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Wolpoff & Abramson

So my fiance received a "letter" from these yahoos. After we researched W&A, we decided that this was definitely unethical and he's never owed this debt at all, the papers that were with the letter saying "come to court this date or else" were so obviously faked I had to laugh.

Though, to the unknowing, I could see them getting caught up in it and not thoroughly researching it (most likely the ONLY way these guys get their money).

Now, I've already drawn up a "show me the proof" debt validation letter (and will be sending it Fedex with signature confirmation and tracking #).

What I need help with is drawing up a letter to send to our Attorney General (VA) informing this state of this practice. I plan on making copies of the papers received and drawing up a letter of complaint to the AG.

Any assistance anyone?

What if W&A do not respond before the court date (May 14th at 10am)? Do we still show up? Do we call the courthouse to verify that we have a court date set?

Thank you all.




JCEMT

Posts: 2935
Credits: 19200.35

Sub: #1 I would suggest verifying with the court that a suit was filed.
Thu, 04/10/2008 - 17:45

I would suggest verifying with the court that a suit was filed. If it has you need to show up, otherwise they will receive a default judgment. I have a debt validation letter template you can access via my signature, feel free to use it if you like. Instead of paying (probably) the much higher amount that FedEx will charge you can send it USPS certified mail, return receipt requested.

At the very least you can use the items requested in my validation letter for a checklist of items to ask for during discovery. If they cannot provide you with sufficient documentation to prove that this debt is yours and they have the right to collect on it you can motion to dismiss the case with prejudice.

Regards
JCEMT




JCEMT

Posts: 2935
Credits: 19200.35

Sub: #2 If you have any further questions please feel free to ask.
Thu, 04/10/2008 - 17:45

If you have any further questions please feel free to ask.

Regards
JCEMT




Unregistered

Sub: #3 Thanks!
Wed, 04/23/2008 - 14:16

Well we sent a debt validation letter asking for proof of debt, etc, and sent it with tracking/return receipt. We tracked it and they received it four days later (sent it on a Friday they received it Monday or Tuesday).

Well we come home today and see "court documents" yellow bag, this time with the information and a case # written in pen.

They have yet to send him any validation.

I assume we should keep all documents and the copy of the receipt of the debt validation letter for the court date (May 14th).

Shouldn't the warrant in debt be notarized (i.e. embossed?)? Shouldn't the case # be typed on?

Thank you so much.




JCEMT

Posts: 2935
Credits: 19200.35

Sub: #4 First I would suggest checking your local court house to see if
Wed, 04/23/2008 - 14:28

First I would suggest checking your local court house to see if the summons is real. If it is then you need to file your answer before the due date. (speaking of which, check with the court house when the due date is so you can make sure they don't try to cheat you and get a default judgment) Where they state in the civil complaint that you owe this money or anything that would say that the account is yours answer that you do not have sufficient information to confirm or deny. During discovery request the same information you requested for validation to determine if they own or manage it and are able to legally collect on it. If they cannot provide sufficient validation then motion to dismiss with prejudice.

Regards
JCEMT




JCEMT

Posts: 2935
Credits: 19200.35

Sub: #5 Also you can request assignment contracts or bills of sale that
Wed, 04/23/2008 - 14:30

Also you can request assignment contracts or bills of sale that trace it back to the original creditor. Without a strong representation of the chain of custody it's hard for them to prove their case.

Also if you could answer the following questions I may be able to better assist you.

1. What type of debt is it?
2. When was the last time you paid on this debt?
3. What state do you live in?

Regards
JCEMT




JCEMT

Posts: 2935
Credits: 19200.35

Sub: #6 Also they did hand you one thousand dollars with continued colle
Wed, 04/23/2008 - 14:31

Also they did hand you one thousand dollars with continued collection activity (the lawsuit) after you disputed the debt.

Regards
JCEMT




Unregistered

Sub: #7 We did look
Wed, 04/23/2008 - 14:52

on the court website and did see his name there with the case number... actually... the one written case number on the paper dropped off at the house was only a partial. the one on the website had some additional letters.

What was on the doorknob today is only a copy of what was sent some time ago, only with some pretty red stamp and a written case number.

This is in the state of VA and is an attempt to collect on a credit card debt.




skydivr7673


Posts: 2044
Credits: 58013.665337004

Sub: #8 ok, this is not necessarily a violation of the fdcpa. The thing
Wed, 04/23/2008 - 15:17

ok, this is not necessarily a violation of the fdcpa. The thing is this-it sounds to me, from what you have said, that they had already filed this case with the court before receiving your DV request letter. If so, then no law has been broken, yet.

To find out whether this is a violation of the law or not, you need to check with the court clerk's office, or possibly that website will have it--you are looking for the docket detail for this case. It will list the date that they filed the complaint with the court. If that date is AFTER the date they signed for your DV letter sent by FEDEX, then yes, they broke the law. And, you can often have a lawsuit thrown right out of court when it is filed illegally. Not always, but often the judge will kick it out because they willfully broke the law.

If they filed it before the date they signed for your letter, then they did it legally.

Have they provided any information about this debt? Such as, when this debt was incurred? If you could post up any such info about this, we may find something that can help you there. But you definitely do NOT want to skip out on this court date. If he doesnt go, they will win by default and even if he doesnt really owe this money, they will get a judgment against him.




Unregistered

Sub: #9 The website says it was filed April 9th, 2008. We sent the DV l
Wed, 04/23/2008 - 15:26

The website says it was filed April 9th, 2008. We sent the DV letter April 10th or 11th and they received it April 14th, 2008.

The only thing I see on the "Warrant In Debt (Civil Claim for Money) regarding a date is

Claim:

Plaintiffs claim that defendant owes plantiff a debt in the sum of $5595.47 and ___ attorney's fees, $48 costs and interests as follows:

6% per annum from 12/29/2005 until judgement and thereafter at judgement rate of interest with the basis of this claim being "Open Account".




Unregistered

Sub: #10 On an attachment I read: LPYMT DT 12/29/05 OPEN DT 08/01/95
Wed, 04/23/2008 - 15:28

On an attachment I read:

LPYMT DT 12/29/05
OPEN DT 08/01/95
CHRG OFF DT 01/16/04
PURCHASE DT 10/19/07




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