patioar Posted October 14, 2006 Report Share Posted October 14, 2006 :twisted:6/30/06 rec'd a letter from Atty's in Kansas, for Erin Cap. Mgmt, saying I owed Erin 3100. and saying I now owed the Att'ys nearly 5000. They did not say who was the OC, so I wrote asking for validation, and contact by letter only. 2 weeks after they signed for my letter someone called and req'd I call them, I did not respond to msg., I have cell phone record of their call. Nothing more was heard, until this week, I get letter saying I am being sued. Someone has been pounding my doors and windows off and on for 3 days. I faxed info to an att'y to review, the Para said he'd been out of town, to not accept the summons, as they can't get a judgment if they can't serve me. The debt (if it's the one I think it is) is from 2000 in Fla. I moved to Mo. in 2003. I just need input for this matter..Do I keep hiding out from the summons? Why did I get offers of "help" also the same day in the mail with the letter from atty for JDB, do they sell the info, I can't access the court records for this county online. I hope I've posted correctly, this is my first time. Obviously.Thanks. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 14, 2006 Report Share Posted October 14, 2006 One thing you can do is check your state's Secretary of State; soffice and see if Erin is licensed to do business in your state. If not, you have a defense ( lack of legal capacity). One thing: I don't know about MO, but in many states you can nail n mail, meaning even f you never answer the door, they can tack it to the wall, or leave it in your door, and consider you " Served." Stay on your lawyer. Link to comment Share on other sites More sharing options...
patioar Posted October 14, 2006 Author Report Share Posted October 14, 2006 The SOS for Mo. does not list Erin, but does list the atty's. On closer look to the first letter from atty's..."The above debt has been referred to our office for collection......(next paragraph) This communication is from a debt collector and is an attempt to collect a debt.So I am not sure if it was sold from Erin to this atty group or what. I'll call the atty I contacted on Mon. Was told by a couple of people, that I had to be handed the paper...just not for sure, since one was a paralegal...I'm hoping so. Hate being hostage this weekend.Thanks. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 15, 2006 Report Share Posted October 15, 2006 no no no no....they are simply representing Erin. Read the words! I'd say yo might have at least one defense Link to comment Share on other sites More sharing options...
patioar Posted October 15, 2006 Author Report Share Posted October 15, 2006 I DV'd the atty's, because I had no contact info for Erin...and they provided none, neither did they provide verification as the orig. letter said they would, after receiving my letter. I've learned much, but have much more to learn. I've thought about scrapping my educ. as a nurse, and going back to be paralegal...couldn't do the education to be a lawyer...way past the prime for that. Thanks. Link to comment Share on other sites More sharing options...
mit417 Posted October 15, 2006 Report Share Posted October 15, 2006 Remember this!!! When you finally receive that summons, it better have the FDCPA 1692g notice with it or within 5 days of the initial contact, If not, it is a violation of Federal law and no doubt State law. Check your state Laws. Oh, I don't want to jump ahead of myself. Did the letter have the 1692g notice with it. ? Link to comment Share on other sites More sharing options...
patioar Posted October 15, 2006 Author Report Share Posted October 15, 2006 I sent back registered letter formally requesting DV, why they felt I owed them, how it was calculated, the name and address of the OC, and no further contact by phone...only in writing. They called 2x's after they signed for my letter, I did not answer the call. Now they send me a letter saying they've filed suit. 2 suits by these atty's filed in the neighboring county have been dropped. If I don't hear from the atty I faxed and called, on Mon. I will call the atty that represented one of the other suits, as it also had Erin Mgmt in it. And was dropped as no one showed up in court, she was never served. I'm not sure if she called them and worked out a deal. Link to comment Share on other sites More sharing options...
patioar Posted October 16, 2006 Author Report Share Posted October 16, 2006 Will be MY atty, as soon as I send him retainer. He thinks the urgency is that the SOL is up 12/06. If it's the debt I think it is...it was for 3100 for external degree program books (worthless!! IMHO) I find receipt for 1837. that I paid.....and they want almost 5000. on a loan that had no interest on it. We'll see what he has to say. Hope I can get in to see him soon, he's a 2 hr. drive from me, maybe we can do some stuff by phone and fax. I'll keep you posted. Thanks for the support. Link to comment Share on other sites More sharing options...
