Author Topic: Lawyer will not return execution.  (Read 6127 times)

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pmarc

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Lawyer will not return execution.
« on: April 01, 2016 08:08:28 PM »
I live in Massachusetts. Cambece Law of Beverly Massachusetts filed an execution in 2008, representing CACH, LLC (Denver), the debt holder. The principal debt was $2600.00. A lien was placed on my house and remains today. I'd like to sell the house.

I recently negotiated and paid a $500 settlement to Malcolm Gerald & Associates (the most recent holder of the debt, and a debt collector, in Chicago) and received my receipt.

Telephone attempts by me to get Cambece to return the execution (marked Satisfied in Full) have failed. They say I'm not in their records and they're not responsible.

I need to know more about legal proceedings to handle this myself, and assume Cambece is my logical target, being the only party in Massachusetts.

Can I get strategy here?

Bruno the JDB Killer

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Re: Lawyer will not return execution.
« Reply #1 on: April 01, 2016 08:20:21 PM »
You could start by going to the courthouse with your receipt and have the clerk record the satisfaction of judgment. Then file disputes with all 3 credit reporting agencies if this is on your record as anything other than satisfied or paid. If it comes back as verified as owed, sue everybody and let them sort it out.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

pmarc

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Re: Lawyer will not return execution.
« Reply #2 on: April 01, 2016 08:51:19 PM »
My state's court has no power over the 2 parties out of state. Is it not a waste of time dealing with them? If so I need a strategy for dealing with Cambece because they're local. Additionally, they're rascals (search Cambece on this website). You can assume they will do nothing til it appears losing money is imminent. That's a lot of process, and months. Worsened if I my execution is less than perfect.

Hence the need for some exacting ideas for Cambece. Which is why I'm here :).

kevinmanheim

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Re: Lawyer will not return execution.
« Reply #3 on: April 01, 2016 08:53:56 PM »
Send their senior partner a CMRRR letter explaining the situation and asking that they resolve it.

If they don't, file a bar complaint against the senior partner.

pmarc

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Re: Lawyer will not return execution.
« Reply #4 on: April 01, 2016 09:08:29 PM »
What's the liklihood the bar will do anything? Think I should mention the bar angle in the CMRRR letter - maybe this is enough.

I'm assuming Cambece wants money they missed because I went around them.

Incidentally, I did the same with another attorney for another of my cases. He returned the execution.

Bruno the JDB Killer

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Re: Lawyer will not return execution.
« Reply #5 on: April 01, 2016 09:15:47 PM »
My state's court has no power over the 2 parties out of state.


No court has jurisdiction over lawyers unless the grievance committee sends them to court for presentment. If they are licensed to practice in your state, they are under the jurisdiction of your bar association.

Never threaten an attorney with a bar complaint, it can be taken as extortion. Just do it. Nothing may happen, but who knows. It will make them spend money defending themselves and put them on notice that you are not the typical victim.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

wombat_ma

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Re: Lawyer will not return execution.
« Reply #6 on: April 01, 2016 10:42:28 PM »
I live in Massachusetts. Cambece Law of Beverly Massachusetts filed an execution in 2008, representing CACH, LLC (Denver), the debt holder. The principal debt was $2600.00. A lien was placed on my house and remains today. I'd like to sell the house.

I recently negotiated and paid a $500 settlement to Malcolm Gerald & Associates (the most recent holder of the debt, and a debt collector, in Chicago) and received my receipt.



Hopefully you have a proof that MGA was a legal owner of the debt. By itself, the fact that you have a receipt for $500 does not mean much.
I am not an attorney. My posts here are not legal advice.

pmarc

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Re: Lawyer will not return execution.
« Reply #7 on: April 01, 2016 10:57:39 PM »
All I have is the attached.

And my phone calls followed a trail of former debt owners... all denying responsibility.... leading back to Cach LLC as the original owner (Chase Manhattan sold it to Cach). Cach sold it to Pinnacle who sold it to Gerald.

But I think the out of state fact narrows the field to the in-state party Cambece - a law firm and collections agency. I might as well look ahead and figure the only party I can do something with is the company (not lawyers per se) residing here. The Mass court will not regulate Cambece as lawyers, but as a company operating in Mass. The Mass bar as regulators of Cambece as lawyers, may, or may not, lift a finger if contacted about this matter.
« Last Edit: April 01, 2016 11:07:37 PM by pmarc »

Flyingifr

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Re: Lawyer will not return execution.
« Reply #8 on: April 01, 2016 11:11:48 PM »
I live in Massachusetts. Cambece Law of Beverly Massachusetts filed an execution in 2008, representing CACH, LLC (Denver), the debt holder. The principal debt was $2600.00. A lien was placed on my house and remains today. I'd like to sell the house.

I recently negotiated and paid a $500 settlement to Malcolm Gerald & Associates (the most recent holder of the debt, and a debt collector, in Chicago) and received my receipt.

Telephone attempts by me to get Cambece to return the execution (marked Satisfied in Full) have failed. They say I'm not in their records and they're not responsible.

