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Sobe420

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  1. what would that do searching how many judgements, I do not even know who the attorney is, they are just threatening me with the legal department. I cannot block it because it comes up unknown caller
  2. Sorry so many replies, but what would be reasonable time from them threatening me with the legal department. What I find odd about the entire situation, I found a letter from some law office sent to me in September 17, 2010, now all of a sudden NCO has it?
  3. So in order to have a DV, do I just DV and NCO address??
  4. I know you want proof in writing in case it goes to court, but since I do not know which NCO to DV, should I just let Ms. Ruby Martin know that I have saved her messages and if she does not cease with the phone calls I will file suit?
  5. The problem with the cell is, they were calling me at work and everytime I answered my boss was sitting there and in order to stop it I told them to call the number, but now they call every day at least three times a day and I have the messages saved on the phone with the..." if you do not call me by x time it will be turned over to the legal department and you can deal with them in court."
  6. So, I have had numerous of phone calls at work from someone named "Ruby Martin" from NCO, trying to collect on a debt from Dell, problem is I have never recieved anything in the mail from them about this account. I did recieve a letter from a law firm back in September of this year for it, but then now I have NCO calling me. Every day they call they tell me I have by a certain time to settle with them or its going to the law department and I can deal with them in court in front of a judge. I have actual voice mails saved on my cell phone, as now they stopped calling me at work and call my cell phone. I know I need to DV them, but I do not know where or who to send it, since they have failed to communicate with me in writting and would not even know what account number to put on the DV....please help.
  7. I am going to try to make a long complicated story short and to the point. I need some help and direction in this. I live in the State of Florida. So in 2008 some junk debt collector attorney tried to file a small claims law-suit on a credit card that was out of SOL. I was never served, then in May of 2009 I was served with the paperwork. I went to the court date sat down in the courtroom and some guy in a suit came over asked to see my papers, brought me over to the table...I told them that the credit card was out of SOL and I was not going to pay...long story short they ended up scaring me into a 20.00 a month payment. I got one letter from the junk/debt collector attorney asking to pay the 20.00 a month. I did not pay it, then never heard from them....thought they went out of business. On June 12, 2010 I get a letter from the douche bag saying they were moving for a summary judgement because I have not paid in over a year...yet never was sent anything before that. Today June 18,2010 I get another letter saying that final judgment was entered on June 16,2010 and now they want my entire financial history. Is there anything I can do? Can I fight this? I do not think they deserve one penny!! This may be long but I found some rules for civil procedures and wonder if they did not follow. RULE 1.080 SERVICE OF PLEADINGS AND PAPERS (a) Service; When Required. Unless the court otherwise orders, every pleading subsequent to the initial pleading and every other paper filed in the action, except applications for witness subpoena, shall be served on each party. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them shall be served in the manner provided for service of summons. ( Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy or mailing it to the attorney or the party at the last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall be complete upon: (1) handing it to the attorney or to the party, (2) leaving it at the attorney's or party's office with a clerk or other person in charge thereof, (3) if there is no one in charge, leaving it in a conspicuous place therein, (4) if the office is closed or the person to be served has no office, leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (5) transmitting it by facsimile to the attorney's or party's office with a cover sheet containing the sender's name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. Service by delivery after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.
  8. So, a year ago I was served with papers to go to court about a credit card that was past the statute of limitations. I had my argument ready, never went in front of the judge because the douche lawyer threw a few scare taticts out and I signed a settlement agreement to pay so much a month. Never heard from the collection/lawyer again, figured they went out of business. Now a year later I get a letter from the collection/lawyer saying they are requesting a final judgement with the judge. I looked up the case, it says disposed and nothing has been filed about a judgement. Is, this another scare tatictic from them? What can I do??
  9. this may not matter, but never once did he identify himself as an attorney.
  10. I have not made a payment...does anyone know if Florida is a state that resets the SOL by just agreeing to pay?
  11. I did not know what was going on... and my house and income are very important to me and when I have people saying that it made me a bit scared, because I have heard horror stories. So what should I do? Pay or file a motion or just write to CA and say fine I will pay but I want a complete delete and leave me alone.
  12. So, today I had to go to a pretrial conference for a credit card from 2003, last payment made was March 2004. They tried to sue in June of 2008 never got served. Then got served in April of 2009. The summons had nothing attached to it. So obvisouly they had no evidence. I went to court today, sat down. Guy in a suit came over grabbed my papers and told me to follow him. Sat down at a Table(judge or mediator was not there), told me it was for a credit card and the people who are suing were nice people and wanted to work something out. I told him that they had no proof and it was out of SOL. Then had another guy in a suit they started talking.....He then said that it would cost me more to fight and I would not get the results I wanted and probably have a judgement or a lein on my house. We went back and forth...finally he said I could pay 20.00 a month that he could go even lower. At that point I felt so intemidated and freaking out that I agreed. They filled out this paper and it was signed by a mediator. The first payment is due June 19th. Then he said that these people are very nice and they will work with me. After it was all said and done....I realized that he was the attorney for them and I had just got screwed. Is there anything I can do? Obvisouly now that I think about it...of course they wanted to settle so low because they have nothing....but scare tatics....Any help would be greatly appreciated on this one??
  13. Yea it is Small claims, it is for 926.00. So, all I can do is time barred defense and the others? As far as case law do I cite that in my response or just have it handy for pre trial?
  14. So my other question is, when I respond to the summons, should I cite the case law in the summons, or bring that with me to pre-trial??
  15. It is in Lee County, Florida, but what is funny is the lawyer has the same address as the Collection Agency. So it is one of those lawyer/collection agency.
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