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The law firm of Wolpoff and Abramson called this morning threatening to put a lien against our home for a debt owed to MBNA. We have never recieved any paperwork from either company or phone calls from MBNA or the law firm up until 3 days ago. The first phone call we recieved was the threat with the lien and being sued. They say I have to put down a good faith amount today and have the balance with 48 hours or we will be served. Since we had no knowledge of this suit or never recieved any paperwork or phone calls from the original company, can they just suddenly serve us with a lien?

Gregory M. Maurer

You can be sued for a debt whether it is yours or not. I do this all the time in conjunction with Erin Capital Management out of NYC. I've successfully sued many people for money they didn't owe and the funny thing about it all is that, no one, and I mean no one can or will do anything about it. The law protects us and even more so now days, so good luck to you.
Gregory M. Maurer

xxxx Please refrain from soliciting, or using your personal info here..Bossy4455

Posted: Mon Sep 10, 2007 11:25 am Subject:

Did you ever have an account with MBNA? If so, you need to call them and ask for the details of your debt. They should be able to give you the details if they have your file in their system.

It is also necessary for the collection company to validate your account in writing before they attempt further collections. Read the FDCPA laws and know about your legal rights. If they continue to make threats without validating the debt, record their calls. Check with your state laws and confirm whether you need permission of both the parties before recording. Don't worry. You will pay to the company only if it is a legit account and if they are authorized to collect for your debt.

Posted: Mon Sep 10, 2007 11:43 am Subject:

Mr Maurer....you DO realize that you just gave out your personal contact info on a public forum...right? And admitted to breaking a number of collection laws. And, there are some people on here that have lawyers, or judges, in their families. Not the brightest bulb on the tree, are you?

Posted: Mon Sep 10, 2007 12:38 pm Subject:

Sounds like a typical scare-you-into-paying tactic. Not to mention that threatening to sue is illegal unless they actually are doing it, you can get them for using that threat to pressure you into making a fast payment.

IMHO any company who demands any payment 'RIGHT NOW' should be considered highly suspicious. Definately DV them and make sure everything is on the up and up.

Posted: Mon Sep 10, 2007 3:59 pm Subject:

Ann- they can't get a lien without a court order. Send them a Debt Validaton letter, and ask them to not contact you unless it is via mail.

Use the search box at the top of your screen and google them and see what others have said about them.

If you find out this is your debt and want to make a payment or settlement agreement, be sure and get it in writing, and do not give out your personal info- such as your banking info to anyone- send them cashiers checks. And send everything, certidied, return receipt mail..

Keep notes of everything and keep copies, you never know when you might need them. As the post by Gregory proves, you can take all this to court with you for the judge to see how they operate..Good Luck..Karen

Posted: Mon Sep 10, 2007 4:32 pm Subject:

They broke the law by telling you all this. Which state do you live in? Some states have homestead law, in which they can't do anything about your house, unless the payment on the house is what they are trying to collect.

Bossy is right, and they're only using a scare tactic.

Posted: Mon Sep 10, 2007 7:08 pm Subject:

I've seen a lot of judgements from MBNA accounts. I would suggest, if it is yours, to find what you can do to take care of it. It's a collectors job to demand payment in full. When you default on a credit card contract payment in full is a reasonable because you agreed to it when you signed for the credit card.

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Can I be sued for a debt that I never got billed for?

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