There is hope

[rgr1973]

I'm a dummy when it comes to law issues; I laugh about being just a "plain ole country boy" type even. If a common person like myself can get the better of a debt collection (read "vulture") firm, I figure anyone can.

As I shared in the "Lawyer In The House" forum, I had my wages garnished due to a bad service of summons. It almost appears the process server is a "robo-signer" possibly. Anyway, for what went on there, see my thread, that way I'm not duplicating myself lol!

Again, I'm a dummy. When I first figured out my wages were going to be garnished, I chose not to fight since I thought CitiBank still was being paid via the garnishment. I had no clue that Advantage Assetts, II actually had bought the debt for pennies on the dollar probably and was trying to make a profit off of me.

I wrote a letter to Gamache and Myers, the law office who handled the garnishment stating it was illegal after I realized what AA, II was doing and didn't own the debt. I based my complaint off of never having been served a summons.

I got a letter back from the head dude, David Gamache, stating they categorically denied every claim I made and that unless I had evidence to the contrary, there was no further conversation needed. Also included in the letter was a copy of the summons I spoke of. It was like a light shown in a dark room; I knew I had them!!!!

I fired off another letter telling them it was illegal, that the summons was served improperly and was therefore invalid. I also told him I wondered if he even served it at all or if they just cooked up a story to cover their butt.

When the garnishment didn't stop, I sent another letter telling them I was going to sue them, turn them into the Missouri Bar Association and give them every kind of negative publicity possible. I told Mr. Gamache that he had chosen the wrong person to pick on, I wasn't going to let the issue settle and I wouldn't rest until I saw him and his cronies disbarred and behind bars.

That one got results. The garnishment has stopped for starters. They've offered to write off the debt and refund all monies garnished. You'd think I'd be happy, but I'm not. I figure if they're so quick to offer a settlement, I can probably get them for a whole lot more. I'm not money hungry, but how many other people have they taken money from illegally?

[BV80]

That one got results. The garnishment has stopped for starters. They've offered to write off the debt and refund all monies garnished. You'd think I'd be happy, but I'm not. I figure if they're so quick to offer a settlement, I can probably get them for a whole lot more. I'm not money hungry, but how many other people have they taken money from illegally?

Be careful. They've done what you wanted. They should probably be taken to the cleaners, but if you were to decide to take this further, you would HAVE to be able to prove your case. You can request more from them, but you'll be taking a chance they'll refuse and rescind their offer.

The fact that they've stopped garnishment and have offered to write off the debt and return your money is in your favor, but if your take it further and it makes it to court, the outcome will depend on whether or not you can prove your case.

Judges are also a factor. A debtor-friendly judge could award damages. A judge who is not so debtor-friendly could assume you're greedy and should have been happy with the original offer.

[smart123]

Thanks!!!!!!!!!!!!!!!!!!!!!!!!!