computerguy Posted October 17, 2006 Report Share Posted October 17, 2006 The Attorney group isn't Cohen, McNeil, Pappas and Shuttleworth is it? If it is then be aware they may have purchased the debt and are taking you to court under a false pretense. Link to comment Share on other sites More sharing options...
patioar Posted October 17, 2006 Author Report Share Posted October 17, 2006 Those are the ------- ------ 's, I'm talking about. If you have knowledge my Atty and I will be profoundly grateful. I will alert him. I had mixed feelings as they said in the first letter that they were collecting on a debt owed to Erin Capital Mgmnt....but on various sites I have found where they are JDB's ....... but seem to represent themselves as working for the previous CA. This board is so awsome!!! Mega Thanx!! Link to comment Share on other sites More sharing options...
computerguy Posted October 18, 2006 Report Share Posted October 18, 2006 You need to seek the Chain of Custody of the Debt! They tend to sue as the Attorney for the Original Creditor, when it's not the Original Creditor they represent. They try to avoid Discovery at all costs! Believe me I know! Link to comment Share on other sites More sharing options...
patioar Posted October 18, 2006 Author Report Share Posted October 18, 2006 Will forward the info to my Atty. Link to comment Share on other sites More sharing options...
patioar Posted October 25, 2006 Author Report Share Posted October 25, 2006 I have managed to avoid the process server...and according to the court web site, he's turned it back in...so I bet tomorow that they will ask for an alias summons. There is a statement that he has info on where I work, but I checked and our company has a non-disclosure policy....so even if he or she walks in the front door and asks for me, they won't say I am there or that I work there. Left a message for my att'y asking if I needed to be in court tomorrow, but he didn't call me back...so I'll re-call today. I find the group of att'ys handling for Erin Capital mgmt. has filed over 500 suits in Mo. this year. If they'd go about this as the law describes, they'd have to do this less....but if they can't provide validation then I see why they sue, hoping these people won't fight. Link to comment Share on other sites More sharing options...
patioar Posted October 29, 2006 Author Report Share Posted October 29, 2006 Well, the JDB atty's have until the 14th of Nov. to decide if they want an alias summons or not. So I will keep checking with the Missouri court website, to see when or if they respond.Does anyone know where there is, in plain english...not legal speak, a website that has the reg's for Process Servers in various states??? Link to comment Share on other sites More sharing options...
BTKCAs Posted November 20, 2006 Report Share Posted November 20, 2006 Well, the JDB atty's have until the 14th of Nov. to decide if they want an alias summons or not. So I will keep checking with the Missouri court website, to see when or if they respond.Does anyone know where there is, in plain english...not legal speak, a website that has the reg's for Process Servers in various states???Any updates on this? Link to comment Share on other sites More sharing options...
patioar Posted November 20, 2006 Author Report Share Posted November 20, 2006 I got caught by the Process Server...actually my boss gave me up...they are not supposed to give out the names of who works there...but she was intimidated and "didn't know what to do"...anyway! I have until 11/28 at 1:30 PM. They do have copies of the orig. contracts....the way it was worded is the College Network was "helping me" get the loan, not providing it....but all checks were paid to them, and stamped on the back "for deposit only The College Network"...so I haven't heard if this will go under UCC or not...if it does it's SOL is past, if not...I will have to pay....unless we can hold them up on the fact thay they continued to do debt collection after I req. DV, and phoned me, after I re'd them to write to me only. It is beyond me when they had the copies of the orig's why didn't they simply answer my DV....???? I've got a call out to my Att'y so if I don't hear by 1 PM today, I'll call again...he's a 2 hour drive from here or I'd go camp on his door step. Link to comment Share on other sites More sharing options...
patioar Posted November 28, 2006 Author Report Share Posted November 28, 2006 my att'y filed yesterday for discovery and countersuit for continuing debt collection without answering my req. for DV. According to att'y in Mo. if there is a written contract it is not UCC. So the 10 yr. SOL applies to me.Below is what appears on the Casenet website today...(sorry for the cap's ...it's the way it was entered by the clerk)ENTRY OF APPEARANCE FILED WITH DFT'S COUNTERCLAIM, ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM AND CERT. OF SERVICE OF DFT'S FIRST INTERROGATORIES AND REQ. FOR PROD. OF DOCS. TO PLT. Filing Party: STOKES, MICHAEL ANDREW Comments, help, words of wisdom??? Link to comment Share on other sites More sharing options...
