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Machol & Johannes



Unregistered

Sub: Machol & Johannes
Sat, 13/08/2011 18:41

A summons was slipped under the door of apartment by these guys yesterday. I have no idea how they got in the building or past security. The summons has no case number and is not signed or stamped by the court. It says that the plaintiff is Central Collection Service, Division of Finance and Procurement, State of Colorado as an agent for Front Range Community College, an agency of the State of Colorado. And it says the attorneys for the plaintiff are Machol & Johannes. This was a $4700 debt I owed to FRCC becuase I hadn't finished my classes one semester so my pell grant did not go through and they are now asking for the money that they had given me in anticipation of that grant. That is fair and when I first became aware of the debt a year ago I wanted to start paying it back but there was a lot of confusion as to exactly how much I owed and for what. I've been waiting for paperwork front the school that never came. I should have been more proactive about it because now these guys have gotten a hold of it and tacked on $2000 in collection fees and the total is now almost $7000.
From what I've read here these guys are scum bags who will do anything to get this and even more money out of me. How can I protect myself? My court date is in March so I have a couple of months. I can't afford a lawyer. I am a waitress. I make $4.85 an hour. I have $25 in my checking account right now. I am in no position to start making payments of any kind on this debt or offer anything for settlement. It sounds like they have been garnishing peoples wages here but I have nothing to take...$4.85 and hour. I don't own anything, no house, no car, not even a television. So what should I do?



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Citizen
Citizen
Posts: 3
Credits: 290.65

Sub: #1 Doing that.....will see how it goes. I'd say more but I wouldn'Thu, 03/31/2011 - 03:27



Doing that.....will see how it goes. I'd say more but I wouldn't doubt if collection attorneys troll this board. But "sewer service" is apparently common with this law firm....I suspect they know or should know what is going on with the process servers they hire.


goldenbast
goldenbast


Debt Samaritan
Posts: 2751
Credits: 37918.071305235

Sub: #2 You should do what was suggested above..contest it!Tue, 03/29/2011 - 08:14



You should do what was suggested above..contest it!


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Citizen
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Credits: 290.65

Sub: #3 Please Please Please. Machol and Johannes obtained a defalut jThu, 03/24/2011 - 22:08



Please Please Please.

Machol and Johannes obtained a defalut judgment against me with no service. If you click on my name you can find another post by me in regards to this. The Affidavit of Service was a complete and total lie. If the original poster who is dealing with Machol and Johannes could contact me directly that would be great. We may be dealing with the same process server and I've learned a few things about him and his company. I don't want to post too much here for now but would love to talk with you.

I'm for real...and we both maybe should talk before I go to the Attorney Generals office of the local police.


goldenbast
goldenbast


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Credits: 37918.071305235

Sub: #4 Fill out and file that motion citing improper service. They canThu, 03/03/2011 - 19:44



Fill out and file that motion citing improper service. They can't just leave the summons on your doorstep and no one can verify who you are....it has to be served to you or someone in your household (over the age of 16) for it to be properly served...at the very least they would have had to serve you with certified mail if the claims they are making are true.

Contest it. Explain that at no time did you ever speak to a process server and that your neighbor would have a hard time verifying you since they don't even know your name.

When the judgment gets vacated immediately send them a dispute letter....if they try to sue you again while under a DV, you can counter sue them for the violation..they have to validate before they can file again.


Unregistered

Sub: #5 goldenbast: Please see below. Thanks!Thu, 03/03/2011 - 18:06



goldenbast:

Please see below. Thanks!


Unregistered

Sub: #6 To add a couple of thingsMon, 02/28/2011 - 14:18



Also: My original debt to Capital One is for $1,100 and now M&J wants over $2800 and I NEVER WAS SERVED or even saw any papers a process server left "on my doorstep".


Unregistered

Sub: #7 Here's what I gotMon, 02/28/2011 - 14:14



I went to my county courthouse and got the case for M&J suing me and emptying my checking account and I never knew why. Here is what I discovered.

An "Affidavit of Service" was performed on Augugst 30, 2009 (yes that date is correct). But I never had anyone serve me. The "Additional information" section said I lived in a secured facility (that was true, I did). And that the process server called me and I told him I would not let him up (this DID NOT happen-I never received a call where I said that). Then it continues that the Process Server gained entry through a security guard (my condo did not have a security guard) who verified me as a resident (no way this happened since...no security guard). It then says the server began banging on my door and I didn't answer. My neighbor came out and verified me as the resident (funny since there was no way she could have known my name). And ID'd me as 50ish (close but over), 170lbs (not for 15 years or so!) and black/gray hair (yes-finally!). Server then announced in a loud voice that he was serving me by refusal and that he left the documents on my doorstep.

The Plaintiff is Capital One
My Q on this is: Can Machol & Johannes put Capital One if they purchased this debt?

The writ of garnishment with Notice of Exemption and Pending Levy was signed on October 13, 2009.

The Default Judgement was done on October 9, 2009.

And then my account has money taken out on Feb 18 2011...isn't that a long time to wait?

The lady at the court house also game me (without me asking) a "Motion and Order To Set Aside Default Judgement".

So my question now is basically What step is next?

Thanks.


goldenbast
goldenbast


Debt Samaritan
Posts: 2751
Credits: 37918.071305235

Sub: #8 Was it sued in your county of residence or in another county? ITue, 02/22/2011 - 12:11



Was it sued in your county of residence or in another county? If it is done in a county not your own then you can also vacate it due to to them suing you in the wrong county.


Unregistered

Sub: #9 Thanks goldenbastTue, 02/22/2011 - 11:52



I will go to the court house tomorrow when I get back in town and get copies of my case. Called my bank this morning and got the county and case #. Will let everyone know! Thanks again.


goldenbast
goldenbast


Debt Samaritan
Posts: 2751
Credits: 37918.071305235

Sub: #10 Did your bank tell you if it was a garnishment? If it was then Tue, 02/22/2011 - 09:01



Did your bank tell you if it was a garnishment? If it was then definitely call the court the second you can and ask about it. If they did sue you and you were unaware then you were not served properly. You would need to go down to the court and look at the case, see how they served you. THEN you need to file a motion to vacate due to improper service.

If it wasn't a garnishment then you need to tell the bank the withdrawal was unauthorized and you wish to dispute it immediately.


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