Gerald E. Moore and National Arbitration Forum

Mat, I will suggest you to make a small payment towards the account and stop the resulting legal actions. If it takes a legal shape, the judge will review your financial condition first before making any decisions. You will have to pay it in anyway as per the court orders. So, try to settle it outside the court if that is the situation. Also, you can consult a debt counselor to work out in this matter. If a judgment is awarded to you, the chances of help from the consultant will also go slim. Take a free counseling and get the problem solved

It's hard to say whether or not you'd still have access to financial aid - theoretically, your claim for aid is greater because of the debt, but if you're trying to get it through a bank, maybe the risk will be too much for them.

Note that under the fdcpa, a debt collector can only go against you where you live, or where a written contract was entered into. My guess is that those are both the same jurisdiction. That's where they've got to do their arbitration. File suit against Gerald Moore or whatever they're called in a court where YOU live for violation of the FDCPA.

There are two kinds of lawyers for folks in your situation, one kind will take your money to tell you you're screwed, as you observed. The other kind will say, "what do you want to happen?", and then try to figure out a way to get it done. My advice, get one of the latter, go on the offensive, and file suit against anyone you can who's involved with the thing where you live, under a statute that provides for reimbursement of your attorneys' fees. Best thing, find an attorney who'll do it just for that award of fees. File suit to enjoin the arbitration, for example, because of having brought it in the wrong place, for lack of in-personam jurisdiction (over you, that is), and because you never agreed to arbitration (and if you did, it was a trick for which you should be compensated under your state's consumer protection laws).

Caution: if you pay them anything at all, you renew their claim against you as far as statutes of limitations are concerned. The SOL on an "open account" generally runs from the last transaction date, whether that was a payment or a debit. Check state laws where you live.

Somewhere around where you live, there's a lawyer who'll give you a half-hour of his time for free to talk to you about this stuff. Find that person and talk about how your state's law applies. Do it now.

Thanks John and VLD, I appreciate you guys taking the time to respond - even though it probably seems as though I keep asking the same dumb questions.

"Note that under the fdcpa, a debt collector can only go against you where you live, or where a written contract was entered into. My guess is that those are both the same jurisdiction. That's where they've got to do their arbitration."

The original contract was made in Texas (in 199 but I have resided in Oklahoma since 2003. I don't know if that affects this in any way.

"Somewhere around where you live, there's a lawyer who'll give you a half-hour of his time for free to talk to you about this stuff. Find that person and talk about how your state's law applies. Do it now."

Is there a specific category of lawyer I should look for or should I just flip to "Attorneys" in the yellow pages and just start calling people up?


Thanks again...

I'd start with "consumer law", then go to "civil litigation" or "courtroom" lawyers. btw, check everyone you know for a referral first. some lawyers are really good, some are really bad, and most are average. success stories from family and friends (or disaster stories for that matter) are a good indicator.

I've had dealings with these sorts of guys in the past and I think you should just stonewall em.

So they take you to some Arbitration court and "win" the case, so they bring that case to your local court and "win" that case also-- if you just ain't got the money you ain't got the money, they can't take blood from a stone.

I mean what's the worst they can do, put a little black mark against your credit record? Oooh scary! If your credit is as you said, its not so good already. They can't garnish your wages or touch your social security refund (if you get one) and they can't mess with your financial aid either - that's all fedeeral stuff, the government can mess with that stuff if your screw up your federal loans stuff.

Matt, I say wad up that notice from Jerk E. Moore and invest a couple dollars in a decent callerID and a wal-mart paper shredder. Eventually they'll stop calling and sending stuff. Don't let these guys swindle you bro.

Yes they do follow up and have actually filed lawsuits its just a case by case basis though but they will not just go away....and as stated if goes from the last activity on you account as to when the debt is no longer witin statues.

