OHMom Posted December 20, 2004 Report Share Posted December 20, 2004 I received a summons in November and did not know what to do. I live in Ohio I contacted a local law firm and they advised me to call the CA. During this phone call they said I needed to pay the full amount $2378. The papers (Exhibit A) they sent are for a credit card which has a credit limit of $1500 and also sent a cardmember agreement with no signature as Exhibit B. I said I did not have the money and what will happen. I have not used a Discover card for years. They said the suit would continue and that a variety of things will happen now. They will put a lien on my house, take my vehicle or have the sherriff sell off my belongings until debt was paid. They also said they were going to call my customers from a business that I had, but no longer do, and would take the money from my customers to pay debt. The local attorney drafted an answer to the summons stating a denial of the debt and requesting a court hearing, then days later drafted a follow up with another document requesting Production of Documents. I filed both with the court house on my own. The CA then filed Production of Documents to me dated same day they had to have received my request. I called the local attorney to set up an appointment on how to respond to the POD and she said I was on my own now and "Good Luck " cause I was dealing with the "Big Boys". She said it wasnt worth her trouble she only wanted to deal with me if I wanted to file for bankruptcy. Through a friend I contacted another attorney who filled out the POD from the CA without charging me. I will be sending that tomorrow in order to make the 28 day demand for 12-23-04. Most of the answers said defendant was unable to answer until Production of Documents was received as requested. Did the CA violate FDCPA with threats after a suit was filed? I have received a court date for 1-12-05. What can I expect. Needless to say I am having a complete nervous breakdown!!!! I was self employed and became sick and then injured and have not worked for months. I did not need this law suit on top of everything. I can not afford to pay an attorney, but should I get Legal Aid to help and maybe attend hearing? Link to comment Share on other sites More sharing options...
DocDon Posted December 20, 2004 Report Share Posted December 20, 2004 Is this CA a law firm?They actually said they would do all that? Take money from your customers? LMAO! That's classic.If they are a CA/law firm, file complaints against them with the FTC, their State Attorney General, and their State Bar Association or Attorney Grievance Commission (whichever handles complaints against attorneys in their state).That is a blatant and disgusting abuse of power. Link to comment Share on other sites More sharing options...
OHMom Posted December 20, 2004 Author Report Share Posted December 20, 2004 On the bottom of their letters it says "This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose." The firm is Weltman, Weinberg & Reis. I have researched them on the web and see nothing but comments about how nasty they are. What can I expect in court. Link to comment Share on other sites More sharing options...
DocDon Posted December 20, 2004 Report Share Posted December 20, 2004 Why don't you cut them off at the pass and file a formal complaint against them? They made threats to you because they are attorneys. It is an abuse of power, and more than likely a violation of ethics.You can also file a countersuit against them for their violation. Link to comment Share on other sites More sharing options...
workinninetofive Posted December 20, 2004 Report Share Posted December 20, 2004 I totally agree with Doc... don't sit back & take that. If you take it, their just going to do it to other people.. and that is sad Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted December 20, 2004 Report Share Posted December 20, 2004 Hell if you have a letter, SUE EM and get some money! Or accept a deletion of the debt. Link to comment Share on other sites More sharing options...
LadynRed Posted December 20, 2004 Report Share Posted December 20, 2004 Boy did they trample all over the FDCPA !! Their threats are all BULL as they cannot legally do ANY of those things.. there are exemptions that keep them from taking much, if anything at all. Calling past customers is total crap, more LIES and deceipt. I would file a cross-complaint for FDCPA violation ! Link to comment Share on other sites More sharing options...
retmar Posted December 22, 2004 Report Share Posted December 22, 2004 I am in total agreement with this. Nail the PUKES!If at all possible before court, see if you can get the ADUB's to send it in writing. Or, compose a letter to them indicating the date, time, and name of the person who said this. Be sure to include any and all parts of the conversation you can recall. You would want to word it that you checked into what was said and found that their threats were illegal. Therefore, they have one of two choices. One is to go ahead with the suit and receive a counter claim for damages, or close, delete, and go eat Maggot Droppings. either way, you are filing complaints with the BBB, State Bar, AG, FTC, and any other Federal and State Agency who governs them.Get 'er done! Link to comment Share on other sites More sharing options...
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