Apothaker and Associates - do I need to answer my summons?

For all to know I did answer my summons with the help of the forum and I am eternally grateful.

NOW I was googling Apothaker & Associates to see what makes them tick. Low and behold I'm starting to pull up cases and docket numbers all filed here in PA for a federal statue on consumer credit. One of the cases has the plaintiff's attorney. I'm sitting here wondering if I should contact the attorney. She did leave a phone number and email. Would this help?

I would appreciate your thoughts.

Moki

If you can afford an attorney, don't wait. It's pretty tough to individually deal with these crooks who often manipulate the laws. Look for some free legal assistance in your area. You will have some ideas on your next move.

I agree Moki, if u have a phone number and/or email get in touch with em! I'm sure they'd love to hear from ya! Who knows u might end up getting $$ from the CA! ha ha
Sweet justice,
Ang

moki--

first, I am glad we could help you out. Please keep us updated.

Ok, this attorney would likely be a really good idea. For one thing, this lawyer is already familiar with how this collector handles things because he/she has dealt with them already. I would definitely call them and see about getting a consultation, at the least. Second, a good lawyer will help you in court, and is better able to answer specific questions or file motions, etc etc, than the average person is. Give it a shot, thats my suggestion. Maybe they will even allow you to get a free consultation....

This whole thing is starting to wear me down. I really don't feel that well and I wonder if it's even worth the fight.

I hate fighting something long distance. I'm looking at a summons addressed to me at my mother in laws address. I'm a bona fide resident of PA and can't even find a lawyer here that will touch the case because it's in NJ. Contacted a lawyer on NACA or whatever the hell it is and he wanted 2500 retainer. The other attorney who answered said I had to meet the income requirement. Good God, is there an attorney out there who works for money.

The attorney referred to me by a friend told me this. Oh just take your name off of the bank account and the house and you'll be ok. He was in NJ. Then he emails back and says there's nothing you can do. You'll have to wait until they get to PA to dispute this.

My question is how do you know what they are telling you is true? All I can say is I'm sitting here like a chicken on eggs waiting for those green cards to arrive.

I'm very worried that both the court and the attorney do not send answers or whatever back to my mother in laws, I'll never see it.

I guess I'm just going to have to call them and be sure that they have the correct address. Should I really rely on them seeing the PA address when they didn't see it to send the summons? Would I be dreaming?

I'm just so disgusted. Did you ever wish you didn't wake up in the morning?

Aaawww Moki,
It's ok, take a few deep breaths... it'll all work out! U be strong and we're all here to support u 100%. Did u try to contact that one attorney that u found on here??
It's all gonna be ok, that i promise u!
Hope to talk soon,
Ang

Hi Ang,

I did contact the gal and she didn't get back yet. Seems like during the summer months attorneys take Fridays off to make long weekends instead of taking long vacations.

It's just the waiting that's killing me. I'm not a person who likes to drag things out. I'm one of those "take care of it NOW" people. Get it over with so you don't have to worry.

Now hubby is worried that these people are bothering his mother. All I'm hearing is "she's 85 years old, she doesn't need anyone ringing the phone and pounding on the door, etc. etc. etc."

I scream back then why did you send everything there when we moved? We should have got a PO box at the post offic here.

I just have a lot of suspicions of what is going on at this mother in laws and he won't say anything. I just hope she didn't sign my name, she's easy to manipulate and will basically do anything she's told. Truthfully, if he didn't go down there that weekend, I would have known nothing about it. God forbid you should pick up the phone and call. You see she sees a phone call from NJ to PA as costing too much money.

It's been a long 18 years with that woman and I can write volumes. My dear mother told me to watch her. I just don't get the logic behind not calling when mail arrives. I mean mail was sitting there for 4 months! His sister lives with her, why not just take it put it in the envelope and send it to us.

I can only thank God that he went down that weekend and brought back that summons otherwise things would have been worse.

Thanks Ang for the support. It's going to be another long weekend!