IHateCAs Posted November 28, 2006 Report Share Posted November 28, 2006 Hopefully you're attacking the chain of custody. Link to comment Share on other sites More sharing options...
admin Posted November 28, 2006 Report Share Posted November 28, 2006 If you like your attorney, be sure to post his name and contact info in our resources thread on lawyers. Link to comment Share on other sites More sharing options...
patioar Posted November 28, 2006 Author Report Share Posted November 28, 2006 He had mentioned the chain of custody, I'm hoping it's in amongst the "legalese"...I'll check for sure.So far so good with the Att'y....I'll post as soon as I'm sure. He seems pretty straight forward. Link to comment Share on other sites More sharing options...
patioar Posted November 30, 2006 Author Report Share Posted November 30, 2006 My Att'y filed on 11/27 for chain of custody, also attacking that they are not registered to do business in Mo. with the Sec of State, and for the violations to FDCPA, also filed were Entry of Appearance and req. for continuance...he told me I didn't have to show up in court on 11/28 at 1:30, because of what he was filing.....now on the casenet site for Missouri courts, I find a default judgment entered against me, because I didn't show up. I called and left him a message....it's snowing on top of ice here today....so I hope I hear...Also there were req's for discovery's...the first interrogatories.Can someone enlighten me??? Please. Link to comment Share on other sites More sharing options...
IHateCAs Posted November 30, 2006 Report Share Posted November 30, 2006 This is all assumption but...It's possible that the lawfirm didn't get your answer until the last minute. They are in robot mode and are assuming a default, so they moved for an entry of default.Are you sure a default was actually entered against you or is there is a motion for entry of default on the docket?The entry of default would be denied. Link to comment Share on other sites More sharing options...
IHateCAs Posted November 30, 2006 Report Share Posted November 30, 2006 Remember they expect probably 90% of everyone they sue to not show and they just move along with that assumption. The fact that the court date was the 28th and he filed his notice of appearance the 27th, they probably were just slow to adapt to someone defending themself.Just an assumption. Link to comment Share on other sites More sharing options...
patioar Posted November 30, 2006 Author Report Share Posted November 30, 2006 11/27/2006 Docket Entry: Entry of Appearance Filed Text: ENTRY OF APPEARANCE FILED WITH DFT'S COUNTERCLAIM, ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM AND CERT. OF SERVICE OF DFT'S FIRST INTERROGATORIES AND REQ. FOR PROD. OF DOCS. TO PLT. Filing Party: STOKES, MICHAEL ANDREW 11/28/2006 Docket Entry: Default Judgment Text: COPY OF JDMT SENT TO ATTYS OF RECORD. Docket Entry: Disposition Hearing Held Text: Case called. Atty Sutter appears on behalf of Plaintiff. Defendant fails to appear. Default Judgment entered. LW/ci Associated Docket Entries: 10/31/2006 - Return Scheduled Associated Events: 11/28/2006 , 13:30:00 - Return Scheduled 11/29/2006 Docket Entry: Judgment Entered Filing Party: WINFREY, LARRY JR. Above are the last 3 docket entries...haven't heard from Att'y yet.The politics and court system here are the "good ol' boy" network type, and I'm sure they don't give a d--- about wether or not they follow legal procedure or not. Link to comment Share on other sites More sharing options...
patioar Posted November 30, 2006 Author Report Share Posted November 30, 2006 I looked up his name in the Bar a$$'n...he's in Virginia and oddly enough his Bar a$$'n # is one digit from my Atty's number. I'll be interested to hear what my Atty says. Link to comment Share on other sites More sharing options...
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