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Florida - Help with Settlement Offer

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My husband had a "Sears" card from 1989, we married in 1997 and I have no legal ties with "Sears". He went self-employed starting in 1999(I am an at-home-mom and do not work). In 2000 we started the process of an Installment aggreement with the IRS due to lack on finances for full 1/4 tax payments. Which in turn during 2000 "Sears" called up to 20 times a week after my husband paid $250 the prior month, demanding monthly payments of $250 then on. But we paid nothing due to the strain of getting our taxes under control. Last Feb. 2002 Sears took my husband to court. We afford to pay $50 a month. The Sears Attorney told my husband to sign the paper. My huband asked him what is it you want me to sign. The Sears Attorney told my husband to leave and that he did not need to be spoken to in that matter.

All my husband wanted to know was what he wa signing.(He did not sign anything...That god!)

Well our IRS has now finally excepted our "Offer in Compromise" last week.

My husband was now again served by SEARS for a Court date of Sept. 2003. But we got this letter from them that with a settlement offer of 1/2 of what he owes. And his parents just gave us the bank cashiers check for this. That is due before May 28, 2003. I am sending it certified mail with return receipt requested, including a copy of the original letter of offer, the check.

Now what do I need to write in the letter to go with this payment? And do I also send a letter to Sears with copies of all of this?

This Attorney(Sears) has been a nightmare to everyone. He is so unprofessional, disrespectful to every court case there at the court house. He treated my husband and the others there like they were dog dirt. Most of the people there are in construction like my husband, and many have been laid off from their jobs. Some of the ladies cried walking from that Lawyer. Is the a code of ethics these lawyers must abide from? Or are they just there to rip people apart.

I am so glad I never had that Sears card!

Thanks in advance,


[Edit by JCoates on Wednesday, April 23, 2003 @ 10:09 AM]

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If it's the same Florida lawyer that sued me for Sears then I hope you sue them out of their pants. I plan to file a lawsuit against a lawyer in Ft. Lauderdale for the very same thing. I am waiting until all the ducks aerin a row --then wham, he's in court.

Remember, having a lawyer sue another lawyer is nearly the same as walking in church in a witch suit!

[Edit by jeffbeish on Monday, April 21, 2003 @ 10:55 AM]

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Went to BBB and looked up that Attorney, Found the following:

(Cut & Paste)

BBB of Southeast Florida

2924 North Australian Ave.

West Palm Beach, FL 33407

(561) 842-1918


5310 NW 33rd Ave Ste 100

Fort Lauderdale, FL 33309

View Location Map

Local Phone Number: (954) 735-4455

TOB Classification: Credit-Collection Agencies

The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources.

Customer Experience

Based on BBB files, this company has an unsatisfactory record with the Bureau due to unanswered complaint(s).

Additional File Information

The Bureau has requested basic information from this company. The company has declined to provide this information. Without this information, the Bureau may not have current information concerning such things as the company's management or its nature of business.

Report as of: 4/21/2003

Copyright: 2003 BBB of Southeast Florida

As a matter of policy, the Better Business Bureau does not endorse any product, service, or company. BBB reports generally cover a three-year reporting period, and are provided solely to assist you in exercising your own best judgment. Information contained in this report is believed reliable but not guaranteed as to accuracy. Reports are subject to change at any time.

The Better Business Bureau reports on members and non-members. Membership in the BBB is voluntary, and members must meet and maintain BBB standards. If a company is a member of the BBB, it is stated in this report.


go to http://www.clerkofcourts.com

choose the button "Manatee County Court Records"

next fill in Last Name/Company with: SEARS RO

then click submit and you will see the mother of all loads of cases they have for "Sears" in Manatee Cnty FL with online images of the courts documents

You can use this for fire





to name a few.

I also found a woman in Pt Charlotte, FL filed bankruptcy for $30,000+ and only owed "SEARS" $250.00. And this firm was the only creditor at here hearing demanding payment.

This is why it is important for me to get my husband's letter done in a proper and professional fashion.

[Edit by JCoates on Monday, April 21, 2003 @ 01:02 PM]

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I am sending it certified mail with return receipt requested, including a copy of the original letter of offer, the cashiers check of the 50% that the letter stated.

Now what do I need to write in the letter body to go with this payment? And do I also send a letter to Sears with copies of all of this?

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I know one lawyer who's nickname is the "shark", these types of lawyers really make the profession look bad. My momma was a criminal defense attorney, now a prosecutor. She's a really nice lady too :) It's amazing but remember, these are the "slumlords" of lawyers. I'm lucky, My momma has some friends that are civil litigators, they are handling my judgement case I'm working on...


[Edit by chingasaholo on Monday, April 28, 2003 @ 04:50 PM]

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Hey I also had a very old debt with Sears and started getting letters, harrassing phone calls, etc. from a firm in Jacksonville, FL ....they garnished my wages, getting 25% of my whole paycheck (this almost killed me financially) until I claimed "head-of-household" (which I am)..then got a summons to court, followed by several phone calls wanting to "work something out". Well, needless to say, I never went to court...no time, too stressful, needed too many documents and digging up old stuff....but agreed to $150.00 per pay period until paid off....did I make a major mistake? The original amount was 2,500....I couldn't believe they went to such lengths to get the $$...they claimed to be representing Sears, but an atty told me they bought the account for pennies on the dollar. Hiday and Ricke...anyone ever heard of them?

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