Yep ur right, thank Goodness he did go down there! That's a blessing in itself!
Hey come into chat i have a few mins before grand wakes up! Then the day starts! lol
Hope to talk soon,
Ang

moki--

in NJ law, I found a statute that applies to your difficulty in getting a lawyer. Remember in the thread, when I posted all the specifics about what they missed? The summons, in order to follow the legal format as set forth by NJ law, must advise you of your rights, and this one did not do so. Hang on, let me find it again....this is word for word taken from NJ Rules of Civil Procedure, Rule 4:4.2:

[quote]If the defendant is an individual resident in this state, the summons shall advise that if he or she is unable to obtain an attorney, he or she may communicate with the Lawyer Referral Service of the county of his or her residence, or the county in which the action is pending, or, if there is none in either county, the Lawyer Referral Service of an adjacent county. The summons shall also advise defendant that if he or she cannot afford an attorney, he or she may communicate with the Legal Services Office of the county of his or her residence or the county in which the action is pending. If the defendant is an individual not resident in this State, the summons shall similarly advise him or her, directing the defendant, however, to the appropriate agency in the county in which the action is pending.[/quote]

You should be able to contact an attorney in the county in NJ where this suit was filed. If you need help finding the appropriate agency to contact, I will help you locate it. It may not be the best legal representation there is, but it is better than nothing, and at the same time, you will have us here to run everything by, so we can help you sort it all out.

What county in NJ was the summons issued from? From there, we can find the agency you need. It should not matter to them that you dont live in NJ, because you are named in a lawsuit that is taking place in NJ. Dont worry, you are gonna make it through this, and we are going to help!

Skydiver, the summons was issued from Union County NJ.

I'm sorry to be so brief.....I'm moving my computer to another room so I will be off line the rest of the day. I will be back on tomorrow. I'll probably have more questions.

Thank you so much for being so understanding and helping me.

hi moki--

try this link:

lsnj.org/cjls/

they may be able to help you, or point you in the right direction. Let me know what they say

Well, I got the return receipt yesterday from the Court but not from the Attorney. I find it a bit strange since both were sent out the same day and the attorney is closer to the state border and should be here faster according to my calculations.

Skydiver! You are amazing!

When I called the NJ Bar Assn, they recommended an attorney in NJ and I was told up front. 'HE CHARGES $35.00/1/2 HOUR'! I asked are there any other attorneys? She said no this is the only one. I said Bull to that.

I emailed some of the attorneys on the NACA list, one told me that my husband's income was too high and I didn't qualify for help.

Another attorney stated Oh I can help but the retainer is $2500.

My girlfriend's attorney gave me the runaround and I almost trusted him wholeheartedly and if I did I would have missed the chance to answer this summons.

The bottome line of all this is I just can't stand that they're using my mil's addy and didn't step up to the plate.

I'm beginning to think that they were going to hide behind her addy and slap me with a default judgement. This is just my thinking.

Now I'm worried that paperwork will still go there! This is my main worry.

Any ideas how to keep track of this so I don't get sandbagged? Should I send them a verification letter too? I still have time.

Please let me know your thoughts.

Hummmm... is there any way u can contact the post office maybe and ask that ALL mail addressed to u be forwarded to ur new address???? Tell them the circumstances and this going on and see what they say. If they agree, (post office) then make sure to get it in writing! Just a suggestion!
Also, when the time comes u will send them a debt "validation" letter, it's different than verification! hang tight they're just being slow on picking up that certified mail... they can see who it's from!
Yes i guarantee u they were hoping by sending it to MIL that u wud not recieve it and they would get a default but thank goodness u DID get it!
Ur doing great Moki, keep hanging in there girl friend!
Happy SUnday,
Ang

Happy Sunday Ang and Skydiver,

Taking a few hours off to move computer.

Was thinking of calling the courthouse on Monday to see if they corrected the address and if they didn't why not?

Skydiver went to the link you gave me. Very informative and the NJ Bar NEVER appraised me of this agency. Will be contacting them via phone on Monday.

Good Luck Moki!
YAYYYYYY for u, better days ahead girlfriend!

Ang