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Being sued by Michael J. Scott, PC

Stormy25
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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?




skydivr7673


Posts: 2044
Credits: 57965.461082155

Sub: #1 hang on a second, you sent them a debt validation request and th
Fri, 04/30/2010 - 20:01

hang on a second, you sent them a debt validation request and they didnt validate, but they then sued? That is against the law in Texas, big time. Texas has its own state law that says once you send a DV request letter to a debt collector, they have to validate the debt within 30 days or else they cannot collect on the debt at all. I would definitely check into legal aid or speak to an attorney on this one, it looks like youre getting hosed. One more thing--when you sent the DV letter, did you send it to the lawyer or to Citibank? And also, did you send it by certified mail?




Unregistered

Sub: #2 I sent the DV letter to the lawyer. I sent it by certified mail
Fri, 04/30/2010 - 20:48

I sent the DV letter to the lawyer. I sent it by certified mail and I have the green card back. He never sent back a verification of the debt. .




Unregistered

Sub: #3 That's right, they did not respond to my debt verification reque
Fri, 04/30/2010 - 21:03

That's right, they did not respond to my debt verification request and is suing. I sent the DV letter via certified mail to the lawyer and have the green card back, but no verification.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #4 Yes, that is a big NO-NO in Texas! You can countersue them righ
Sat, 05/01/2010 - 10:42

Yes, that is a big NO-NO in Texas! You can countersue them right now for not less then $100 per violation, which right now is one. Is this listing on your credit reports? I would definitely get a lawyer if you can manage that!

If you can't get a layer (I highly suggest you try) then you can get some help here. Most of us are not lawyers, but we have experience with helping others, but remember, we are not lawyers.:)

Have you just gotten the summons? Have you filed an answer yet?




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #5 Oh a side note..Texas has excellent consumer laws, you don't hav
Sat, 05/01/2010 - 10:46

Oh a side note..Texas has excellent consumer laws, you don't have to worry about getting your wages garnished as Texas is a no garnish state (except for child support and government things like student loans) and there is a bunch of stuff that is protected from liens. However, your bank account is not protected. Were I you, I would get one of those online debit cards to keep your essential monies in like your living expenses. No matter what a judgment may say, you have the right to be able to pay your rent and feed your family!




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #6 OH How old is the debt? When was the last time you made a payme
Sat, 05/01/2010 - 10:48

OH How old is the debt? When was the last time you made a payment on it? texas also has a SOL (statute of Limitations) of 4 years....if it is older then that, then that is your affirmative defense, but you want to use that as a last ditch effort because anything protected by SOL can be taxed....you will end up getting a 1099c and have to file taxes on it like it was income. You will want to use discovery to force validation.




Unregistered

Sub: #7 Fight back
Tue, 05/04/2010 - 14:25

Hi stormy - I've had recent experience with the Michael J. Scott, P.C., firm as an attorney as a consumer. First I helped a friend respond to a lawsuit they filed. When I answered the Request for Admissions I received in a way that required them to produce a valid agreement executed by both parties, they non-suited (that means dismissed) the case. Then, I received a collection letter from them on some debt. I too have gone through the process of demanding they validate the debt (which they can't). DO NOT LET THEM GET AWAY WITH THIS - Do not let them get a default judgment against you. If he screws up with me, I plan to sue him and his firm. GOOD LUCK!




skydivr7673


Posts: 2044
Credits: 57965.461082155

Sub: #8 Maybe the OP should contact Bud Hibbs and seek some local advice
Tue, 05/04/2010 - 17:17

Maybe the OP should contact Bud Hibbs and seek some local advice on how to get rid of these guys.....




Unregistered

Sub: #9 I want to thank everyone for your help and suggestions. You guy
Tue, 05/04/2010 - 18:52

I want to thank everyone for your help and suggestions. You guys are awesome. I have found an attorney to help me with this. The debt is 7 months delinquent. They didn't waste time suing. Citibank jacked up my rates from 8.99% to 30% and I was carrying a large balance when they did that. They tripled my monthly payment making it impossible for me to continue paying it. As a result of all of this my 790 credit score went to 546. I feel so bad over all of this.




Unregistered

Sub: #10 I am going through the exact same thing with this firm. I have
Tue, 06/22/2010 - 15:40

I am going through the exact same thing with this firm. I have hired an attorney and we're moving forward but I'm having trouble finding case law that supports the statement made above about them not being able to collect if they didn't validate.

I know the law says they have to validate and can be sued for not less than $100 (they have also violated several other parts of the Texas law that is actionable under the deceptive practices statute) but I'm wondering how many of us need to be "similarly situated" before we can put a stop to the way they do business.

I don't care about getting any money personally -- I just want to put a stop to them.

Any ideas or help with that case law would be appreciated.




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