Internet's first get-out-of-debt community - 128,000 members

Posted: Sat May 31, 2008 9:54 am Subject:

I have not called them and not plan on calling them either. They tell you not to show up so they can get a default judgement and you can not defend yourself.

Posted: Mon Jun 02, 2008 4:43 am Subject:

spoke to a lawyer and he told me not to show up because they will slap me with a lawsuit when i appear in court.

because i moved in the last year, they have yet to be able to locate my new address to service me with a summons.

Posted: Mon Jun 02, 2008 9:37 am Subject:

Correct me if I'm wrong but isn't it always best to show up. I was under the impression if you don't show up is when a default judgement is entered against you am I right in thinking this? Just from what I have read and what I have went through way back. I remember getting something like that it's been probably at least 7-10 years ago but I didn't think nothing about it didn't bother showing up and they were awarded a default judgement against me. I would never make that mistake again I think it's always best to show up and defend yourself and not allow the judge to award them a default judgement against you.

Johnita

Posted: Mon Jun 02, 2008 9:42 am Subject:

thanks for your input. i never got served a summons i just recieved the dismissal letter. i have spoken to a lawyer and he informed me that if i show up the borack gang with just hand a summons to me since they were not able to reach me at my new address.

this is all so confusing...to go or not to go in this case................

The lurking collector · Posted: Mon Jun 02, 2008 10:19 am Subject:

Remove incorrect info.

jmert · Posted: Mon Jun 02, 2008 5:44 pm Subject:

You should NEVER avoid attorneys for the purpose of avoiding a summons! If they can't serve you in person, they will just find another way to file the lawsuit (in some states, printing the summons in your local newspaper for everyone to see is considered proper service). More likely, they will just falsify their records and claim they served you anyways.

This puts you at a disadvatage because the lawsuit will proceed and you wont even know about it! NEVER avoid a summons. Answering the summons is the first step to fighting off these bottom feeders.

Posted: Mon Jun 02, 2008 7:07 pm Subject:

If you are the victim of a sewer service (where they just flush the summons and complaint and say they served you) you can write a motion to vacate judgment on the basis of improper service.

Posted: Mon Jun 02, 2008 7:36 pm Subject:

Hey... I agree with all of you. I (we-husband & I) will be there for the hearing. We know that we have done the right thing by filing the papers with the courts and following the rule. I will call the attorney frorpatch gave me a couple of weeks and see how much he charges to represent us. My husband talked to him and he said that we had a good case. Now it is a matter of us affording him. Anything is better than paying +$20,000 judgement. Wishme luck guys!!!!

Posted: Mon Jun 02, 2008 8:34 pm Subject:

i wish you all the best!

Posted: Tue Jun 03, 2008 6:31 am Subject:

Thanks.

tiramisu · Posted: Mon Sep 15, 2008 6:50 am Subject: Borack and Associates

I Have Been Dealing With Them For Over a Year . . Now I have recieved a letter saying they are going to file with my local court house that I am failing to pay my debt . I Have Written them many time asking them to please send me an update balance on my account because I was Paying it off everymonth I was keeping track of the balance on my side but I wanted to make sure that they were crediting my account for the payemnts I also stopped payment because they have never answered my requests but they are Calling My Landlord wanting to speack to me . In My letter I Expalined that I do not have a Telephone and could they either Email me or send the inforamtion I can Check Email at the Library . I also expalined to them I could No Longer pay the set amount they were requesting because I changed jobs and am not making that much anymore and could I make a weekly payment to them that would equal the amount $100.00 a month they requested
I am at my end of the line Please Help

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