Vince Rabago Law fights Effort to Collect Expired Judgment Not Properly Renewed, Discovers Plaintiff No Longer Exists

Vince Rabago Law fights Non-Existent Creditor RJF Financial LLC Over Effort to Collect On Expired Judgment Not Renewed In Superior Court As Required by Arizona law.

Vince Rabago Law has filed motions to quash a garnishment and set aside an old judgment that expired without proper renewal under Arizona law, after discovering that the judgment was not properly renewed under Arizona law and discovering that the Plaintiff creditor RJF Financial LLC has not existed as an entity in Arizona since 2011.

In a recent garnishment proceeding filed by the plaintiff RJF Financial LLC, Pima County Justice Court No. CV07-025255, our office filed a Motion to Quash Garnishment and a Motion to Set Aside a 2008 default judgment that had ballooned from approximately $8,000 back in 2008 to approximately $18,000 in 2017, and was the subject of recent garnishment filings by this alleged creditor.  According to the original lawsuit, the debt was obtained by RJF Financial LLC from CitiFinancial.  RJF Financial LLC then commenced a collection lawsuit in late 2007 and obtained a default judgment in 2008.

Upon investigation by Vince Rabago Law Office, it was discovered that the 2008 Justice Court judgment had not been docketed or renewed by affidavit in the Pima County Superior Court within 90 days of the 5 year expiration date. Arizona state court judgments expire after 5 years unless an affidavit of renewal is filed within 90 days before the 5 year expiration date, and require that the judgment be entered and docketed in Superior Court.  Instead, an affidavit purporting to renew the 2008 judgment was filed in Justice Court, along with an order signed by a now-retired Justice of the Peace purporting to find that the judgment was timely renewed.

In addition, further investigation determined that the alleged creditor RJF Financial LLC had been a registered LLC in Arizona but had dissolved and filed Articles of Termination with the Arizona Corporation Commission in January 2011, which, under Arizona law, requires the entity to certify that they have collected and disposed of all assets.

Accordingly, Vince Rabago Law Office filed a Motion to Set Aside Judgment and a Motion to Quash Garnishment on the basis that any judgment had expired without proper or effective renewal of judgment in Pima County Superior Court in 2013, and also that RJF Financial LLC had no standing to pursue any collection or maintain an action in Arizona courts because it no longer existed as a separate legal entity since it had terminated its existence in 2011, and that under Arizona law, the entity no longer exists under Arizona law and is not entitled to engage in its former debt enforcement business or collection efforts on old judgments obtained before the company terminated.

If you are being pursued for debt or for an old judgment or need assistance fighting against a creditor or collection case, contact Vince Rabago Law Office for a legal consultation.  (520) 955-9038.

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Judge finds racism behind the Arizona Legislature’s ban on Mexican American Studies Program in Tucson

In a long-awaited decision, a federal Judge ruled today that the Arizona Legislature’s ban on Tucson Unified School District’s Mexican-American Studies program violated the students’ First & Fourteenth Amendment rights under the U.S. Constitution, because it was enacted and enforced with racial discrimination towards Mexican Americans.

The detailed 42-page Memorandum Decision from Senior U.S. Circuit Court Judge A. Wallace Tashima, sitting by designation, followed a two week trial held in June and July of 2017. The Judge heard extensive testimony from many witnesses, including experts, and received numerous exhibits.

The Court found that former Schools Superintendent John Huppenthal’s anonymous blog comments (published under a pseudonym) with racially disparaging language and conveying racial animus, provided the most important “direct” evidence that racial animus infected the decision to enact the law, as Huppenthal was a key player in voting for it and efforts to get it passed. The judge noted that even former Arizona Attorney General Tom Horne described the blog statements as “shocking” and hate speech.

Among other things, the Court cited testimony, evidence of negative mischaracterizations of the MAS program by elected officials, such as Huppenthal and Horne, that had little to no basis in fact.

The Court examined and relied on the historical background of discrimination against Mexican Americans in Arizona, and that the sequence of events departed from normal procedures or substantive conclusions, legislative history of the bill, and use of “code words” to refer to Mexican-American people in a derogatory way, among other evidence carefully detained in the judge’s Memorandum Decision.

Significantly, in relation to enforcement of the law, the Court also cited a wealth of evidence to reach his conclusion that former AG Tom Horne and former Schools Superintendent Huppenthal did not testify credibly about their own motivations.

The Court held that “The passage and enforcement of the law against the MAS [Mexican American Studies] Program were motivated by anti-Mexican-American attitudes.”

Although not involved in the current litigation and result, Vince Rabago Law Office was proud to have previously filed an Amicus “Friend of the Court” Brief in this case, during an earlier summary judgment phase of the case in 2012, in which these legal arguments were presented. Our office represented the National Association of Chicana/o Scholars (NACCS), and 26 other national civil and human rights groups and scholarly associations, such as the League of United Latin American Citizens (LULAC), a national 501(c)(3) organization, the Association for Asian American Studies (AAAS), Hispanic Association of Colleges and Universities (HACU); the National Latino/a Education Research and Policy Project; the Mexican American Studies Department of San Jose State University; Chicano Studies Department of California State University-Northridge; American Studies Association (ASA); the Society for Applied Anthropology (SfAA), and many others.

Here is the link to the Court’s Memorandum Decision finding against the State of Arizona.  MAS case – Memorandum Decision – finding against State of AZ- FILED 8-22-2017

Here is a link to the Judgment entered by the Court.  Judgment – FILED 8-22-2017

The issues of what remedy will be imposed will be decided in a later ruling by the Court.

