Jen16226

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About Jen16226

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    PA
  1. This gentleman helped us once already and about to assist again: Jeff Suher 4328 Old William Penn Highway Suite 2J Monroeville, PA 15146 412-374-9005 http://www.jeffcanhelp.com/
  2. I have worked in wholesale for about 15 years......... First.....do you have an invoice from the vendor? Most vendor invoices have Terms and Conditions outlined on the back. Secondly.......this is NOT a criminal case. You have an account that is past due with your vendor....that does not constitute theft. I can not tell you the amount of customer we have had to take to court over this EXACT SAME THING on accounts that were more money than $2500. Third......What are your terms with the vendor? Are you Net 30 etc? I am in PA too with 3 branches in PA and can tell you most Magistrate's don't even want to see any kind of paperwork until it is pretty past due and they have exhausted all efforts and have paperwork detailing what they have done to collect this debt. That is why when I have called on customers that were past due, I detailed every call I would make to them and the response I would get. In addition, my final step in collecting from our customers would be a certified letter giving them X amount of days to contact me to make payment arrangements or the debt would be going to the magistrate and/or lawyer(depending on the amount of the debt).
  3. My bankruptcy has been discharged 2 years this month. I received 3 credit card offers in the mail this week, one of them Wamu...I was rather hesitant about trying for it, but figured I need to start somewhere in the rebuilding process. I applied only for Wamu and was approved for $1500!!
  4. CONGRATS to you!!!!! We are still waiting to hear on ours. WTG!
  5. Hi there! For the amount of the debt, I would go in there by myself too. Collectors like the ones we are dealing with win because people are afraid to walk into the courthouse. Period. Gather up any and all info regarding the debt. What type of "evidence" did they submit with the summons? Read it all closely. When my husband was served, I went through everything with a fine tooth comb and found things wrong......2 bill of sales but for portfolios and no mention of his account, their "terms" for the supposed credit card was not terms for a credit card at all....was for online banking that they offer and it was past the charge off date. The things I thought were incorrect and the reasons why were some of the same things his lawyer brought up in his preliminary objections.
  6. My husband was served last month for a different CA but I figured same state so I would respond. We hired a lawyer...who I found out after the fact is listed on the NACA website and I am glad that I did. He did not do the typical answer that seems to be shown on here alot, so I am not sure if that has to do with different state laws or not. He filed "Defendants preliminary objections". Another thing, you are also in a "country" county(we are in Armstrong) and I would be a little afraid to file an answer that has alot of legalese in it as it might piss off one of our small town judges. I know that may sound dumb, but during my reading up on everything, plus seeing how many judgements have been filed here(at my job we get the Armstrong Legal Journal that shows all the activity at the courthouse) I thought hiring an attorney was a better move, but the amounts of money between your case and ours are different (we are close to $25k on this). Good luck
  7. Hi there.......like what was already said to you.....there is no debtors prison....deep breath! A month ago, we had the same thing happen(we are in Armstrong County). My stepson was home and a sheriff came to serve, but since there were no adults home, he left his business card and asked for a return call. Hubby called a bit later and the sheriff came back to serve him. Do you have any idea what the debt could be? I had DV'd a collection agency on my hubby's behalf, they turned it over to a lawyer, I DV'd them...they brought it to court. Because my husband travels alot and the size of this particular debt(which is outside of SOL and they have tried to reage) we hired a lawyer that is well versed in this type of predicament. I do not know what county you are in, but good luck.
  8. This is for defending........ He was thinking countersuit at first, but my DV was not timely and in the CA's letter that they had sent that I did respond to, it was a settlement letter. Now the lawyer that the CA has DID send a collection notice and had the mini miranda right there plain as day. My husband is supposed to see him this week, so we will see what is happening. The main goal, the our lawyer said, is to get this to go bye bye completely.
  9. Sorry I didn't jot stuff down and I probably should have. I was too excited seeing that he knew what he was talking about compared to the first lawyer that I spoke with! He is sending me a copy of his filing though and when he does, I will let you know what is going on. I forgot to add this.....he did basically acknowledge everything that I thought was wrong with the exhibits with the summons. The 2 bill of sales...from OC to CA1 then from CA1 to CA2 only show a portfolio of accts...nothing mentioning my hubby's account. The "terms of use" are bogus. I read them and pointed out to him..they are for online banking NOT a credit card. In addition it is from 2007 NOT from when he opened the account and there is no signature no nothing. The "print screen" of the account is not a statement. In addition they changed the date of delinquency so they could get it in under the wire in their eyes for the SOL meanwhile it ran out in May and I have the CR's to show it. The affidavit is considered hearsay as well...it is not from the OC.
  10. Well we joined you on the same boat.....my husband was served about a week later. I was going to attempt to do the answer myself, but hired a lawyer too...after the fact I realized he is listed on the NACA site. Everything they attached to the summons as proof didn't prove squat.....2 bill of sales but of course not mentioning my husbands account, some affidavit that doesn't mean anything, and then the funniest was their exhibit C a "true and correct" copy of the terms and conditions of the credit card.....meanwhile it was for online banking not a credit card and was also dated 2007...years after the charge off. Plus they attached some compuer print screen of his account with commwealth as an exhibit...they changed the date of delinquency to try and beat the SOL which ran out in May. I am soooo glad that you are doing well on your case!
  11. Oh and I just looked......the lawyer is listed on the NACA website.
  12. Ohhhh I just looked and the lawyer that we hired is on the NACA lawyer listing! I had found him because he has his own website regarding credit issues.
  13. Forgot to come back here and post an update.......... the other lawyer called back and I have retained him. He was VERY well versed in everything that I needed and feel very confident about his defending this. He was filing "Preliminary Objections" sometime this week.
  14. Well I hired a different attorney yesterday. I had gone to 1 and we talked, but he did not know enough about FDCPA and he said as much. Which I thought was great. So I then called another person that I had read up some things on his website. He knew his stuff. He was citing case law, etc as I was telling him about everything. So I hired him and he is going to file a Preliminary Objection this week up here at my courthouse (every piece of paperwork they filed has to be thrown out) as well as file seperate suits against the other 2 for FDCPA Violations. I probably could have had my hubby go in there and try to defend it himself, but I am the talker in the family. LOL Plus with his job he very wellmight not be here if and when there is any court date....he will be on the road from Jan to May. On top of that, the amount of money involved is just too much that I feel more comfortable getting a pro involved. I will keep updating as we go along.
  15. Well I just got back from the lawyers office. He was in shock of the things that I had presented him with as far as case law and the like. He is NOT very versed in the subject....without a doubt. I am waiting for another lawyer to call me back. This man seems more like what we need, but I really wanted to see if a local lawyer could defend it first. Fingers crossed.