fastback_lover

Members
  • Content Count

    41
  • Joined

  • Last visited

Community Reputation

11 Good

About fastback_lover

  • Rank
    Newbie
  • Birthday 07/07/1951

Profile Fields

  • Location
    PA.
  1. They cant garnish your wages for debt in PA. You need to spend the $200 to appeal to common pleas court. They will then have to file a new complaint and then you have options. This starts everything over fresh and will be done by paper. You have to answer their complaint and then you have an option to take it to contractual arbitration. Either way you are dealing with real Judges and the doncuments required will be much stricter and by the law. Magistrate Judges are a hit or miss. Some know the debt laws and some dont. Do not pay AA , appeal De Novo. There will be plenty of help on these boards to assist you in answering the complaint.
  2. You can file for arbitration if it goes to common pleas court. They want their judgements from people not showing up. Did they file 3 separate suits? I guess they would have had to, if it was over 12k. They would prolly combine them in common pleas court.Even if the judge is not familiar with standing by you presenting a good case they might give you a later ruling to check the laws.Do not admit the alleged debt is yours.
  3. You will have to wait to common pleas court to motion to compel arbitration. Wont fly in the magistrate office.
  4. Pa. magistrate court is an informal court. The plaintiff will present what they have and then you present your defense. No objections etc. It all boils down to the knowledge the judge has in regards to debt cases. I know judges that have asked the attorney for the chain of ownership and when they couldnt produce the defendent won, Other cases they gave them 30 days to produce evidence. Just be polite and roll with the judge. You will sense how he feels about the case. The good part is it can be appealed and then the fun begins. You won before you can win again. Same procedure.
  5. You will need to attack them on standing to sue. Make them show you chain of ownership which they will prolly have the typical fake affidavits. Some of the Judges are aware of standing,others are not. If the Judge rules against you appeal it.It then goes to Pa. common pleas court and they have have to file an actual complaint and starts fresh.Appeal costs are about $200.How far away is the attorneys office? If far away they might send a local attorney who most likely know nothing about the case. Better chance of winning. If you are 2 for 2 in common pleas then just appeal it.
  6. If you have access to an electonic database of court cases you can compare signatures of Tom Vigil and Peter Huber. There are always differences especially with Hubers signature.
  7. Magistrate court in PA. is small claims court up to 12k. Some judges are familiar with chains of assignment others are not. Its basic court where the attorney presents his case and then your turn to present . Depending how close the attorney is located they send in a shill attorney usually with no info beforehand. When it is your turn object to any assignment or affidavit presented. Depending on the judge its 50/50 on who wins. The good part you can pay $200 , kick it to common pleas court where they have to refile an answer and you start all over again with a clean slate.
  8. LIsted on pacer it state hearing continued on confirmation. and then it lists new hearing dates. N o motions by attorney listed so assume continued by trustee. What would be the reasons for a continuance?
  9. On 8/24/12 we sent the attorney a letter crrr simply saying "We are advising you that your claim is disputed and validation is required" We originally received the dunning letter dated 7/25 on 7/27. Today we received a letter from the attorney by regular mail dated 8/29. It was not a validation as expected but was as the following. I write regarding the above referenced matter. You failed to contact me in response to my previous letter.I would like to make it quite clear that my client may direct that suit be brought in this matter;if so I may then act as their attorney, If such a suit is successful and this claim is reduced to judgment,any non-exempt personal property you own may be levied upon and sold to satisfy the judgement plus costs. Asking for payment again within 7 days as before and advising hours and address. In closing, I would like to remind you that any information I obtain will be used for the purpose of collecting this debt for my client. Sincerely Attorneys signature Holding it up comparing it appears to be identical signature so probably a stamp. My observations, they tried to collect after i asked for validation and before or if I receive a validation. Threatening suit(harrassment) when we know they wont file for a $45 debt. Did not say that this letter was from a debt collector although there verbiage might qualify it as such. Welcome to comments as before, even though coltfan feels we have a prior slam dunk case I wanted to see if this attorney would continue to break the law. MY next intentions if I receive the validation was to crrr send them a refusal to pay letter and see if they contact me again.
  10. Chase 2005 cardholder agreement has JAMS for arbitration . It also has Delaware as the governing law state, which means if your state allows you can use their 3 yr sol which it appears you are past the time required.
  11. The intention to sue over $45 seems unlikely and also in the last 5 years they only filed 4-5 cs in my county and they werent for $45.
  12. Perhaps I am missing the point. If an attorney sends a dunning letter he needs to have knowledge of the account. Therefore are you saying if he admits in the letter that he did not review the account then it is not a violation? reading Dale Pittmans 44 page outline of the fdca he states on page 24 that a dunning letter sent on an attorneys letterhead violates numerous provisions of the Act if the lawyer does not personally review the debtors file and jhave some knowledge about the alleged debt. soory just confused
  13. Tomorrow will be sending dv ltr just simpl advising them there claim is disputed and validation is required cmrr. When i receive the validation then I will send them another letter refusing to pay. That gives them 2 more letters for more violations. I beleive at least 2 violations were committed. The attorney did not review account before sending letter and the request for payment within 7 days .I am sure someone will pipe in and their will be more.
  14. I couldnt get the letter to scan properly so I will type it as I see it. Attorneys name in bold print Attorney at Law Address Address Address Phone number July 25,2012 My name My address My address Account Date of service Balance Name of medical co. 00/00/2012 $45.50 (pat: my first name) Be advised that attorneys name is currently acting as a debt collector relative to the amount due. At this time,no attorney with this firm has personally reviewed the particulars of your account. However,if you fail to make contact, our client may consider additional remedies to recover the balance due. In order to avoid having to pay not only the amount due but possibly the costs of any potential legal action as well, please make payment in full within seven(7) days from the date of this letter. Checks and Money Orders should be payable to attorneys name and mailed to address of attorney. The walkin location for payment puposes is another address listed. Monday thru Thursday,9:00 a.m. to 4:40 pm. If you need to discuss your account,call attorneys number. In closing,I would like to remind you that any information obtained will be used for the purpose of collecting this debt for my client. Sincerely real attorneys signature attorneys name Attorney at Law Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. if you notify this office in writing within thirty (30) days after receiving this notice,this office will: obtain verification of the debt and mail you a copy of such verification. If you request this office in writing within thirty (30) days after receiving this notice,this office will provide you with the name and address of the original creditor,if different fron the current creditor. At all time attorneys name is the same as on the letterhead.