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Borack & Associates

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PostPosted: Mon Jul 07, 2008 11:35 am Subject: Borack & Associates

I recently got a "package" by a firm of the name Borack & Associates. In it, were a bunch of court papers and affidavits. I contacted them and got a hold of Wendy Jennings. She advised me that because I missed a court date...WHICH THAT letter was sent to an address where I don't even live at! She said I missed my court date and a final judgment was going to be ruled against me in August.
Now, I requested, in writing, for a copy of the letter & return receipt of the letter, however she and her manager, Chris, said no, that it's not required of them to send me a copy of the letter or the return receipt. Any advice? Has anyone dealt with this company?

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PostPosted: Mon Jul 07, 2008 12:13 pm Subject:

Contact the court of record and obtain copies of anything that has been filed. Pay close attention to anything in regards to method of service (when and where the summons was sent). You will likely need to file a Motion to Dismiss on the basis of improper service. Might not make it go away but it should give you an opportunity to fight.
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All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 10, 2008 7:41 pm Subject:

Hi there, i recently dealt with these people and they really do not have it all togather. Apparently, they brought a case against me but I, too, never recieved a summons. I got a letter in the mail (which was forwarded from my old address) that there will be a hearing to dimiss the case due to lack of prosecution. I didn't attend the hearing but i called the courts and they case was dismiss.

In the middle of this, i called them to try to find out the orignial creditor was but they were very unprofessional and couldn't give me any information.

the case was dismiss but i am not sure if they will try to find me again. i spoke to a lawyer today and he told me i should send them a debt validation letter. i will work on that.

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PostPosted: Mon Jul 14, 2008 12:28 pm Subject:

I am trying to file a motion to dismiss default judgment, however I cannot find a template anywhere to follow to write this. Anyone have any suggestions?
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PostPosted: Mon Jul 14, 2008 8:23 pm Subject:

You can find one via my signature link.
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PostPosted: Thu Aug 07, 2008 11:35 am Subject:

Hey I found a great way to get rid of those debt collectors. I paid my bills!!!!!!!!!!!!!!
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PostPosted: Thu Aug 07, 2008 11:39 am Subject:

Thanks for the spew Troll...now run along
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Texas Residents

All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Aug 07, 2008 12:05 pm Subject:

LOL - Thx Nascardevil! I needed a laugh!
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PostPosted: Mon Sep 29, 2008 7:58 am Subject:

hello all,

okay i am going down my list of creditors and this one is still lingering on. Every since the dismissal court date of the case, i have not heard anything from them.

I called sears (the OC) and i was redirected to Borack and Associates. It seems like they still have my file.

I called them this past friday to see where we are. After talking to three usless people, I found out their my "case" or "file" is close at their office and i need to talk to a particular person at the office. However, she is never at her desk and i refuse to leave a message.

What can i do at this point to clear the debt? I never DV them because i need got anything in the mail from them.

Any advice will be helpful

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