I just noticed something else today. EVERY letter except one was mailed from zip code 02864 which is Cumberland Rhode Island. Norfolk Financial Corp. has an office in Cumberland RI. A total of 6 letters. The other letter was mailed from Boston MA.

The letter is an attorney letter and is also printed Forsyth Law Offices P.C. on the envelope. The only thing is there is no Forsyth Law Offices in RI.

Would that be considered fraud? The guy who owns the debt collection company appears to be using an attorney letterhead and sending it out in their name.

What do you think?

Anyone?

I also noticed that the interrogatories, request for admissions and request for production of documents where sent from Cumberland RI, but was from the attorney in Boston MA.

This also means that what was sent to me was sent from Norfolk Financial Corp. and NOT from the attorney.

Is this legal?

MORONS!!!!!!!!!!!!!!!!!!!!!!!

They sent me a letter today saying I failed to answer interrogatories. I SENT THEM!!!! I spent $11.00 just to send everything out to them and they are going to try and pull this!!!

What would you do in this situation? I am going to the court tomorrow and file a motion to dismiss this case. They have committed perjury and fraud in court and I am sick of it. It never ends from them.

bring your reply to the interrogatories.hopefully you sent it CMRRR.have that green card as well.that should make getting this dismissed easier.

They sent me my interrogatories today and answers to production of documents. They didn't answer any of the interrogatories, they said it was not admissible in this case.

For the production of documents, they only sent me the same crap they sent me before which is all junk plus they sent me the agreement between them and GACC. They refused to send me the license number to collect debt in my state and said it was not admissible to the case.

I did file the motion to dismiss today and also I am having the post office do a archive search for the signature on the person who signed for the debt validation letter I sent. They stated again that they never received it, PERJURY.

I am also dealing with Norfolk/Forsyth. I sent them a DV letter and received a one page response that just lists my name, an address I haven't lived at in over 5 years, the original creditor and the amount owed. No other documentation such as statements or signed contracts. I also filed a complaint with the state and was told that although they are not licensed to operate in Mass, the state has been not made a decision about whether the company needs one. So it looks like I will going to court in March.

Did you call the division of banks or the attorney general? I dealt with the division of banks and they said they need to be licensed.

The post office did not get a signature for me but mailed that they did receive my debt validation letter. so I will like to see how they are going to respond to that in court, can't deny it anymore.

I still find it annoying that they know damn well this is not my debt yet they continue to try and collect on it. How low can people go?

I called the DOB and this was their response they sent me on Jan 14th. "The Division of Banks (Division) has had discussions about whether
Norfolk Financial is required to be licensed or not and has yet to make
a determination. The Division will contact you when a decision has been
made. We do appreciate your patience in this matter.

I guess it depends on who you talk to there. I sent over 40 pages to the DOB to make their decision easier. The law states they must be licensed. There is nothing in the law that says they can hire an attorney to collect to avoid licensing, if it did then having licensed debt collectors would be useless.

Furthermore, pretty much all debt collectors would have to hire an attorney anyway to litigate it in court. So that pretty much sums it up.

I went today to hear my motion to dismiss. I now have to wait for the judges decision. I really hope she believes me as this is not my debt and hope she doesn't think I am some punk who doesn't want to pay.

I caught the attorney in a few lies and I backed each one of them up. Such as they said they purchased the account from Providian and I told the judge they where wrong and that they purchased it from global acceptance credit corporation who purchased it from providian. The attorney didn't have much to say about that.


The other thing was, which is a big one where they sent to the court that I failed to respond to the interrogatories. I said I did and showed the green card providing proof I sent them and then the attorney admitted that he did get them and that he didn't like my answers.


They tried to pull a fast one but I caught them. Same with the debt validation letter, he finally admitted in getting it. They send one thing the first time and then this lawsuit they send totally different information, leaving a paper trail along the way.

So now I just hope for the best and if I get denied to dismiss then I am off to the bankruptcy attorney cause there is no way in hell I am paying this company for something I do not owe.

Oh yeah the other big thing I noticed. They said that emerge sold to providian, but if that's the case why are they now suing me for emerge?


Do you think the judge will notice that part?

Their whole opposition is fraud.

Yeah the judge denied my motion to everything and is letting them keep that stupid unsigned credit card agreement as evidence.

I am calling a bankruptcy attorney and I am going to file next month to get the automatic stay. I am not going to pay for something I do not owe.

Appeal. Fight it all the way.

During the bankruptcy proceedings you will have to claim the debt, which may backfire on you after swearing in court that it isn't your debt. Not only that, you may not qualify for Ch 7, they may switch you to Ch 13, in which case you'll have to pay it anyway.

If it isn't yours, fight it. If need be, investigate the judge to see if you can find some conflict of interest. That may be of some assistance in your defense.

chrys

I will be talking to an attorney soon as the pre trial conference is in March. He might help me fight it for free.

As far as bankruptcy, I am on disability so my income is exempt and I should be able to file for chapter 7, right?

Again, if you put this alleged debt in the bankruptcy, it is officially stating to the Court that you *do* owe the debt, in which case you would be tried for perjury in a criminal court. DO NOT FILE BANKRUPTCY.

Shoot, in this case, I'd even file a suit against the judge.

This case is really upsetting me. I'd like to believe there is actually *justice* left, and it's unfair and downright illegal, not to mention completely unethical, that this case is handled by a judge who obviously just squeaked by the bar. Wow, such incompetence is appalling. Have you tried investigating the judge?

An attorney *should* take this case pro bono. It'll make their career. Even if you were a normal joe with a home and a job, but what more on disability?

Where have the principles upon which this country was founded gone? grrrrrrrr.........