[Avian2005] Courts Seize Quackbuster Bank Accounts, Property...

[Guest guest]

" Quackbusters " have caused so much damage and harm across the

alternative health scene.. Our own Dr. Walt Stoll, knows exactly

what I am talking about.. Dr. Walt, would you be kind enough to

share your story with us...

 

I am glad to see their reign of terror is at an end.

Misty L. Trepke

http://health.

 

 

Courts Seize " Quackbuster " Bank Accounts, Property... Opinion by

Posted by: " surpriseshan2 " surpriseshan2

bestsurprise2002

Thu Feb 22, 2007 5:43 pm (PST)

Bolen Report ARCHIVES

http://www.bolenreport.net/search.php

 

Courts Seize " Quackbuster " Bank Accounts, Property...

Opinion by Consumer Advocate Tim Bolen

Thursday, February 22nd, 2007

 

A few days ago, Christopher Grell, one of the Plaintiffs, and the

attorney for the Plaintiffs Stephen Barrett and Terry Polevoy ,

filed an emergency Ex Parte Motion with the Alameda, California

Trial Court in the Barrett v. Clark (Rosenthal) case asking for a

Temporary Restraining Order preventing Defendant Rosenthal from

collecting attorney fees awarded to Rosenthal by the Courts. The

Court denied the Motion, and " collection " has begun in earnest.

 

Rosenthal, you will remember, in a six year legal battle, soundly

thrashed the trio all the way to the California Supreme Court.

Rosenthal, the head of the Humantics Foundation, a group pointing

out the dangers of silicone breast implants, had been sued by the

trio in 2000 where they claimed she was some sort of conspirator

supposedly defaming them on the internet. Rosenthal, in her

answer to the suit, filed a Motion to Dismiss the suit against her

claiming that the trio's action constituted a violation of

California's anti-SLAPP law. The Court agreed, dismissing the case

against Rosenthal, and awarded her attorney fees.

 

The Barrett v. Clark (Rosenthal) case garnered international notice

when virtually ALL of the big names on the internet jumped in on

Rosenthal's side, filing " Friend of the Court " Briefs on Rosenthal's

behalf. You can read all about that by clicking on " Quackbusters

CRUSHED by California Supreme Court... "

 

But the really good part of all this, the one that makes me smile

broadly, is that California's anti-SLAPP law, designed for just this

sort of situation, worked just like it was designed. The anti-SLAPP

legislation, whose full title is " anti Strategic Lawsuit Against

Public Participation, " was designed to stop Plaintiffs from filing

scurrilous lawsuits against Defendants just to shut them up on a

public issue, by overpowering them with litigation they cannot

afford. The law provides for the Defendants, by allowing them to

collect their attorney fees from the Plaintiff almost immediately

upon winning a Motion to Dismiss. The trio were able to forestall

that original payment only because they appealed the original

Judge's decision to the California Appeals Court, then to the

California Supreme Court - where they were soundly, and publicly,

horse-whipped.

 

The trio, apparently, aren't willing to acknowledge their debt, nor

their loss. Now, the " collection " process has begun, and the Courts

are allowing a ruthless approach to that collection, " as follows:

Levy on any & all bank deposit accounts held in name or interest of

judgment debtor as well as accounts receivable, lines of credit,

general intangibles, and/or proceeds thereof in which he has an

interest individually or jointly, include contents of any safety

deposit to which he has access; SSN:113-44-9446 "

 

It gets even better - Court documents say:

 

INFORMATION FOR JUDGMENT DEBTOR

 

1. The levying officer is required to take custody of the property

described in item 1 in your possession or under your control.

 

2. You may claim any available exemption for your property. A list

of exemptions is attached. If you wish to claim an exemption for

personal property, you must do so within 10 days after this notice

was delivered to you or 15 days after this notice was mailed to you

by filing a claim of exemption and one copy to levying officer as

provided in section 703.520 of the Code of Civil Procedure. If you

do not claim an exemption, you may lose it and the property is

subject to enforcement of a money judgment. If you wish to seek

the advice of an attorney, you should do so immediately so that a

claim of exemption can be filed on time.

 

3. You are not entitled to claim an exemption for property that is

levied upon under a judgment for sale of property. This property is

described in the writ of sale. You may, however, claim available

exemptions for property levied upon to satisfy damages or costs

remaining unpaid.

 

4. You may obtain the release of your property by paying the amount

of a money judgment with interests and costs remaining unpaid.

 

5. If your property is levied upon under a writ of execution or to

satisfy damages and costs under a writ of possession or sale, the

property may be sold at an execution sale, perhaps at a price

substantially below its a value. Notice of sale will be given to

you. Notice of sale of real property (other than a leasehold estate

with an unexpired term of less than two years) may not be

given until at least 120 days after this notice is served on you.

This grace period is intended to give you an opportunity to settle

with the judgment creditor, to obtain a satisfactory buyer for the

property, or to encourage other potential buyers to attend the

execution sale.

 

6. All sales at an execution sale are final; there is no right of

redemption.

 

 

So, what does this all mean?

 

Does this mean that Ilena Rosenthal will, fairly soon,

have " quackbuster " Barrett and Polevoy " souvenirs " to sell on the

internet? Will Polevoy, Canada's well known " pimple doctor " soon be

relieved of his " pimple cream sample kit " or his box of disguises he

wears when he attends health conventions? Will Stephen Barrett's

basement full of " files " suddenly be on the market?

 

Maybe.

 

Stay tuned...

 

Tim Bolen - Consumer Advocate

 

Copyright 2007 by Bolen Report