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   PENSACOLA NEWS JOURNAL                   

 

 

Published - January, 3, 2006 
Device aids bankruptcy filers

Ken Jursinski holds a phone device he helped invent.
 BenTwingley@PensacolaNews Journal.com

A Pensacola man who spent 20 years practicing law is the co-inventor of a device to redirect collection calls from people who file for bankruptcy.

Kenneth Jursinski helped invent a device that allows debtors to transfer creditors to an automated voice message containing legal information the creditor needs.

"The driving force to file bankruptcy is not a lack of money," Jursinski said.

"It's the constant and often harassing demands for money."

Federal law prohibits collectors from calling debtors once an attorney is retained, but collectors don't immediately know that has occurred so the calls often continue, Jursinski said.

That's where the Debtor Activated Attorney Notification system, DAAN, is designed to help.

In less than 30 seconds, the transmitter module automatically informs the caller of the attorney's representation and contact information and politely advises the caller not to call back under penalty of law.

It also captures the date and time of notification and sends the information to the attorney.

Any further phone calls from the same creditor could result in the debtor being awarded $1,000 in damages, Jursinski said.

Creditors also are directed to an automated system in which they can get legal information, such as the date the case was filed and the case number.

The product is only available for lease by lawyers and debt-management professionals, who can lend the device to debtors.

Eric Sparks, an attorney in Tucson, Ariz., whose office handles about 75 to 100 bankruptcy cases per month, said he has received positive responses from clients who have tried out the product.

"Most of them reported a dramatic drop in phone calls in the first week," Sparks said.

"And they have been very satisfied with that."

More than 2 million bankruptcy cases were filed last year, some 500,000 of those within two weeks of a more stringent bankruptcy law that went into effect on Oct. 17.

In 2004, 14,137 consumers complained to the Federal Trade Commission that collectors harassed them by calling repeatedly.

 

New Hope for Debtors Despite Harsher Bankruptcy Laws

 12/26/05 Pensacola, FL. - The new bankruptcy laws make it harder to get relief from insurmountable debt, as was evidenced by the historic number of consumers who rushed to file bankruptcy prior to the new law taking effect last October 17th. But as the saying goes, “every cloud has a silver lining” and technology has now arrived to give debtors relief neverbefore available. Nasty collectors beware; you could find yourself paying damages instead of collecting overdue accounts, much to the delight of debtors. “The driving force to file bankruptcy is not a lack of money; it’s the constant and often harassing demands for money one doesn’t have nor will have in the foreseeable future”, says Ken Jursinski, a co-inventor of DAAN and former attorney of 20+ years. DAAN, an acronym for Debtor Activated Attorney Notification system, immediately ends all collection calls once a debtor has hired an attorney or debt resolution company to address the issue of overwhelming debt. Historically, debtors discovered that hiring an attorney does not end the collection calls, much to their dismay. “Although federal law prohibits collectors from calling once an attorney is retained, it is cost prohibitive for lawyers to immediately notify creditors, leaving that responsibility up to the debtor and ultimately, the court, which could take weeks or even months”, Jursinski adds. However, informing irate collectors you’ve hired a lawyer is not only difficult, it is like throwing salt in a wound. But now, lawyers can issue their clients a DAAN patented, transmitter module that quickly plugs into the client’s home phone jack and takes care of the notice for debtors.

When a collector calls, the client simply presses the star key on whatever phone they’ve answered, even cordless, and hangs up. The DAAN module takes over and discreetly, politely and automatically informs the caller of the attorney’s representation and contact info; it then advises the caller not to call back under penalty of law and more, all in less than 30 seconds and without the debtor even remaining on the line. DAAN then terminates the call but goes one step further; it also captures the date and time of notification, making it available to the representing attorney, so any further phone calls to the client from that collector could result in the client being awarded up to $1,000 in damages and attorney’s fees for the infraction, a welcomed outcome by those who really need cash and are not adverse to a little “payback”. “Consumers who have taken the legal steps to address their debt shouldn’t have to deal with collectors until the courts snail-mail notice to creditors”, says Tom Adkins, a telecommunications executive and co-inventor of DAAN. “Bankruptcy promises a ‘fresh start’ and DAAN provides that and more the instant a person retains an attorney”, he adds. DAAN is already garnering accolades from consumers. “One attorney told me her client kissed her hand while tearfully thanking her [the attorney] for DAAN”, says Jursinski. “DAAN is like taking your attorney home with you 24/7 to deal with collectors; I’m simply delighted we are able to provide a positive solution for people in such a negative situation”, he adds. Jursinski also reports that many lawyers include DAAN as part of their services, while others charge a small fee.

With a record-setting 1.7 million bankruptcies filed in fiscal 2005 and tens of thousands of complaints about collection practices being made to the Federal Trade Commission annually, DAAN is sure to find acceptance amongst those seeking immediate relief from overwhelming collection calls. And while DAAN doesn’t erase the debt, it does make sure that represented debtors will no longer have to worry about who is calling. DAAN is available nationwide, but only through licensed attorneys and debt relief agents.

 

 

 

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