Baddog Posted May 6, 2021 Report Share Posted May 6, 2021 Just got served for a Prosper/Web Bank account almost 6 years old for $5000 that was bought by CACH 5 years ago. The summons has not been filed in court yet but it does have a date to answer by. The law firm handing this is Machol & Johannes. This is the 3rd time over the past 5 years they have served me with one of these for this same account, the other two they never filed the actual suit. My guess is they are using these as scare tactics, this one though I think they will file since the SOL is up in 2 months. The previous 2 times I called them and told them I am on SSDI and both times they said that they wouldn't file because I was 'uncollectable'. This time I emailed them and told them once again I was on SSDI, am recovering from cancer surgery and had no other income. A few hours later someone called from their office and said she was not an Attorney but wanted to let me know they received the email and to make sure I respond to the court before the date on the summons. I am not planning on ignoring this but I have a few questions. Since they have not yet filed the suit should I still file an answer with the court including a MTC for arbitration? I am assuming if/when they do file I will not receive any other notification. Does the fact that they have previously sent these to me violate FDCPA? I'm guessing not but it doesn't seem right to me that they can keep serving me over the course of years with suits that have not been filed, it feels like harassment. Any help would be appreciated! Quote Link to comment Share on other sites More sharing options...
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