ynkewmn Posted September 9, 2004 Report Share Posted September 9, 2004 I am really PO'D!!! I have posted topics on this one particular law firm in the past, and now I could scream. Anyway, here is the senario.... DH and I have default judgements against us from a law firm collecting on a Citi and a Discover account. We are filing BK soon, so by advice from lawyer, we could get them later vacated. I now wish that we would have continued with these suits and make them prove the debt while in wait...Recently, I received an envelope from this particular firm with a compilation of monthly statements (exactly like the past cases) and letter stating this is the validation that I had asked for and to call them for payment arrangements. This is how I see it... 1) I never asked this firm for validation on this said account, I DV'd two separate CA's about this account, no response. 2) I never received a dunning letter from this said firm collecting on this account, only this letter.So today, LEFT OUT IN MY YARD, is a SUMMONS for all to see, obviously left by a server,,, no one here signed for it. Well, guess from who!Questions,1) Can server just leave paper like that?2) Can this firm collect on account with no proof of Dunning letter?3) And can they send "validation" for the OC to whom has turned it over to CA after CA and say that I asked them for validation? Link to comment Share on other sites More sharing options...
ynkewmn Posted September 9, 2004 Author Report Share Posted September 9, 2004 Forgot to mention,I did DV this firm as soon as I received the envelope of information. I sent it on Sept. 17th and the suit was filed against me on Sept. 25th.I will check my CR to see if it lists as disputed. Unfortunately, I didn't send the DV letter CMRRR . Learning the hard way! So they can say they never received my DV letter? I am smacking them with another one now, ASAP! Link to comment Share on other sites More sharing options...
breathing_easier Posted September 9, 2004 Report Share Posted September 9, 2004 What are the names of the CAs? CAs such as Sherman Acquisitions have many different incarnations. You could have received a dunning letter from one CA who was "closely related" to the next CA you received a dunning letter on for the same account. Of course, if the account changed hands, even within the same family of CAs, they were supposed to send you a separate dunning letter and allow you to request validation again. Sounds as if they decided to skip a step or two. Link to comment Share on other sites More sharing options...
admin Posted September 10, 2004 Report Share Posted September 10, 2004 Sounds fishy to me and smacks of invasion of privacy. Have nothing to cite, though... Link to comment Share on other sites More sharing options...
ynkewmn Posted September 10, 2004 Author Report Share Posted September 10, 2004 They are a in state "big city" firm, and from what I have learned from watching them, they about lead the area in cases assigned to them. Let's say they scare alot of people and most admit the debt in court, without having this firm prove the debt. They think we are scared and defenseless because we were no shows in court. Like I said, am filing BK soon, just wanted to stall a bit. I am just ticked that they are getting our CO accounts assigned to them. Still wondering, can they just leave a summons like that? It was windy that day for sure, would have been embarrasing to blow down the street... It requests a signature on it, and is to be returned if unserviceable.Does anyone know if we can file suits against CA's collecting on accounts to be included in our BK, assuming that it will be discharged? Link to comment Share on other sites More sharing options...
LadynRed Posted September 11, 2004 Report Share Posted September 11, 2004 To determine if the service was proper or not, we have to know what state you're in. The tactic you describe sounds like NY where they can 'nail and bail' - throwing it in your yard IS valid service in NY !! You can certainly sue a CA you include in your BK for FDCPA violations, but don't do it before you file for BK. The suit, and any award you may get if you win, becomes property of the BK estate and the Trustee would end up with your settlement money if you were to get any. Link to comment Share on other sites More sharing options...
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