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Getting sued for a JC Penney account





Sub: Getting sued for a JC Penney account
Tue, 20/10/2009 19:42

I got a call in late December from Javitch Block and Rathbone out of Cleveland in regards to a JC Penney accoutn with a balance of 1517.00. I have since joined a credit counseling program and have made two payments but they were not included as she told me they would not accept it at this law office so I set up a payment arrangement of 130 each month. I mailed a payment in January and they called me today to say the never got it and they are sueing me now unless I pay it in full I tol them I couldnt and now I wonder what I can do. What will this law suit do, do police come to the door? I wonder if I took payments directly into JC Penney would matter?
Please help.



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Sub: #4 JCPenneys used to be a fair company. However, with the advent oTue, 10/20/2009 - 19:42



JCPenneys used to be a fair company. However, with the advent of the new bankruptcy laws and code, they are sue happy as Sears. The Fair Debt Collection Act prohibits certain activities such as harrassing letters, phone calls, third party contacts, etc., If this happens, you have a substantial cause of action for suit. Probably the most effective way of settling debts with these large entities is to contact their corporate counsel and not some minimum wage bean counter who could care less about you and your phone call(s). Even without an attorney - Start at the TOP! dont settle for less. We are a consumer based economy and not a creditor based one. Keep this in mind when dealing with these corporations. They would not exist without our business and they have a selective memory about that. Before a collection agency get their mitts involved and even after, you have alternatives to resolution(s) on your debt. Westlaw is a great source for information provided by Shepard's that answers a lot of questions that the lay person can easily understand. Above all, do not let this dilemma affect your self-worth or esteem - that is the ultimate goal of the collection agencies and bean counters of the world - to play into honest and reasonable peoples emotions! Emotions and law do not mix! Divorce is a primary example of that. Demand, Demand, Demand. You are the Consumer who keeps them in business.


NASCAR_Devil
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Sub: #5 2+ year old thread Guest.Sun, 07/27/2008 - 14:55



2+ year old thread Guest.


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Sub: #6 The reason you are sent directly to Javitch, Block and Rathbone Sun, 07/27/2008 - 14:35



The reason you are sent directly to Javitch, Block and Rathbone is because JC Penny has retained the law firm and you have to talk to the law firm due to client atty laws. Even if you skip the account thing on the phone, once the file is brought up it will have a flag and you will be told to call the law firm. Payments would have to be made through the law firm in certified funds, and they will not take anything other than that, the law firm could loose its license to practice if they did


LCW
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Sub: #7 The police will not be involved. You can not be arrested for owiThu, 02/09/2006 - 13:09



The police will not be involved. You can not be arrested for owing a debt. If they sue and win a judgement, you will have a court ordered payment which must be paid. Failure to pay as ordered could cause you to be arrestedm,but for contempt of court (by ignoring the order), not for owing the debt.

The Fair Debt Collections Practices Act prohibits the use of threats of arrest to collect debts. If they have done this, consider filing a complaint with your state bar association or disciplinary board as well as the Federal Trade Commission. If the firm is based in another state files a complaint iwththe Bar Assosiation Disciplinary Board in that state as well.

Th fdcpa applies equally to collections attorney as well as collection agencies.

The court will (if you respond) look at your income, debts, etc, and arrive at what the court deems to be a fair payment amount. Or the court could order you to pay in full. What ever you do, if they do file suit, Make sure you respond in some way, do not just let the court date come and go and not respond or show in court. If you do not respond or show up in court, they will have a judgement in default, and you will have to pay the full amount.

Having a judgement gives them additional tools to use in collection such as wage garnishments, and property leins.

By responding you may have a better opportunity to arrive at a settlement, have the suit dismissed all together, or other alternate arrangements. While they may still win a judgement, it may be more favorable for you than accepting a judgement in default.

The summons from the court should have instruction on how you may respond to the complaint.

IF you are able to make another payment arrangements witht his firm, I would reccomend you consider the added expense of using money orders, and sending payments Certified Mail/Return Receipt. This may be a little bit of overkill however since you are dealing with a law firm that seems all to eager to sue, you will have documentation of the payment (money order receipt) and documentation that you mailed at and they received it (the certified mail receipt and the signed delivery card) even if they do not cash it.

Experience is something you don't get until just after you need it.


TMD
TMD
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Sub: #8 Rathbone...what a creapy name Call JC Penney...do not put in Wed, 02/08/2006 - 12:35



Rathbone...what a creapy name

Call JC Penney...do not put in your account number so that you do not get the automatic transfer, then get a representative and ask for the recover dept phone number...they probably have your account. Call them and try to get more info from them. I have done that before with other accounts.


david
david
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Sub: #9 You can pay the debt to JC Penney only if they have not sold theWed, 02/08/2006 - 11:28



You can pay the debt to JC Penney only if they have not sold the debt to this collection agency. Explain your problems to them and make payment arrangements. JC Penney will then take the accounts back from Javitch Block and Rathbone.

Do you have the credit counseling company involved in any other accounts? If not, you should end the contract signed with them to avoid any possible mishaps.

Read the summary thread on Allied Interstate


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Sub: #10 Thanks for your reply. that is exactly what I told them I wouldWed, 02/08/2006 - 08:54



Thanks for your reply. that is exactly what I told them I would do I even offered to send it priority mail but she just said what good would it do as they are in the process of filing suit. should i send the agreed amount anyway or take it into JC Penney?


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