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Being sued by Michael J. Scott, PC



Stormy25

Sub: Being sued by Michael J. Scott, PC
Sat, 27/10/2012 18:43

I am being sued in Texas by Michael J. Scott, PC for a Citibank debt. I sent a debt verification letter but they never responded to that. Instead I get a lawsuit. I thought they had to verify the debt before continuing collection efforts. I am new to all of this and not sure what to do. Does anyone have any experience with this law firm?



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Sub: #1 Michael J ScottSat, 10/27/2012 - 18:43



[COLOR=black]Be very careful,[/COLOR]
[COLOR=black]there are a group of lawyers working together, ones file a law suit and the others contact you to defend you, but they all are together in this legal scam.[/COLOR]
[COLOR=black]Please contact " The Attorney general Office ???and speak with them about this practices ,it is illegal ,they have nothing against you , they trying to scary you and make you pay.[/COLOR]
[COLOR=black]Others lawyers involved are Ciment,Heston,Garza and many others.[/COLOR]


Unregistered

Sub: #2 Follow-up to lawsuit filed by Michael J. Scott, item #120Tue, 09/11/2012 - 15:46



[LEFT]I did send them a debt validation letter asking for them to give me more information on the debt... they replied that they didn't have to do that, and was ready to file a suit if I didn't contact them. They did file the suit shortly after.

Ok..... I received a court date of September 11, 2012. A little over a week ago, I received a letter from the local court saying that Michael J. Scott had asked for a Continuance, but the judge denied it. (That was faxed to them on August 30, but on August 31 the judge denied the continuance, and said the trial would still stand on September 11.)

Meanwhile, Thursday, September 7, I call their office to see if I we can come to an agreement on a settlement. I offered 20%, (which would be about $300 on their new amount of about $1500, based on original debt of $1137 and costs) and she basically laughed at me..... countered with over $900. I said I just couldn't do that much, and she said she would talk to her supervisor. I called back that evening, and got their bottom line offer of $752 and change... basically 50%. I said I just couldn't do that, I just didn't have the money, so I would see them in court on Tuesday.

Little did I know, that on September 4, they had filed a "non-suit" ..... basically dropping the suit? I didn't find that out until I showed up in court today. I guess it wasn't worth them driving from Dallas to just north of Austin, TX... although, there was a "local counsel" representing his firm on other cases. One he lost, and one he won.
[/LEFT]

So..... that one is taken care of, and I still have another in a week that I don't know what to do about... it is for $5200 original debt, and I didn't send ANY validation letter or any answer to their questions, so I don't know if I have a snowball's chance on that one. For that amount of money, I'm sure they will pursue it. This is with a different lawyer, one from San Antonio, which is just 2 hours or so south of us.


Unregistered

Sub: #3 I am getting flyers/notices from law firms claiming (based on whTue, 08/14/2012 - 16:45



I am getting flyers/notices from law firms claiming (based on what I/they could see in the court website) that they can help me to file bankcruptcy. I have not got any official letter/document in mail. Will I get any mail by certified mail or sent by process server/court? I hope they drop in the lawn claim that they delivered it to me? How this process works?. I am in the process of finding an attorney. I have no money and I cannot afford to pay or settle this case.


SOAPLADY
SOAPLADY


Debt Samaritan
Posts: 17122
Credits: 389267.24832917 Send message to SOAPLADY

Sub: #4 Do you have a defense? A valid one? Being unemployed is not a Mon, 08/06/2012 - 14:35



Do you have a defense? A valid one? Being unemployed is not a defense.

You need to call them to see what can be done. They will more than likely ignore written requests.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Unregistered

Sub: #5 :( I am being sued by capital one card debt (my business which iMon, 08/06/2012 - 14:26



:( I am being sued by capital one card debt (my business which is not doing good and no money). I also between jobs on and off.

I cannot afford attorney and how I can deal with this situation?

Can I represent myself? Is it okay to contact this guys by email to explain my financial situation and my inability to pay? or should I answer only to court after I receive the summons?

frustrated.


