dsmith86

Being Sued By Jormandy LLC

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Hi all, I could use some help or a point in the right direction as I am definitely a novice to this.

I am being sued by Jormandy LLC.. I received a warrant in debt a few days ago for a court date in October. They previously sent a letter and I asked for proof of debt/debt validation as I've never heard of nor used FlexShopper and they did not reply to me. I have the most common name in the world --- D.Smith.

 

Of course I don't want to be sued. I don't even want to go to court. But I have no idea what to do. I live in VA.

 

Can someone please help point me in the right direction? With this warrant in debt, there is still no proof of debt or debt validation or anything. 

 

Thank you in advance. 

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Generally it is not a good idea to put your real name on this forum. 

There may be a serious FDCPA violation if they continued debt collection after sending a DV letter, to which they did not reply. 

1.  Did you send the letter Certified Mail Return Receipt Requested?  And did you keep the green card?  That could be vital evidence for a claim against them. 

2.  Who is the plaintiff, who was the original creditor, and how much are they suing you for?

3.  This appears to be a case of mistaken identity. That is certainly a defense of the debt— wrong person.  You need to fill out an affidavit that the account is not yours; that it belongs to a different Ms. Smith.  

4. I don’t have a clue as to who the best consumer lawyers are in your area.  All I know is there is a good chance they will wind up having to pay you money if what you say is accurate, and you find a lawyer willing to take your case.  

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12 hours ago, dsmith86 said:

I received a warrant in debt a few days ago for a court date in October. They previously sent a letter and I asked for proof of debt/debt validation as I've never heard of nor used FlexShopper

If you have never heard of this company or done business with them the first thing I would do is pull all 3 credit reports and see if it is on yours.  It is very possible there is identity theft going on.  If it is reporting then you file a police report and FACTA report notifying of identity theft.  That gives you a gold plated defense to the suit.  If it is not reporting and they have sued the wrong Denise Smith then you have a different approach to defend this which includes a counter claim for an FDCPA violation that they sued the wrong party.

12 hours ago, dsmith86 said:

With this warrant in debt, there is still no proof of debt or debt validation or anything. 

Virginia does not require they attach evidence or proof to the complaint when filed.  That is produced in discovery or at trial.  Do not focus on this as it is not relevant.

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10 hours ago, BackFromTheDebt said:

Generally it is not a good idea to put your real name on this forum. 

There may be a serious FDCPA violation if they continued debt collection after sending a DV letter, to which they did not reply. 

1.  Did you send the letter Certified Mail Return Receipt Requested?  And did you keep the green card?  That could be vital evidence for a claim against them. 

2.  Who is the plaintiff, who was the original creditor, and how much are they suing you for?

3.  This appears to be a case of mistaken identity. That is certainly a defense of the debt— wrong person.  You need to fill out an affidavit that the account is not yours; that it belongs to a different Ms. Smith.  

4. I don’t have a clue as to who the best consumer lawyers are in your area.  All I know is there is a good chance they will wind up having to pay you money if what you say is accurate, and you find a lawyer willing to take your case.  

No, I did not send it certified. I sent it via regular mail. They also sent the warrant in debt via regular mail as well. 

Plaintiff : Jormandy LLC assignee of Flexshopper LLC. $4160.52 and 6% interest from DOJ, plus $56 costs and $0 atty fees. 

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38 minutes ago, Clydesmom said:

If you have never heard of this company or done business with them the first thing I would do is pull all 3 credit reports and see if it is on yours.  It is very possible there is identity theft going on.  If it is reporting then you file a police report and FACTA report notifying of identity theft.  That gives you a gold plated defense to the suit.  If it is not reporting and they have sued the wrong Denise Smith then you have a different approach to defend this which includes a counter claim for an FDCPA violation that they sued the wrong party.

Virginia does not require they attach evidence or proof to the complaint when filed.  That is produced in discovery or at trial.  Do not focus on this as it is not relevant.

Hi Clydesmom, thank you for your help. I just checked all 3 reports and Jormandy LLC / Flexshopper is not anywhere on any of my reports. 

 

So my next step is to go down to the courts and counter claim for an FDCPA violation that they sued the wrong party, correct? 

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19 minutes ago, dsmith86 said:

Hi Clydesmom, thank you for your help. I just checked all 3 reports and Jormandy LLC / Flexshopper is not anywhere on any of my reports. 

 

So my next step is to go down to the courts and counter claim for an FDCPA violation that they sued the wrong party, correct? 

No. File the police report and FACTA report first.

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There is a difference between saying an account is not yours and filing a police report. 

When you file a police report for possible identity theft, you are filing with threat of a criminal penalty if you are lying.  

If you just say to the judge “this is not my account “, maybe he will and maybe he won’t believe you.  

If you go to court with a police report, you have much more credibility.  

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