marinevet Posted November 28, 2007 Report Share Posted November 28, 2007 I've been doing some research on the "law firm" that is taking me to court. They are "Bronson & Migliaccio, LLP". From what I have found out, they are pretty much scum and don't know much about consumer law. I have also found that when someone sends them a "DV" and "cease and desist", that they pretty much disappear (probably because they have no proof??)I'm assuming that since they supposedly have a court date (although I can't find anything when I search the state's court website for my name or that particular date), those two options are out the window, or can I go to court on that date, and if they do show up, say that the debt is not mine and ask for DV then? Link to comment Share on other sites More sharing options...
cavazos007 Posted November 28, 2007 Report Share Posted November 28, 2007 I've been doing some research on the "law firm" that is taking me to court. They are "Bronson & Migliaccio, LLP". From what I have found out, they are pretty much scum and don't know much about consumer law. I have also found that when someone sends them a "DV" and "cease and desist", that they pretty much disappear (probably because they have no proof??)I'm assuming that since they supposedly have a court date (although I can't find anything when I search the state's court website for my name or that particular date), those two options are out the window, or can I go to court on that date, and if they do show up, say that the debt is not mine and ask for DV then?Have you tried sending them a DV? Link to comment Share on other sites More sharing options...
willingtocope Posted November 28, 2007 Report Share Posted November 28, 2007 Normally, they would sue in your local court, rather than a "state" court. Did they send you a summons, or just a letter saying they had a court date? Link to comment Share on other sites More sharing options...
marinevet Posted November 28, 2007 Author Report Share Posted November 28, 2007 Have you tried sending them a DV?No. I'm not positive that I have ever received anything from them, I don't believe that I have, but it's my understanding that now that it's scheduled in court, that it's too late to send them a DV letter because if I just do that and then don't appear in court, they win by default. Correct? Link to comment Share on other sites More sharing options...
marinevet Posted November 28, 2007 Author Report Share Posted November 28, 2007 Normally, they would sue in your local court, rather than a "state" court. Did they send you a summons, or just a letter saying they had a court date?They're sueing me in the county court in the adjacent county. I don;t know why they wouldn;t do it in the county in which I actually live. Any thoughts on that?I received a letter from them Monday with a "Warrant in Debt" stating the court date. Funny thing is, when I search the court date or my name on the court's website, I get nothing. There are 8 cases scheduled the same date as mine, but mines not listed. Link to comment Share on other sites More sharing options...
willingtocope Posted November 28, 2007 Report Share Posted November 28, 2007 Call the clerk of courts for the court that the Warrant in debt references and ask them what's going on. If the warrant is phony, the court might be interested.... Link to comment Share on other sites More sharing options...
marinevet Posted December 6, 2007 Author Report Share Posted December 6, 2007 Call the clerk of courts for the court that the Warrant in debt references and ask them what's going on. If the warrant is phony, the court might be interested....I just found the court case listed on the website last night. This morning when I arrived at work, I checked the website to print the case info off and it showed that is has been "continued" from 1-4-08 to 2-1-08. What would be the purpose for this? There are also three other cases from the same "lawyers" that were listed and continued until 2-1-07. Link to comment Share on other sites More sharing options...
willingtocope Posted December 6, 2007 Report Share Posted December 6, 2007 Lawyers migrate to Aruba in January... Link to comment Share on other sites More sharing options...
Templar Posted December 6, 2007 Report Share Posted December 6, 2007 It sounds like you and the Court is being scam'd to me. Believe if these CA's had anything of substance they'd be in court presenting it getting a default judgment to sell to one of their buddies.Don't allow them a default judgment. The minute you show in Court the game goes by new rules. Not certain, but I think this CA is part of Collect America/CACV. They're flooding the NY Courts with actions to obtain default judgments. The Courts are becoming wise to them. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted December 6, 2007 Report Share Posted December 6, 2007 I'm from VA also, and am fairly familar with the "Warrant in Debt". Sounds legit to me, however, if they are suing in the wrong district you might want to answer the warrant notifying them they are in the wrong courts. That won't get you off the hook, just a new date. What are your defenses if they do have proof? It is beyond SOL or anything? Also, in VA attorneys are not allowed in small claims courts so when they take you to general district and you don't have an attorney they are likely to attempt to get a judgment based on procedures you will not be familiar too so you might consider contacting an attorney. Link to comment Share on other sites More sharing options...