Unregistered

Sub: #6 re:being sued by Michael J. ScottThu, 05/31/2012 - 09:55



In the court notice you have been served, there is a Reply (or Answer) questionnaire. That is your response to the law suit. You have about 15 days from service to file a response at the court clerk's office, or you lose right away.

Assuming that you have filed your response, you will receive a letter from the court for a hearing date.

Michael Scott's strategy is to hope that you won't show up. A few days before the court date, you will receive a mail from Michael Scott's office, containing his Motion in the Court for Continuance. Basically. he would be requesting another date from the judge, with an excuse that he has to complete some "recoveries".

That is a non-sense. Since he represents the plaintiff, he should have everything before suing you.

And this is your best chance to get the case dismissed.

What you need to do is, write your own motion on a plain paper, stating that if there are no recoveries, and plaintiff had plenty of time before suing you and after suing you, that Continuance may be denied and a trial should be held.

A Couple of days prior, fax a copy of this Motion to Mr. Scott's office. This is important.

Michael Scott (or his assintant) comes to the court taking for granted that their motion for Continuance will be granted. At the point, you can ask them about their so-called "recoveries". What are they trying to recover that they were unable to before suing or after? Why is that recovery so important that a Continuance is being requested, but was not recovered prior to suing? You can also say that it will be hard for you to take off from work if Continuance was granted.

9 out of 10, the attorney in the court will not be familiar with the case, and say that he was not ready for trial. There is a huge chance that the case will be immediately dismissed.


Unregistered

Sub: #7 phone callWed, 05/23/2012 - 03:36



My husband got a call from this company today stating they were going to sue us if we did not pay them. It is a capital one account that started off as a $500 limit, but is now up to $1800. They said they will settle for $1400, with a down payment of $600. We tried to do a settlement with capital one, but they would not do it. We do not have the money to pay them $600 and do not want to be sued. We have not received any letters, can we ask for a letter of validation?


SOAPLADY
SOAPLADY


Debt Samaritan
Posts: 17122
Credits: 389267.24832917 Send message to SOAPLADY

Sub: #8 Quote:The introductory paragraph says: "You have been sued. YoFri, 05/18/2012 - 11:19



Quote:
The introductory paragraph says: "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 am on the Monday next following the expiration of ten days after you were served this citation and petition, a default judgement may be taken against you for the relief demanded in the petition."

So... when do I need to file the written answer?


10 days from now.

What is your defense for the written answer???Do you have a valid defense?? Answering that you were unemployed is not a defense.
How much do you owe in total? You may want to consult with a bankrutpcy attorney.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Unregistered

Sub: #9 being sued by Michael J. ScottFri, 05/18/2012 - 11:07



Ok... a couple of days ago I was apparently served papers. They look official, but I've never been sued before, so I don't know the procedure. She didn't have me sign anything, it was just a woman in casual clothes.

There was also a yellow card attached saying "It isn't too late to settle this matter out of court" ..... and urging me to call his law office.

Was this a ruse to get me to call him, or can cards like that be attached to the papers?

The introductory paragraph says: "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 am on the Monday next following the expiration of ten days after you were served this citation and petition, a default judgement may be taken against you for the relief demanded in the petition."

So... when do I need to file the written answer?

It was originally a debt through HSBC, now held by VION Holdings... and the SOL has not expired. Due to 2 1/2 years of unemployment, I defaulted on a number of credit cards..... I paid as long as we could, but about 2 years ago, the money ran out.


crysv39
crysv39
Posts: 2
Credits: 136 Send message to crysv39

Sub: #10 Hello, I read some posts and I was hoping I could get some advTue, 05/15/2012 - 09:35



Hello,
I read some posts and I was hoping I could get some advice, I am apparently being sued by him but I haven't been served and have not been contacted by his office either. I received a letter in the mail this morning from an different attorneys office wanting to represent me in my lawsuit against Michael J Scott and Capital One. I don't know what to do at this point. The letter included a case number that they got from the El Paso country district Court and I looked it up and sure enough I am being sued. What should i do at this point? I got the CC when i was fresh out of High School and couldn't continue making payments on it so I'm sure what they're saying i owe is accurate but what can i do? Will he accept payment plans before pursuing through court? If you could help I would greatly appreciate it.
Thank You!


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