Author Topic: Velocity Investments LLC and local attorney  (Read 7091 times)

0 Members and 1 Guest are viewing this topic.

Pauligirl

  • Valued Member
  • Posts: 3
Velocity Investments LLC and local attorney
« on: June 21, 2008 09:23:19 AM »
Hello all,

I have an interesting situation that I'd like to share. And hopefully some of you can share your insight on this peculiar matter. I'll give a chronological run down on my awareness of the situation.



Late April of this year I received a notice in the mail from Chase Bank that Velocity Investments had served them with a subpoena for disclosure of employment, banking, asset information. A copy of the subpoena was enclosed with the letter which is a good thing because I had never heard from Velocity or the local collection attorney who requested the subpoena.



Later that week with case number in hand I run down to the ciruit court paranoid that one of my old debts (out of SOL) got a judgment against me without my knowledge. The only thing the court clerk could come up with regarding the case number was a Dismissal Non Service/No Progress order from Oct. of the previous year. This is strange.  What exactly was dismissed? And why is Velocity and this local collection attorney attempting to get a hold of my private information if this situation was dismissed six months prior? hmmm... I had never heard of Velocity before and the local attorney sounded kind of familiar so I decided to pull a copy of my credit reports. It had been three months since I looked at them. Something must be going on. Sure enough...I see two hard pulls that weren't there when I had last glanced at my Equifax report. Both from the local attorney representing Velocity. One pull in Oct five days after the court dismissal and another in April of this year.



I had an attorney working on another case of SOL debt so I hired him to quash the subpoena with sanctions.  I was thinking of handling the matter on my own but couldn't find enough information about quashing. Plus I figured I'd get my attorney fees back with the sanctions. Well, well, well...I recently got a letter from my attorney stating that the judge allowed the subpoena to be quashed but no sanctions were given. The letter also states that the next step is to sue the law firm that did this. Guess I'm kind of confused because that's what I thought we were doing in the first place! Five Benjamin's down the drain for the quashing. I've left a message for my attorney on how to we should proceed but haven't heard back. So I'm thinking I will handle this matter on my own. And hopefully save a few benjamins.



At this point I still don't know why Velocity and the local attorney were trying to gather my personal information. Or why this local attorney is frivilously accessing my credit report. To me this is akin to rummaging through my panty drawer.  And the thought of these jokers possibly having had access to my personal banking information gives me the feeling of being naked in a large crowd. I'm very upset and feel violated. Running down the street nude would've been less traumatic than dealing with this situation.



I plan on going to the court house again on Monday and insisting that I get copies of whatever it was that was dismissed. With that information I'll know what debt they were pursuing. I think.  I have one sol debt (charged off $564/current balance $1200) that could possibly be related to why Velocity and the local attorney wants my information. This debt has continually been listed on the cr's as Citibank.  Although something is fishy with the dates of last delinquency. Equifax report that I pulled in March stated first delinquency 5/2001 and the report I pulled yesterday says first delinquency is 11/2001. Re-aging a debt by six months is strange. SOL for this type of account is six years in my state. Perhaps for some reason Citibank wants to keep it on my report an extra six months just for fun? I dunno.



I'd like to sue as I had originally planned. But I'll do it on my own since I think my attorney would want more $$ and he seems kind of busy anyway. However I don't understand what my attorney means when he mentions "the law firm that did this". Ahhh...maybe I do! I'll have to sue the local attorney who has his own junk debt business. This could be because this fella's name in the person requesting box on the subpoena.




I'm hoping that I'll be able to sue this attorney for the fees that I incurred for the quashing AND for the violations. Issuing a subpoena without cause is one violation.  I would also think that accessing my credit report could be a violation of the Fair Debt Collections Practices Act. There are likely other violations as well.  And perhaps Velocity and Citibank have accumulated violations as well.



I've done a lot of web searching and haven't found anything similar to my situation. Also haven't found much regarding Velocity or the local attorney and his junk debt firm. It seems he collects junk debt for those who hold the junk debt. Hmm...strange. I haven't mentioned his name or firm because I simply haven't found any complaints about him on the net. Guess I could be the first, hehe.  I have sent a complaint to the FTC about Velocity.



So what do you all think about this situation?  Any comments and guidance would be appreciated. I understand how to look up the laws and interpret them the best that I can. Where would I go to educate myself on how to write up subpoenas and other court documents? I assume I could handle it all in the district court?

Thank You!





Pauligirl

  • Valued Member
  • Posts: 3
Re: Velocity Investments LLC and local attorney
« Reply #1 on: June 21, 2008 09:46:11 AM »

I just noticed an error in my above posting.  I referred to Citibank when it should have been Capital One.


I have one sol debt (charged off $564/current balance $1200) that could possibly be related to why Velocity and the local attorney wants my information. This debt has continually been listed on the cr's as Citibank.

Hard to believe these junk debt collectors are going after a piddly amount. If indeed this is what they were after. Guess I'll find out when I get to the court house and demand the mystery document.

Pauligirl

  • Valued Member
  • Posts: 3
Re: Velocity Investments LLC and local attorney
« Reply #2 on: June 23, 2008 06:52:27 PM »
No one has any comments or ideas?  Maybe I was too wordy with my explanations. :-\

maylaur

  • Valued Member
  • Posts: 1232
  • I donated!!
Re: Velocity Investments LLC and local attorney
« Reply #3 on: June 23, 2008 07:01:34 PM »
The site has recently been experiencing difficulties.  I'm sure some of our knowledgeable members will be here to offer their expertise when they can.
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

ghost

  • Valued Member
  • Posts: 1274
Re: Velocity Investments LLC and local attorney
« Reply #4 on: June 23, 2008 08:17:14 PM »
I would say the FDCPA for using a false or misleading method to collect a debt and the FCRA x 2 for obtaining your consumer report under false pretenses and for obtaining your consumer report without a permissable purpose.

I can't imagine they can go around throwing subpoena's at everyone either if there is no active case pending.
Lets do this

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 6832
  • Thank you Sears, NCO, AA and the rest for my toy
Re: Velocity Investments LLC and local attorney
« Reply #5 on: July 08, 2008 08:44:16 PM »
You also have a FDCPA violation for using documents that simulate legal process. Here's the reasoning:

1. Suit was filed, but was dismissed in October 2007
2. In April 2008 the attorney issues a subpoena claiming the pending litigation as legal basis for the subpoena. After all, if no lawsuit is pending, what basis does a subpoena have, since you can't use court methods to prosecute a matter that is not before the court.
3. That subpoena, not having any actual litigation behind it, is not a valid subpoena, but simiuates one, in violation of FDCPA.
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.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

 

credit