marinevet Posted December 6, 2007 Author Report Share Posted December 6, 2007 I'm from VA also, and am fairly familar with the "Warrant in Debt". Sounds legit to me, however, if they are suing in the wrong district you might want to answer the warrant notifying them they are in the wrong courts. That won't get you off the hook, just a new date. What are your defenses if they do have proof? It is beyond SOL or anything? Also, in VA attorneys are not allowed in small claims courts so when they take you to general district and you don't have an attorney they are likely to attempt to get a judgment based on procedures you will not be familiar too so you might consider contacting an attorney.I've contacted a Mr Bud Hibbs, some of you may know who he is. He claims that this buch is very sloppy in their papertrail and more than likely they, they won't have any proof that the debt is mine. What's my defenses if they DO have proof? As of now, nothing. I mean, if they have proof, what can I do?The SOL is three years (I'm pretty sure) and March 08 will make three years since I last made a payment. from what I gather, even if I was able to drag it out past that date, it wouldn't matter because the suit was filed before, correct?I've contacted a lawyer and emailed him the info that I have, I'm just waiting to hear back from him.Does anyone have any advice on what to do when I do appear in court? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted December 6, 2007 Report Share Posted December 6, 2007 The SOL is three years (I'm pretty sure) and March 08 will make three years since I last made a payment. from what I gather, even if I was able to drag it out past that date, it wouldn't matter because the suit was filed before, correct?Yes, the court filing date tolls the SOL.Does anyone have any advice on what to do when I do appear in court?In VA you will appear in court and the judge will ask you how you plead. IMO, I would plead "not guilty" and request for a "Bill of Particulars". The judge will make an order to reappear and order that the plaintiff provide the bill of particulars by X date. The Plaintiff will also ask for a "defense order" that will be due about 1 to 2 weeks after the bill of particulars is due and shortly before the court date. The bill of particulars is where the plaintiff has to provide their complaint in full along with any evidence. They will likely have no evidence but will have a number amount of claims against you for which you can claim your defense. An example would be:1) Defendant <insert your name>, applied for and recieved X contract on X date with X creditor.2) Defendant failed to continue payments therefore defaulted on X3) Defendant owes plaintiff Xyada yada yada.After you get this bill of particulars you attack each compliant, such as.1) Plaintiff applied for many contracts during X time frame but does not recall said X plaintiff, therefore defendant request strict proof.2) See #13) See #1This is just a very sloppy example of what you will be looking at during your case in VA. Link to comment Share on other sites More sharing options...
marinevet Posted January 4, 2008 Author Report Share Posted January 4, 2008 I received a copy of a letter my lawyer sent to Bronson & Migliaccio, LLP the other day. He stated that he was representing me and basically asked for proof that the debt was mine. My court date has been continued until next month. I guess I'll just have to wait and see if they contact my lawyer back before then, if not...I guess I'll go to court and see what happens.If everything that I have heard about this bunch is true, I suspect that it may result in them dropping it. I guess time will tell. Link to comment Share on other sites More sharing options...
unusualsuspect Posted January 4, 2008 Report Share Posted January 4, 2008 This is a civil court-- not a criminal court. You can't plead to anything in civil court. File a motion to dismiss based on the fact the suit is in the wrong venue. Link to comment Share on other sites More sharing options...
marinevet Posted January 7, 2008 Author Report Share Posted January 7, 2008 This is a civil court-- not a criminal court. You can't plead to anything in civil court. File a motion to dismiss based on the fact the suit is in the wrong venue.Thanks, I didn't know that. Link to comment Share on other sites More sharing options...
marinevet Posted January 7, 2008 Author Report Share Posted January 7, 2008 I received a call on my voicemail today form this bunch. Are they allowed to contact you once they have been notified that you have a lawyer? Shouldn't all communication go thru the lawyer? Link to comment Share on other sites More sharing options...
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