THANK GOD! I stumbbled on this website out of desperation. I've been reading all the q and a's but please somebody just give it to me straight! I am about 2 days away from paying these guys 718.00 on my also default payments on a Gateway computer I bought almost 8 years ago. I got the arbitration letter and the whole 9 yards too. I live in KY and I did consult an attorney through Legal Aid but she couldnt tell me much. I did respond to them and offered to pay the orginal debt of 718.00 instead of their outrageous claim of 3200.00+ for their fee's and etc. I just want them to stop. They are threatening to seize everything I own- which aint much! Freeze my assets, freeze my checking account, etc! Can they do this??? Will they??? Please help me - I'd appreciate anything you can tell me to do. I also saw on another website a letter I coudl print out to send to them telling them to basically leave me alone or I'd sue them. The person said it is legal and it works but I sure dont want to tick them off even more. What do you think???

Alright Jill, take a deep breath and relax.


First--the absolute worst thing that they can do to you is give you a little black mark against your credit. That's all! No debtors prison or slave labor, just a little piddly mark that says you didn't pay a bill--and if it's gone this far there's a good chance you've already got that little black mark.

These guys aren't the Devil, but I'd almost swear that they work for him--and I say don't let them have a single red cent. If it's been more than 4or5 years since you sent Gateway any money then I would almost guarantee you that the Statute of Limitations is expired on the account. If that's the case, then guess what--THEY CAN'T COLLECT BO-DIDDLEY-SQUAT!

Either way, like I said before the worst thing they can do is mess up your credit. They can't garnish your wages or your SS returns--and no, Mat, they can't mess with your student loans or financial aid. They can only threaten and harass good people into an unethical perversion of legal loopholes--and theyre actually not supposed to threaten you but they do anyways. Don't send them money or even take their calls.

These guys are dirty dirty blankety-blanks and certainly not worth the trouble they cause.

Jill, I say just ignore them and let them send it to arbitration and file whatever "charges" they want--you don't mind them at all and if you see "UNKNOWN CALLER" on your caller ID, then just roll your eyes and let it ring. Eventually they'll get tired of calling and sending you stuff.


Peace.

Thanks Curt! I have been online for hours, I have dug up so much dirt on GEM! Why didnt I do this 2 weeeks ago? SO MUCH SLEEP LOST. I do see that, I think Im right- that it has been over 5 years now since I defaulted. It was an oral agrrement- over the phone and the statue of lim. for that is 5 years. But- before I realized that- I TOLD them I didnt dispute the debt, I mean- if Im nice they'll be nice right?? OK- stupid I know. So now I am changing my mind, I am feeling a litte more brave and I migth go ahead and do the "cease communications" letter citing the unenforcable because of time thing. But what about the arbitration thing? I told them in my response that I offered GEM 718.00 as a settlement offer. Am I now bonded to that? I mean- I basically gave my word I'd do that. I havent experienced alot of the nasty stuff that I see others have but come monday when I tell them all bets are off, I think Im in for a heck of a ride. THANKS so much for your input! I so aprreciate! Im relaxed.

I never gave them any bank info, I was smart about that! But- can they find that out and just go behind my back and "freeze" my account? That just scares me to death- thats how I pay my bills! Yeah- its already a "mark" on my credit- for once thats the least of my headaches!

I'm not entirely sure what you mean about them "freezing" your account--especially since you said you didn't give them your account number.

They can't "go behind your back" and get into your bank account any more than I could.


All is well, get some sleep.

Gerald E. Moore & Associates has a reputation of bullying and treating people poorly. Gerald E. Moore himself is a licensed lawyer in the states of California and Georgia only. You are not dealing with the lawyer. You are dealing with a collection agency. One which is known for stepping on and over the law.

I recieved a letter from them and it clearly had false information in it. They claim to be acting on behalf of Worldwide Asset Purchasing which is no longer a legal company. Worldwide was purchased by West Corperation. West legally combined Worldwide Asset Purchasing with multiple companies and formed west asset management on 1-3-05. There is no information on Worldwide as far as address or phone numbers to be found. They put false information in the letter so that I would call the number on the page they sent.

I am also in the process of finding out if they knowingly reported false informational to Equifax about this account. Moore & Associates is based in Atlanta, GA as is Equifax and the no longer existant Worldwide. Although this portion of West is still run by the same scum that ran Worldwide.

