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Machol & Johannes

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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?




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #1 First check your county court and see if this case as in fact be
Tue, 01/25/2011 - 13:32

First check your county court and see if this case as in fact been filed.

If so, then immediately file your answer....the summons should have a numbered list, you will want to answer each of these with agree/disagree/without sufficient documentation to agree or disagree.

Then during the discovery part you will want to send a set of demands for all documentation.

We can help you further once we know if it is in fact a real summons.




denvergirl
Posts: 3
Credits: 311.4

Sub: #2 I called the county court office and they do not have any cases
Wed, 01/26/2011 - 15:39

I called the county court office and they do not have any cases filed under my name but she did say to check back next week again.
Is it common for a summons to be delivered before there is a case filed?
Should I call M&J and talk with them directly? From what I've read on here that doesn't usually go over so well, sometimes makes things worse. If I call can I record the conversation and use it in court?
Should I go ahead and try to get legal aid any way? I found a service in denver that offers legal aid to people with low incomes, like me, but there is a long waiting period.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #3 We would need to know what state/county you are in to look up ru
Wed, 01/26/2011 - 18:25

We would need to know what state/county you are in to look up rules of civil procedure. Some states have different laws but in general I think a suit needs to be filed first, then the summons gets sent out. I am wondering if it is a fake summons made to scare you into a payment.

I would immediately send out a DV....if you get it in before any case is actually filed then they acted illegally because filing a lawsuit is considered continued collection activity. Basically a DV asks for documentation to prove a few things, that the account is yours, that they are the right people to be collecting and that the money they say you owe is the correct amount owed.

You could call the clerk back and ask if it is normal for a summons to be issued without court stamp or a case even actually filed.

If it isn't...then you have a fake summons right there and that is a violation! They are using deceitful means to collect. You should include in your DV that you spoke to the county court and there is no case filed and that they are in violation. I would also complain to the state bar, the AG, the FTC and anyone else you can think of. But as I said, need to make sure it is a fake summons.




Unregistered

Sub: #4 They have 15 days to file the case. This is legal in Colorado. T
Wed, 01/26/2011 - 21:10

They have 15 days to file the case. This is legal in Colorado. They serve without a number to scare people into paying. I got one of those and they never filed. This is illegal.




kchahn
Posts: 167
Credits: 10063.25

Sub: #5 M&J accepted what I firmly believe is a fraudulent case, suppose
Fri, 01/28/2011 - 08:16

M&J accepted what I firmly believe is a fraudulent case, supposedly filed by Alpine Credit in Arvada, CO.
Alpline claims they filed in '04. State I send letters back then, and that they send verification. But NOT validation. Then, they contact me, for the first time, with a letter from Dec '09, stating account of mine reduced to judgement. All completely wrong, since I was never contacted prior!

Refuse to provide any information regarding the situation.
Filed AG complaint, twice about them. As well as an FTC complaint.
Want to contact court, and see what, if anything I can do about this bogus claim.

Just my .02 worth of experience with M&J.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #6 contact the court and look to see how you were served. Since yo
Fri, 01/28/2011 - 13:29

contact the court and look to see how you were served. Since you weren't served, file a motion to vacate based upon not being served properly.




Unregistered

Sub: #7 I just had my bank account wiped out by M & J for a Capital One
Mon, 02/21/2011 - 13:40

I just had my bank account wiped out by M & J for a Capital One card. My credit union gave me a courtesy call to let me know. I was totally blindsided by this! Should I check with my county court to see if they have any filings? (today is President's Day so offices are closed)

Totally blindsided. Thanks all.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #8 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.




Unregistered

Sub: #9 Thanks goldenbast
Tue, 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


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #10 Was it sued in your county of residence or in another county? I
Tue, 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.




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