The lawsuit was initially filed back in 2010, and has already made one trip up to the Ninth Circuit Court of Appeals, which sent the case back for a trial on these issues.

U.S. District Court in Tucson, Arizona.  (C) Image Copyrighted 2017.

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Vince Rabago elected to Executive Council of State Bar of Ariz. Real Property Section and as Legislative Policy Liaison.

Vince Rabago Law is proud to announce that Vince Rabago was elected to the Executive Council of the State Bar of Arizona Real Property Section, and also elected as Legislative Policy Liaison.

Vince has been elected to a three-year term on the Executive Council. He was also elected as the Legislative Policy Liaison for the Executive Council.

The Real Property Section participates in and comments on improvements and reforms in real property and related legislation and regulation, title and recording practices and standards and other matters of interest to attorneys involved in real estate matters in Arizona.

“I am looking forward to working with the Council to advance the objectives of the State Bar on matters of legal significance related to real property and of importance to the community in Arizona,” said Rabago.

This year’s annual planning retreat for the Executive Council is being held at the Gainey Ranch Hyatt Regency in Scottsdale, Arizona.

We handle individual, consumer, business and regulatory matters, including advice, regulatory agency matters, litigation and appeals in state and federal court.

Licensed in Arizona, California, and admitted to practice in state and federal court, including the Ninth Circuit and the U.S. Supreme Court.

Contact Vince Rabago Law at: (520) 955-9038.
www.VinceRabagoLaw.com

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Vince Rabago Law on Univision News

Patrulla Fronteriza –   Vince Rabago Law – Univision Noticiero  8-6-2015

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¿Pensando en Bancarrota? Consulta gratis.

¿Demasiada deuda? ¿Pensando en Bancarrota? Llame a la oficina legal de Vince Rabago Law, donde los Abogados hablan Español. Consulta gratis. 520-955-9038.

Aceptando casos en todo el estado de Arizona.  Llame hoy.  Hablamos Español.

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Crushing debt? Need bankruptcy? We can help. 520-955-9038

Crushing debt? Need bankruptcy now? We can help. 520-955-9038

Debts? Call Vince Rabago Law for a free bankruptcy consultation. 520-955-9038

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Wells Fargo Fined $185 Million After Employees Opened 2 Million Unauthorized Phony Accounts.

Wells Fargo Bank was fined $185 million after Wells Fargo employees secretly opened TWO MILLION unauthorized Accounts.

Roughly 5,300 Wells Fargo employees were fired for setting up more than 2 million phony accounts.

This is shocking and outrageous conduct.

The Los Angeles Times article about the secretly created phony Wells Fargo accounts can be found here.

The Consumer Financial Protection Bureau consent order against Wells Fargo is available here: 092016_cfpb_wfbconsentorder.

If you are victim of bank fraud or other consumer fraud, give our office a call at 520-955-9038.

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Vince Rabago Law files US Supreme Court case against Wells Fargo over alleged wrongful foreclosure.

Happy Leap Year  from Vince Rabago Law!  2016 is off to an exciting start as we await news on whether the U.S. Supreme Court will hear a case filed by Vince in Anne Mercy Kakarala v. Wells Fargo Bank N.A.

United States Supreme Court

United States Supreme Court

Vince Rabago Law is fighting for justice for Anne Mercy Kakarala, a U.S. citizen originally from India, whose lawsuit alleges that Wells Fargo unlawfully foreclosed on her home, leaving her without a home, and eventually losing her small Indian restaurant. This lengthy legal battle began in 2009, and the current legal fight presented to the Supreme Court is over whether the bank could appeal a federal court’s order allowing Ms. Kakarala to have her case heard by an Arizona jury in state court.

You can read the Petition for Writ of Certiorari here, the bank’s Brief in Opposition here, and our Reply here.

Remember, if you are facing potential foreclosure, see an attorney immediately.  If you want to try to save your home, do not wait until after the foreclosure sale.

If you or a family member or friend need legal help, contact Vince Rabago Law today for a consultation at (520) 955-9038.

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Privacy rights. Do not carelessly throw away your boarding pass.

Airline travel and privacy rights? Why you should never just throw away your boarding pass.  The boarding pass contains codes and personal information which a hacker can use to get YOUR personal information.

Check out this story by USA Today. https://www.youtube.com/watch?v=T64BVNkzFtQ

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If you have questions about your rights or a legal issue, call Vince Rabago Law Office, PLC at (520)955-9038.

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New Bankruptcy Case forms required for 2016

Are you considering filing for bankruptcy to wipe out your debts?  Vince Rabago Law Office PLC is a Tucson bankruptcy attorney that can help you wipe out your debts.

Vince Rabago has a 100 percent success rate in obtaining bankruptcy discharges in Chapter 7 bankruptcy cases.

Did you know that the Bankruptcy case filing forms have changed?  As of December 1, 2015, all of the forms have been changed nationwide for filing bankruptcy cases.

If you have debt problems, bankruptcy may be the solution you need.

Make sure you go with a qualified Tucson bankruptcy attorney who will personally work on your case and give you the attention you deserve.

Call Vince Rabago Law Office to speak with a qualified Arizona bankruptcy attorney, who can give you the bankruptcy advice that you need to wipe out credit card debts, debts from many collection judgments, and sometimes even some tax debts, depending on the circumstances.

Call Tucson attorney Vince Rabago.  Vince Rabago is an Arizona bankruptcy attorney who handles cases all over Arizona.

Vince Rabago Law Office PLC is a Debt Relief Agency, and helps people file for bankruptcy, under federal bankruptcy laws.

 

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