Hi everyone
Does anyone know about this law firm, Hunt & Henriques in San Jose, CA.
They said this in the letter, "If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account"
If they are serious of suing me, can I file bankrupt. When is the best time to file bankrupt? I'm actually in a settlement program with "Solve Debts" located in San Francisco. 4 of my accounts has been threaten with this kind of letters. If they do sue, I really want to file bankrupt. My credit history is nothing to me anyways. I'm not buying houses and new cars. I'm just afraid of that they do wages garnishment. Thats why I like to file bankrupt. Any advice.
Posts: 2740
Credits: 37603.801632746 Send message to goldenbast
If you haven't filed bankruptcy yet, then you can. I am not overly familiar with the bankruptcy laws but I think there is a chapter 7 and a chapter 13. Someone should come along who knows about this better then I.
The statement the letter made sounds like a threat to me. Is this the first letter you have gotten regarding this account? If it is, they may be in violation since any letter asking for payment of a debt must, by law, have the little disclaimer about having 30 days to dispute the validity of the debt and also the notice that the letter is from a debt collector. Even if it is a law office, if they engaged in the collection of this debt then they have to follow the collection laws (don't let them tell you any different).
You mentioned you were with a debt settlement company, have you spoken to them about this debt? Have they helped you with any other debts of yours?
There is alot you can do on your own, as it is your legal right to request validation from -anyone- who demands money from you. Bankruptcy should be a last resort.
This account the letter was about, what type of account was it and when was the last time you paid anything on it?
Michael Scott Hunt
State Bar Attorney Search
#99804 California
Admitted to the bar in 12/1/1981
Janalie Ann Henriques
State Bar Attorney Search
#111589
Admitted to the bar 12/12/1983
They show an address 151 Bernal Rd #8
San Jose, California 95119
408-362-2270
They are listed in Palo Alto California as Bankruptcy Attorney
and are listed as ProBono attorneys
They have the best of all worlds it seems. I have found them very difficult to work and they seem to know they can take advantage of people who do not know the law.
Hope this helps.
They have an office in San Martin no physical address
Yes they are a real law office and they can and will sue.[samebox:e1568a0520="paulmergel"]this person must work for them.if so then if you violate the FDCPA you can and will be sued.[/samebox:e1568a0520]
Posts: 2740
Credits: 37603.801632746 Send message to goldenbast
Not before validation they won't, or you simply demand it during discovery then when they fail to produce, you motion to dismiss with prejudice and it goes away. Just because they can sue doesn't mean you should run right to your checkbook and pay it.
So far this is the third time in the last five years, they've sent me what looks like legal documents. My bank laughs and has not frozen any of my assets. According to my records the statue limitations has expired on my debt. Besides that I settled that debt with another collection agency years ago that company never sent me a receipt. This is a company who the public has not made enough complaints about. I would recommend writing letters to the California State Bar and the California Attorney General's office.
What is the statue of limtation for debt
Debt Samaritan
Posts: 16653
Credits: 296967.81672824 Send message to SOAPLADY
Depends on the type of debt and what state you live in.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
What is validation? Im having a really hard time dealing with this law firm. They told me I dont need to show up to court all they can do is garnish my wages, their decision...
I'm curious if anybody has been to court because of these guys, and what was the outcome.
I just came across some paperwork from this company from 2001, they do not follow up with the courts in filing the final paperwork if you pay off a debt with them. I also filed a compliant against this firm with the Better Business Bureau b/c of the lack of follow through.
Pages
Add new comment