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Brachfeld and Associates Problem


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Hello,

I owed some money on a AMEX credit card (less than $5000). Needless to say now I am in court and I'm being sued. I have already filed court fees and sent my response in regard to the lawsuit. I actually wanted to settle the lawsuit. I owed the money and wanted to pay it before it got to the lawsuit stage (but I couldn't avoid it).

So around the end of March I received a call from Brachfeld and Associates wanting to settle the case. We agreed to terms and they asked for my bank account information. I refused and stated I wanted them to mail me something in writing first with the terms of the contract. They stated they needed a payment in good faith (over the phone) then they would send me the written statement and notify the court. I agree (stupidly), but asked them to fax me or e-mail contract immediately after I made first payment, they agreed. Needless to say I have not received anything (mail, email nor fax) and my second payment is coming up. The court has not been notified (I'm assuming they file a stipulation agreement and it should reflect on the courts online database system - It hasn't).

What should I do? I called them and left two message and have not received any return call.

Please advise, my payment is due in on May 1, 2009 and I really don't want to get screwed on this.

Thanks in advance!

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Paying without a settlement letter was a mistake. Now that might have reset the SOL (Statute of limitations) and with the payment you gave them more ammunition to sue you, since you will have a hard time disputing the debt if you are making payments on it. They told you what you wanted to hear in order to get a payment from you. If you had gone to court and they didn't have much for evidence (signed contrac), their case would have been thrown out!

From the sound of it, they were fishing for the payment because they knew their case was weak.

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Brachfield is one of the biggest scumbag debt collectors out there.

I'm suing them in WI for pretending to be a law firm in my state. (Erica Brachfield does have license to practice in CA.)

I would advise you to get a consumer lawyer that will work on recovery of attorney fees against these parasites.

I consider your money dead and gone on first payment.

Its now a question if you can undue the legal damage of being pressured and harrassed into that payment under duress.

If you get my drift...

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if you were willing to settle for this account, then disputing it in court isn't really the problem. Yes, if you wouldnt of sent the payment to Brachfield, you could have disputed with hopes that the had no evidence but you are past that now. When you appear in court be sure to take the payment info so they dont try to screw you out of that and you will have to let the judge know that you tried to settle out of court with no recourse...Unfortunately, I think now a judgement against you may be inevitable..

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