified copies of any documents showing that the state Department of Environmental Protection (WVDEP) ever prosecuted or found the lawful occupants of said premises guilty of violating any of the laws of West Virginia in the proper disposal of solid waste;

11.       All dated and verified copies of any documents showing that the state Department of Environmental Protection (WVDEP), upon a conviction of the lawful occupants of said premises, turned a collections matter over to the state Public Service Commission (PSC) for collection of any fees, statutory fines or pre or post-judgment interest;

12.      All dated and verified copies of any documents showing that either you or your client ever engaged in the required statutory administrative process against the lawful occupants of said premises prior to entering a collections action in the Eleventh Circuit Court of West Virginia;

13.      All dated and verified copies of any documents showing the statutory jurisdiction and authority for your client to determine and/or set forth a ‘fixed-flat-assessment-fee’, per-household, regardless of usage, while permitting commercial enterprises to dispose of solid waste via usage, weight & volume;

14.       All dated and verified copies of any documents showing the statutory jurisdiction and authority that your client is allowed to establish an alleged ‘fixed-flat-assessment-fee’, per-household, regardless of usage, while all other regional and county solid waste authorities within West Virginia establish a statutory fee via usage, weight & volume;

15.       All dated and verified copies of any documents showing the statutory jurisdiction and authority for either you or your client to determine any pre or post-judgment interest as claimed in your letter alleging an attempt to collect a debt;

16.        All dated and verified copies of any documents showing the statutory compliance of your client to establish a comprehensive recycling program whereby the lawful occupants of said premises can sell their recyclable items locally instead of having to do so in an adjacent county;

17.       Knowing that the statutory laws exempts persons of low-income and on a fixed-income, kindly provide all dated and verified copies of the criteria used by your client to exempt and/or reduce all fees charged by your client to accommodate all persons of low-income and fixed-income; and,

18.    All dated and verified copies of any documents showing the application process used by your client to satisfy the statutory laws that exempt persons of low-income and on a fixed-income accordingly.


THIS LETTER IS AN ATTEMPT TO VERIFY AN ALLEGED DEBT AND ESTABLISH THAT NO DEBT EXISTS BETWEEN YOUR CLIENT AND THE LAWFUL OCCUPANTS AND EQUITY-OWNERS OF SAID PREMISES SINCE YOUR CLIENT RENDERS NO SERVICES THAT THE LAWFUL OCCUPANTS AND EQUITY-OWNERS OF SAID PREMISES REQUIRE LOCALLY, SINCE AS A LAWFUL ALTERNATIVE THEY GET PAID FOR ALL RECYCLABLES IN AN ADJACENT COUNTY PURSUANT TO THE FAILURE OF THIS COUNTY TO HAVE ANY SORT OF EFFICIENT COMPREHENSIVE RECYLING OR SOURCE SEPARATION PROGRAM.


Respectfully yours,


_______________________
NAME

Occupant and/or Owner

About Me

A local archivist who specializes in all things Pocahontas County