Jump to content

HELP! Also Being Sued by W&A!


Recommended Posts

Hi All! I'm a newbie, and I need help ASAP!

I've been working all day trying to get my "case" together and need help with how to respond to the court.

Initially, this started when I received a notice from Wolpoff & Abramson. I haven't located that first letter, but I will.

My response requesting validation was sent on 9/9/04, requesting proof within 30 days. They finally responded on 12/3/04. What they sent was 6 statements dated from 9/17/03 - 3/16/04. These statements show my name, but not my address. The first statement shows a payment of $50. The next 2 show "agency payments" of $50 each (whatever that is). And all 6 show finance charges of $80+ each.

I know from reading the forum and other sources that the statue of limitations in Maryland is 3 years. A payment does not reage an account; SOL goes to when the account first became delinquent. What they sent me does not show proof that this account is even mine, and even if it is, the SOL would definitely be passed. I went thru a very nasty divorce, had a breakdown, and lost my job all in 2001. I have not had a credit card since.

I again responded with another letter requesting validation on 3/4/05. A court proceeding is June 8th, and I have never been served. I started the following response......

"It has come to my attention that this “law firm” has, in fact, filed a lawsuit against me for some kind of debt. As I informed you prior, I have no knowledge of every having an account or any dealings with Great Seneca Financial or Citibank. I have twice requested VALIDATION of this debt and PROOF of the fact that you have the right person.

This is notice to you that I have NEVER been served of said lawsuit. I discovered the fact because of numerous solicitations that I have received (at least 6) from so-called credit maintenance clinics. Since a case number was given, I called the court to see if it was true. I was informed that this case was filed on 3/25/05, and that it was supposedly served upon me on 4/26/05 by a private process server, and that the trial or hearing or whatever it is is schedule for 6/8/05.

Now, I have a few problems and concerns with all this:

1) Case was filed on 3/25/05? What was the delay of 31 days to supposedly make an effort to have the papers properly served on said defendant? Was it to give the “public records scum seekers” time to slander defendants name before given a chance to defend against any charges?

2) Papers were served on 4/26/05? I don’t think so. Regardless of what your process server might have told you, service was never made. I remember that day very well. I attended a funeral the day before, and had a crisis with a family member on the 26th. I received nothing in the mail; nothing stuck in my door; not even anything left in the bushes (which is not proper service), and especially nothing handed to or signed by the defendant.

3) Court date of 6/8/05? This will definitely not give me enough time to do research or seek legal advice on how to defend myself against this action; once I know what to defend against, that is.

4) Identity theft has been an issue with my family previously, and should have been noted on any credit reports. I now have a request in for my credit report, and will be scrutinizing and investigating all entries.

I hereby respectfully request that any court proceeding, other than dismissal, be continued until 7/15/05 to allow defendant time to seek legal advice and research.

What should I do? Request continuance? Motion to Dismiss???

Link to comment
Share on other sites

I'm sorry that I can't be more of an assistance to you with your problem. But there are a lot of knowldgeable folks here that hopfully can help you. Looks like you and I are newbies in similiar situations. I suspect that I will soon see a summons, can you tell me how you got yours and maybe some of its wording so I know what to expect.

Link to comment
Share on other sites

If you are served with a summons, you will know it! It's usually a large, sorta thick envelope from the court. I was served last year for a Capital One account ( a debt I was well aware of and didn't dispute, but Mann Bracken were still slimy...) Anyway, nothing like being served on your birthday! I answered a knock at the door, expecting Domino's Pizza, and got a process server instead!

This suit I have never been served, but was receiving a lot of debt repair wannabees, so I called the court.

Link to comment
Share on other sites

It sounds like UNIFUND a JDB is suing you through Great Seneca Financial and W&A. David Rosenberg aka Unifund probably purchased your debt, and if you own a home, he wants a lien on it or if you've got wages, he 'll want an attachment. I would go to court and use the SOL as an absolute defense. It's too late for DV efforts. You will want to be sure your SOL has in fact expired or you'll risk losing in court. In the opinion of many, these guys are low lifes! They know you can't pay, so they go after a judgment for future blood! Yes, they do use special private process servers because they are cheaper. They're even trained to look through peepholes to see if people are home, but just answering their doors! Go figure! Anything you want to know about W&A and compay, ask me because I have enough experience to moderate a forum or write a book.

Link to comment
Share on other sites

Are you sure this is a Collection Item (debt) for a credit card...

SOL for Installment notes is six years. I had one company try to come after me by changing the Type of debt instrument from Open Ended to Written Promissory Note (Installement Loan.)

Also How do you know that this is from more than 3 years ago. If they have you incorrectly listed as the indebted party, then they could have an account that went bad less than 3 years ago ...


ALSO: Did you send your Debt Validation letters CMRRR? (Certified Mail Return Receipt Requested)

If you did - do you have the Green Cards?

Just some thoughts....

Link to comment
Share on other sites

:?: Generally, the statute of limitations for collecting debts begins the moment you sign a credit contract! However, just about every state has specific rules on the running of a statutory period and some even have provisions to adjust (toll) this period.

The term “toll” or “tolled” means to "stop the running of a statutory period for a certain period of time". Many states use this term in their statutes of limitation rules.

For example, lets say that you live in Florida where the statute of limitations on credit card debt (open ended credit) is 4 years. You do not make any payments to your credit card company for two years leaving only 2 years to go before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida.

Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again.

On the other hand, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the 4-year statutory period begins running again. In effect you've reset the clock.

Check your state's law????

I copied this from fair debt collections . com

Link to comment
Share on other sites

I went to the courthouse on my lunch break today and got a chance to look at the actual file. I found some very interesting items. W&A had sent letter demanding payment. I sent first DV letter on Sept. 9, 2004; on Dec.3, 2004 W&A responded with 6 "bills" showing just my name, no address, etc; ITS letter was dated Feb 17, 2005; my second DV letter dated March 4, 2005; lawsuit was filed March 25, 2005; supposed service to me on April 26. Now comes the interesting part. I found out that service HAD to be made by April 28. According to the file, it was delivered to me personally. The description of "me" is that I'm a white male, six feet tall, 185 lbs, and 51 years old. In fact, I am a white female, and I'm 4 ft 9 in. tall !!!! The case is titled "Great Seneca Financial, Charles Smith, Asst VP, a MD Corp., Assignee of NCOP Capital, Assignee of Citibank." Complaint is for "Goods sold and services rendered." States that, now this is as of the filing, that debtor was sent numerous letters, and that defendant NEVER RESPONDED OR OBJECTED to the charges!

(My DV letters had been sent UPS, so I do have proof of delivery/signature)

I also just received a copy of my credit report from Experian.....This account is not even showing up on it at all!!!

Now the court lady who helped me asked if I wanted to file with the court that I was never served. I asked her if they can file a judgement before the June 8 court date; she said no. I said that I will just show up at court. Do you think that the judge will agree with the service "affidavit"?? 8-)

Link to comment
Share on other sites

Ya know what I'd do? Make sure you attend that hearing and bring PROOF that you did indeed request validation, and you NEVER got it! W&A simply sending you 6 bills is NOT validation. Make sure you point that out to the judge!! Stand strong, and step up and let these collectors have it! Take it from me, personally, that W&A are scum, they lie, and will do anything to screw you over!

You can beat these idiots! Just by reading your posts you've done your homework! You know what to do! Keep us informed!

Good luck!

By the way, go here and read this! Learn more about exactly what is validation!


Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.