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apothaker and associates



atonywilk

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Sub: apothaker and associates
Tue, 13/10/2009 18:07

I was served by the sheriff with papers stating that i was being sued for old Providian debt. I checked the county court's website and seen my name. The sheriff advised that I had 20 days to respond. In the meantime a letter from Midland Management arrived in the mail stating the same debt and Apothaker has been calling my house. Should I speak with them about payment arrangements or should I receive something else stating a court date? Any advise is appreciated.



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Sub: #1 hello all today i recieved civil suit papers by a private serveTue, 10/13/2009 - 18:07



hello all
today i recieved civil suit papers by a private server . he just left them on the step and said to a person other than me here these are hers ... He did not even give them to me diirectly. I am being sued from a lawyer for a company that bought this old charged off debt... The funny thing is that the original company- providan has sent me a letter stating that they have closed my account and that they have removed it from my credit account . BTW what does SOL mean .
Please can someone help me.


Unregistered

Sub: #2 Well I went to court this morning. I believe the lawyer didn't wMon, 08/24/2009 - 11:56



Well I went to court this morning. I believe the lawyer didn't want me to stand up in front of court and say anything after he realized that I now know what I'm talking about regarding debt management cause he basically was trying to throw the money that was levied at me and just get me out of the courtroom. I also then told him that I requested debt validation when they levied it and he then said oh well the paperwork might not even exist and I told him that that was his problem then wasn't it. So this should be done. Thanks for the help!


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Sub: #3 Ok so now....Thu, 07/23/2009 - 17:00



So I files that motion to vacate default judgement. And now today I got a letter from the lawyers for a notice of motion for turnover for the monies they levied from my bank account. Don't they have to wait to do that beings I filed the motion to vacate? What do I do now?


Chrys Henderson
Chrys Henderson

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Sub: #4 Wow, what a coincidence! They will have to sue you again andTue, 07/07/2009 - 03:31



Wow, what a coincidence!

They will have to sue you again and that is where you would argue the merits of your case and consider a possible countersuit.

You didn't get the dunning letter because of the fraudulent signature by the resident that the letter(s) was/were mailed to (I'm thinking that it was sent to that address).

As far as SOL, that is a valid defense to dismiss the case with prejudice, if you had to go to court. In this case, the whole case needs to be thrown out via Dismissal. It's doubtful that it would be reopened at this time.

Wow, using an over 2 year old address really points out how bad their verification procedures are!

FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.


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Sub: #5 Yeah, I actually did go and get the paperwork from the court. ThMon, 07/06/2009 - 22:55



Yeah, I actually did go and get the paperwork from the court. The address they had was from years ago. Whoever lived there 2 yrs ago signed for a certified letter from them, which was the only thing they had in the court papers. Funny thing is, is the date on the certified letter when it was signed.... I was in the hospital recovering from surgery. Soooo, I have filed a motion to vacate a default judgement. Hopefully it won't take too long beings that they did it on the 30th so they got my rent money along with all my other bills. Now, since it is now past the SOL, does that basically make them exactly that? SOL? And since I never got my 30 days for discovery, or whatever it is, can i also go after them for damages? And if so, when do I get to stick that to them? It was funny making them stutter on the phone the next day when i asked them to fax me the paperwork showing why I owed the money.... which they of course, couldn't find.


Chrys Henderson
Chrys Henderson

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Sub: #6 Check with the bank, request a copy of the order. If it was becaTue, 06/30/2009 - 23:46



Check with the bank, request a copy of the order. If it was because of a judgment, then you may have not been properly served with the Summons. Call your county civil court and find out if there were/are cases against you. If so, ask them about how to file a Motion to Dismiss Due to Improper Venue.

FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.


Unregistered

Sub: #7 Also having the same porblemTue, 06/30/2009 - 16:03



I just found out these people emptied my bank account with a levy from the county. Not sure what that means, but I have never even heard of them, talked to them nothing. So how did they get permission to put a levy on my account. I did have a Providian Visa when I was 18 but prob haven't paid on it in 6 years, due to an injury and job loss that i was never able to recover from. I called them and they said the "person I need to talk to is there" I called at 430 and they said the person left at 430, how convenient. Si now I have to call in the morning. Not sure how to go about this


Unregistered

Sub: #8 Default judgement entered - Apothekar and Assoc.Sat, 06/27/2009 - 22:26



A check with the county clerk shows that a default judgement has been entered against me. The sheriff's office showed up and served papers back in the beginning. The debt is legit. However, it's confusing because now Apothekar has sent me a letter asking for info on my assets, ssn, bank accts. In the meantime, they are still calling. am I compelled to answer their questions even though they've already recieved a default judgement against me? Also, should they go after my bank acct, will I receive notice first? I reside in PA.


paulmergel
paulmergel


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Sub: #9 replySun, 06/14/2009 - 19:10



check with the court clerk on this.were you served?what state are you in?chances are if you were not served,or served incorrectly you can get the judgement vacated due to improper service.

giving hope to the hopeless,help to the helpless,and hap to the hapless.


Unregistered

Sub: #10 A default judgment has been entered against me for Providian creSat, 06/13/2009 - 22:28



A default judgment has been entered against me for Providian credit card debt. The attorneys were Apothekar and Assoc. I just received an Interrogatories requesting information. In the meantime, Apothekar is still calling. Should I answer the interrogatories? Or try to make payment arrangements?


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