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Need Help fighting a sleezy debt collector

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Readytogo:
So here are the facts. 



OC charged off my account

-A lawfirm tried to collect a debt on me.


-Eventually they sent me a letter that stated their client has authorized them to commence a lawsuit against me and should I want to talk with them to give them a call. (The bottom of the letter states that this communication is from a debt collector and is an attempt to collect a debt)   it was dated 2/10/2012

-  A  summons stamped the next day after the other letter 2/11/2012, was received. but as I continue reading it says its dated 1/18/2012 

-I requested the affidavit of service, and it was falsified (no one by that name or age lives in my house hold).

-I've been to court twice.

-The first appearance I brought up that i was never properly served, they claimed to have served someone at my address that doesn't exist. 

-The judge took note but wanted me to talk to the lawyer aka the person that was trying to collect the debt from me. I spoke to them and i mind as well have had a conversation with the wall.

-The attorney stated they would go back and check to see if my documents i submitted were there and see if she could help me out.  What I got instead was a motion for summary judgement and unreturned phone calls.  They also submitted 7 or 8 credit card statements but never submitted a copy of the contract for which they allege  i violated the contractually required payment. 

-I wrote back a motion to dismiss due to lack of jurisdiction due to improper service.

-The judge stated in court that I had to write the last letter and address everything they brought up.  This particular lawfirm/collection agency is notorious for lying and cheating to get a judgement.   


Any help for this last letter would be much appreciated

 

Just Plain Bill:
If it was me, I also would get an notorized affidavit with witnesses stating that no process was served at my residence.

montag:

--- Quote from: Readytogo on June 22, 2012   04:23:35 AM ---This particular lawfirm/collection agency is notorious for lying and cheating to get a judgement.
--- End quote ---
Consider also a complaint with the bar association.  Most state bars take a dim view of those practices, while others (e.g. my native Illinois) are notoriously soft on lawyer misconduct.

Also as soon as the affidavit shows up, consider filing a criminal complaint (perjury is a felony) with your local public prosecutor.

howucantoo:

--- Quote from: montag on June 22, 2012   04:19:33 PM ---while others (e.g. my native Illinois) are notoriously soft on lawyer misconduct.


--- End quote ---

+1

Extremely soft, even when attorney's misconducts are borderline fraud.

Readytogo:
Appreciate the help everyone, I'm going to go ahead and get an affidavit from the only other two members of my household.   I'm also ready to report these guys (not sure how tough New York is on them they seem to run rampant). I also found it interesting that

in their motion for summary judgement they said I owed 6,055 but when they told me they said that their client had authorized them to commence the lawsuit they listed the amount as 6,203 wonder if its worth bringing up or not in the last letter I need to write.

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