The fact that they are all in Atlanta makes me suspicious of this next portion of information. This information didn't show up on my credit until their involvment. My Equifax credit report states that the account is with Hurley State Bank and that the address is:

C/O Associates Commerce
PO Box 8189
Johnson City, TN 376150189

I have never dealt with Hurley State Bank or Associates Commerce. They are two entities just like Worldwide that no longer legally exist. Hurley and Associates were both purchased by Citigroup. A portion of Hurley was absorbed into Citigroup. Associates Commerce a.k.a. Associates Commerce Solutions is now Citi Commerce Solutions. The address is also false, in that, this compnay is in Gray, TN and not in Johnson City, TN and the PO Box 8189 is for JJill. The correct address is:

Citi Commerce Solutions
541 Sid Martin Rd
Gray, TN 37615-6210

My suggestions for anyone being persuide by these people is to:

1. Read and understand The Fair Debt Collection Act. It gives a complete list of your rights and how your are to be treated by them.

2. Check the statute of limitations for your state. If you live in a different state from the one you made your purchase in, you need to know that state SOL also. The absolute only two places they can take any type of legal action against you is in the county and state you presently live in or the county and state that the purchase was made in. If the SOL has past then they are SOL. Ounce this has passed, to my knowledge, the only thing they can do is harrass you and report it on your credit for seven years. If the SOL hasn't passed, then you are playing their ballgame now.

3. The next thing to check into is your states recorded conversation laws. Thirty-two states allow one party permit calls which means you may be able to record what is happening to you. A recording is also easier to prove in court if they arein violation of the FDCA.

4. You also want to check your states collection laws about out-of-state collections. I am not sure of this part but, I think most state do not allow people like this to collect accross state lines unless they have some type of legal business entity in that state. This would include Moore & Associates and the company they represent.

My account is beyond its SOL for my state. I tried to work it out with another collection agency attempting to pay the $500 the account was at when it went into default. But that company would not send account information even after I sent them certified letters. They dissappeared when I got a lawyer.

When I dealt with the previous company I was stressed out and upset just like some of you in these other posts but it forced to learn what rights I have. I have investigated Moore & Associates and they are animals who pray on your lack of knowledge.

Thanks

I have recieved a notification from USPS that I have a certified letter from Marrietta, GA. I too have recieved phone calls from GEM and ignored their threats. Additionally, I have read a lot about these people and their unethical practices online, so I am learly about picking up the letter and answering the phone. I think that my SOL is up next summer, but I will have to check. I live in KY and it is 5 years. I am not sure what I should do...ignore the letter or pick it up? Should I send a letter to cease communication? I feel that even if I was to send these people $ that they would not report the $ correctly. Does anyone know if they have any legal business entity in KY or how I could find out? Should I ask them to provide me with records/proof of the debit too - or will this begin the SOL again? I really don't know what I should do next and can't afford a lawyer. HELP!
Thanks

I have recieved a notification from USPS that I have a certified letter from Marrietta, GA. I too have recieved phone calls from GEM and ignored their threats. Additionally, I have read a lot about these people and their unethical practices online, so I am learly about picking up the letter and answering the phone. I think that my SOL is up next summer, but I will have to check. I live in KY and it is 5 years. I am not sure what I should do...ignore the letter or pick it up? Should I send a letter to cease communication? I feel that even if I was to send these people $ that they would not report the $ correctly. Does anyone know if they have any legal business entity in KY or how I could find out? Should I ask them to provide me with records/proof of the debit too - or will this begin the SOL again? I really don't know what I should do next and can't afford a lawyer. HELP!
Thanks

I am dealing with these creeps at the moment, and they have tacked on $2,700 in their own fees calling them all late fees. Can they do this? Also I have been researching them and their practice and found out that you may be able to send in a Cease Communication Letter by certified mail, and choose not to deal with a collection agency but to work with the original lender. Is this true??

They got me good,I paid my over due debt, in the sums of $1,144.00, since I paid I've been waiting for a release letter, its been three months, so I called,and got hung up on twice by two different people very rude and ulgy people, so what happens to my money other collection agency are calling about the same account.