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potential new lawsuit - im game


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I received a call from a (315) area code.

As soon as i answered the call the person said they were informing me of a summons that was filed against me in court.  I said great where has the summons been filed so i can respond to it.  He said i have to call a number and give them the file number so i can obtain that info.  I said no, i am not calling anyone, if there is a summons and complaint against me i'll answer it as soon as I know where/what court it is located.

 

So he gives me a number to call and the file number and hungs up.

 

the number i was given is (855) 313 5797

 

 

Apparently, someone wants to sue me, or has sued me.  Which is fine... They apparently don't know that i can be litigious.

 

This JUST happened.  They know my name, DOB, and even my new home address that hardly anybody has.  Very weird.

 

I am in the military and will ship out in 10 days for training, etc.  They will probably serve me when I have shipped out. 

 

I'm starting a running tab on their violations...........  I don't know who this is but they better be careful who they mess with.

ALL my debt is paid, i owe nobody anything.    5 year perfect payment history is important to me......oh yeah if anything ends up on my credit report from this phantom debt i am applying for credit and hoping to get denied, then the real war begins

 

 

i am going to work now, updates to come

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Seems odd for someone to call you ahead of being served to warn you there is a summons out there with your name on it - seems that could hinder their attempts to actually serve you. Looks like you've been around the block once or twice so you probably know what's going on. I had a similar situation where a "process server" called me to tell me someone had filed suit against me in the wrong venue but would soon be "correcting that mistake" unless, of course, I called them ahead of that to arrange payments. Riiight....

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Servicemembers' Civil Relief Act

Plaintiff must notify the judge that you are on active duty. Under the SCRA, a plaintiff (the person that brings a lawsuit) who seeks a default judgment against an absent active duty service member must notify the court that the service person is on active duty. If neither the service member nor his or her attorney appears in court, the court may appoint an attorney to represent the service member in his or her absence.

 

Delay of All Civil Court Actions The SCRA allows active service persons to ask for a postponement (stay) of many kinds of civil actions in which the service person is a defendant. In addition, when calculating the statute of limitations (the time during which a person must bring a lawsuit, or lose the right to do so), the period of time that the person has been in the military is not counted.

 

You may be able to reopen the case later. If the court enters a judgment against you during your military service, under certain circumstances you may be able to reopen the case later.

http://www.nolo.com/legal-encyclopedia/legal-protections-americas-military-servicemembers-civil-relief-act-29530.html

 

Also see- Servicemembers Civil Relief Act (SCRA) Questions and Answers for Servicemembers

http://www.justice.gov/crt/about/hce/documents/scra_qa_5-26-11.pdf

 

http://www.justice.gov/crt/publications/servicemembers_booklet.pdf

 

http://www.americanbar.org/content/dam/aba/events/legal_assistance_military_personnel/ls_lamp_cle_mar11_scra_outline.authcheckdam.pdf

 

 

 

Check the penalties for violation of SCRA as well.

Lots of case law here-

http://www.stites.com/learning-center/legal-updates/the-servicemembers-civil-relief-act-what-it-means-for-creditors-rights

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All your credit cards, loans, etc. should be reduced to 6% interest as well-

http://www.consumerfinance.gov/servicemembers/protecting/

 

When you enter active duty, you should notify your card issuer. The maximum interest rate you can be charged on any amount you owed before entering active-duty service is 6 percent. For this purpose, interest includes not just periodic interest charges, but also other finance charges and fees related to the debt. One such fee is an annual fee.

For members of the full-time active-duty military, SCRA protections begin the day you enter military service. For a Reservist or Guardsman, SCRA protections begin the day you receive your mobilization orders.

To get the benefit of the SCRA, you must notify your credit card company of your active-duty status in writing. You must send a written letter to the card issuer and include a copy of your orders. Include in your letter a request to reduce your interest to 6 percent while you are on active duty.

Some credit card issuers may even be willing to reduce your interest rate further than the SCRA requires.

 

You have up to 180 days after you are released from active duty to let a lender know that you were on active duty. You should write your credit card company and send a copy of your military orders. If you do so within this 180-day time period, you are entitled to have your interest rate reduced to 6 percent. This reduction is effective for the period from the date you entered active duty through the date you were released from active-duty status.

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Number belongs to Brockton-Moore consulting company.  

 

http://www.brocktonmooreconsulting.com/services/

 

Looks like they litigate also.  If you have no debts, you might want to call them and see whats up. ;) They say in the recording that they may record the conversation, so if your a 1 party state, I think that is permission for you to do the same. 

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 I have no idea what this is.  IF, and this is a big IF.......if this is related to delinquent debt, it is so beyond statute of limitations.

 

BUT, it will be interesting to see what they have me on the hook for.

 

Now I need to find a way to record my calls, because during that phone call there were some violations...I just couldn't get them on tape.

 

Im  going back to work.  To be continued.

 

I don't have time to quote but thank you for finding Brockton-Moore consulting company.  

I did not have time to look them up earlier, but thank you all

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@jackson212

 

Many times, such a call as you received is a scam.  The caller said that a "summons" had been filed in court.   Call the court or check online.   I've received such calls and they've ALWAYS been a scam.

 

Usually those calls are an attempt to scare an unassuming and uninformed recipient into an agreement to make payments on an alleged debt.   Check with your court first thing Monday morning to see if any suit against you has been filed.

 

 

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I can't seem to find even one lawsuit against them.  I logged on to pacer and tried numerous searches, and nothing.

Why hasn't anybody attempted to sue them?  It's like they are flying below radar.....that is NOT good.   They need to be sued.

 

In the meantime I do need to extract information on the alleged debt they are attempting to collect.

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Number belongs to Brockton-Moore consulting company.  

 

http://www.brocktonmooreconsulting.com/services/

 

Looks like they litigate also.  If you have no debts, you might want to call them and see whats up. ;-) They say in the recording that they may record the conversation, so if your a 1 party state, I think that is permission for you to do the same. 

 

 thanks!  ::travolta::

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