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6 pymts to CA (atty) w/ 4 left -they just filed a suite/why?


jlcb
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I'm a newbie, hope I'm in line with things here. Household/Orchard Bank acct placed with CA (atty) Thompson Law firm in April 05. Made $100 payments to them until July (I was 10 days late on July payment). When I called to do a phone payment they advise me that account transferred to local office in Atlanta (Bridgers, Peters & Kleber) they are representing Gualt Fin LLC . I called their office six times and was sent to the paralegal's voice mail. I left msg each time. I do not have phone number for them to reach me so I have to go to a payphone to call them. Finally, I just left a msg that I was sending a money order for the July payment and August payment continuing as I was doing with the previous CA (atty). I have made 3 more payments (2 in Sept and one in Oct). I am down to a bal of $455 and will have them paid off in 3 more payments...Now I start getting junk mail advertisments from other attys that records show I have recently been sued by Gualt. Today, I called current CA (Bridgers...) and finally talk to paralegal telling me they can and did file a suit since I still have a balance. I asked why they have accepted all these payments that I have made if they were going to sue me anyway. He said the suit was sent out by a private server on Oct 26 and I will just have to see what the judge says.

I no longer live at the address he has on file (although I do get mail there/my parents house).

My mother did say several days ago a young lady came by asking for me and she told her I did not live ther any longer the lady said ok and left. I assume this may have been a server but they did not leave it with mom nor tell her what it was about. So I have no papers showing I am getting sued (only way I knew was from all the advertisements I have been getting from atty want to repr me from Gualt).

Any help on what I need to do now is greatly appreciated. I have no court date or even a service date to know the response deadline.

Any takers? Please.

jlcb

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Did you have anything in WRITING regarding your repayment 'agreement' ?? If not, then how would you prove breach ?? If it ain't in writing -- it never happened as far as lawyers are concerned, especially so in debt cases.

I would make DARN sure you have a record of every single payment sent and any other proof you've got that they accepted those payments.

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It's going to be difficult to prove any misconduct given you were late with at least one payment and had no current address or phone number for them to contact you. I would have to agree with you that given the fact you were making payments and they had been accepting those payments and with the balance due just a few hundred bucks, it doesn't make a whole lot of sense to file a law suit. I would be surprised if your case ever got in front of a judge. Understand that there are some attorneys who try and do things the most complicated and expensive way possible at someone elses detriment so if it were me, I would definately complain to the Bar Association in your state alleging malfeasance. Send the attorney a copy of the complaint before you send it to the Bar and see what kind of response you receive. You've got nothing to lose at this point, so pin the tail on that donkey lawyer! LOL Also, it should be pretty clear that Household and Orchard Banks should be avoided. Why the hell people deal with these institutions I'll never know!

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