I need to know more about legal proceedings to handle this myself, and assume Cambece is my logical target, being the only party in Massachusetts.

Can I get strategy here?

You have the settlement documents showing it is paid, you need to start an Action to Bar Claim against Cambece and the Judgment Creditor.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

wombat_ma

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Re: Lawyer will not return execution.
« Reply #9 on: April 01, 2016 11:14:29 PM »
All I have is the attached.


Oh my. It does not even have a signature. Does account number matches your initial Chase account number or CACH account number?
I am not an attorney. My posts here are not legal advice.

pmarc

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Re: Lawyer will not return execution.
« Reply #10 on: April 02, 2016 12:08:40 AM »
Well, we're making progress. Yes the acct # on the receipt was my Chase acct #. There is a God.

Here's the rub: who owns the judgement? I remember the owner of Malcolm saying "there was no judgement". Well, I know there was. I have the execution on my desk.

Cach just told me they sold the judgement to yet another party, Four Score Capital. Who sold the debt, at least, to Pinnacle (mentioned on the receipt). So either Pin or Four has the judgement and I'll call Monday to find out. Ha. This is almost funny. So even if I need a lawyer in the end, he'll be cheaper with this research out of the way. Thanx so far guys. Have a great weekend!

IMPORTANT: Why would the holder of the judgement decline returning it (marked Satisfied). Any reasons? Because if they do, they're in the mid-west. Out of state.
« Last Edit: April 02, 2016 12:16:24 AM by pmarc »

Flyingifr

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Re: Lawyer will not return execution.
« Reply #11 on: April 02, 2016 12:21:24 AM »
Well, we're making progress. Yes the acct # on the receipt was my Chase acct #. There is a God.

Here's the rub: who owns the judgement? I remember the owner of Malcolm saying "there was no judgement". Well, I know there was. I have the execution on my desk.

Cach just told me they sold the judgement to yet another party, Four Score Capital. Who sold the debt, at least, to Pinnacle (mentioned on the receipt). So either Pin or Four has the judgement and I'll call Monday to find out. Ha. This is almost funny. So even if I need a lawyer in the end, he'll be cheaper with this research out of the way. Thanx so far guys. Have a great weekend!

IMPORTANT: Why would the holder of the judgement decline returning it (marked Satisfied). Any reasons? Because if they do, they're in the mid-west. Out of state.

Name them ALL in the Action to Bar Claim and let them fight it out in front of a Judge. You just sit there with the Settlement Letter and proof of payment in your hand and laugh.

Why would the owner of the debt decline to send a Satisfaction Piece Because it costs money to do so, that's why.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

wombat_ma

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Re: Lawyer will not return execution.
« Reply #12 on: April 02, 2016 12:29:40 AM »

Here's the rub: who owns the judgement? I remember the owner of Malcolm saying "there was no judgement". Well, I know there was. I have the execution on my desk.

Why would the holder of the judgement decline returning it (marked Satisfied). Any reasons? Because if they do, they're in the mid-west. Out of state.

You could check online with the court at masscourts.org whether there was a judgment.

And - why would a judgment creditor (Pinnacle) decline returning it? Most likely, because they do not care - it is just an extra hassle for them and they got their money already.

Now, I have a question to ask you - could I PM you?
I am not an attorney. My posts here are not legal advice.

Flyingifr

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Re: Lawyer will not return execution.
« Reply #13 on: April 02, 2016 12:40:03 AM »
I stated there IS a judgement. I have it on my desk. You can text me in Boston....  7742781066  cell OR just call me. Easier.

I'm betting everyone's declined up to now because I haven't reached the judgement holder. I'm sure the cost to return the execution is chump change. Happy to pay it.

No, you haven't made THEM pay enough to get the Satisfaction issued. Drag their lawyers into Court to explain to the Judge whey the Judge should not declare the Judgment paid in full. Make it cost them a pile of lawyers fees and you will see how fast that Satisfaction appears in the mailbox.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

olywa

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Re: Lawyer will not return execution.
« Reply #14 on: April 02, 2016 03:06:05 AM »
What's the liklihood the bar will do anything? Think I should mention the bar angle in the CMRRR letter - maybe this is enough.

I'm assuming Cambece wants money they missed because I went around them.

Incidentally, I did the same with another attorney for another of my cases. He returned the execution.

Unlike most every other type of 'complaint' you can lodge in the world, a bar complaint is one that will ALWAYS get addressed. Frivolous or not, the State Bar WILL formally investigate every single bar complaint it receives. Frivolous or not, the attorney being 'complained' about will indeed receive a formal notice from the State Bar that a complaint has been opened on them and that they are being investigated...so yeah, a bar complaint will indeed move your issue to the top of said attorney's agenda. A well written bar complaint will get you results, and may be the correct strategy for your mess. Right or wrong, no attorney wants to be dealing the Bar association...your problem will likely resolve rather quickly after the attorney receives notice of an investigation.