Recent Norvergence News PDF Print E-mail
Written by Administrator   
Saturday, 07 May 2005
We haven't posted in a couple of weeks, mainly due to lack of real news in the Norvergence Arena, but also due to the confidentiality of the news we do have (can't post it here, sorry!) We will have a ton of information and hopefully good news after the June sessions, but in the meantime:

As part of a six-page default judgment entered against Norvergence, on April 29th, Judge Brent Gamble of the 270th Texas District Court "ORDERED, ADJUDGED, AND DECREED that all contracts or agreements between NorVergence and Texas consumers, businesses or persons are hereby declared void ab initio and unenforceable. See the PDF file HERE

This sets precedence that may spell relief for many other victims, both in TX and in other states.

Here are some of the highlights:

IT IS ORDERED, ADJUDGED, AND DECREED that Defendant, its
officers, agents, servants, employees, and attorneys, and any other person in active concert or participation with Defendant shall be permanently enjoined from engaging in the following acts or practices:
1. Engaging in any commerce in the State of Texas, including, but not limited to, the business of advertising, offering for sale, selling, and providing telecommunications service and related telecommunications equipment, and charging Texas consumers for, or causing them to be charged for, the same.
2. Assigning any NorVergence equipment rental agreement (or any part thereof)
where a Texas business, consumer, person, or entity is a party thereto, to any other person, entity or finance company.
3. Enforcing, attempting to enforce, collecting or attempting to collect any monies
purportedly owed under any NorVergence equipment rental agreement from any
Texas consumer, business or entity.

This is our favorite part:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all contracts or agreements between NorVergence and Texas consumers, businesses or persons are hereby declared void ab initio and unenforceable.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any consumer financing agreements owned or held in whole or part by NorVergence shall be deemed void and uncollectible by any person or entity.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any NorVergence consumer financing agreements transferred or assigned to any third party after those contracts were rejected in the Bankruptcy Case pursuant to 11 U.S.C. § 365 shall be deemed void and uncollectible by any person or entity.
IT IS ALSO ORDERED that to the extent that NorVergence has a residual,
contingent, or similar right to any consumer financing agreement not currently owned or held by NorVergence, those agreements shall be deemed void and uncollectible as of the time that NorVergence’s residual, contingent, or similar right matures.
IT IS ALSO ORDERED that NorVergence shall notify each consumer affected by this section that their consumer financing agreement has been deemed uncollectible and void, either immediately or in the future, as applicable.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, to the extent not prohibited by bankruptcy law :
1. Defendant shall make payment of all amounts due herein to the Plaintiff by delivery of a cashier’s check or money order to the Office of the Attorney General, Consumer Protection Division, 300 West 15th Street, 9th Floor, William Clements Building, Austin, Texas 78701. Such check or money order shall be made payable to the Office of the Attorney General.
2. All costs of court incurred in this case are taxed against Defendant.
3. Defendant shall pay pre-judgment and post-judgment interest on all monetary awards set forth in this judgment as provided by law.
4. The State of Texas have all writs and processes as may be necessary in the enforcement and collection of this judgment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all relief not expressly granted herein is denied.

One state down, 49 to go. Keep fighting the scam!

Charles Triglianos
Editor & Creator
Fightthescam.com
 
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