|
#49
04-04-2008, 01:32 PM
|
|
Sub:
Welcome to the forum Bloo.
One thing that might help is looking at the validation letter template via my signature, use that as a list of items to request during discovery. If they fail to produce the requested documents you may be able to motion to dismiss with prejudice. Additionally if you could answer the following questions I may be able to better assist you. 1. I see you mentioned AZ, is that the state you reside in currently? 2. What type of debt is this? 3. When is the last time a payment was made on this debt? |
|
#50
04-19-2008, 07:26 AM
|
|
Guest
|
|
Sub:
Count me in too
Hi all. I have been contacted by Gerald Moore & Associates. They called me at work. I asked them not to call me there and gave them my cell phone number. When they called me at work they claimed that we had been playing phone tag and I had left a message for them. I had never even heard of these people. I am a teacher and was in the classroom with students, so I gave them my cell number. I did not hear from them until a month or so later when they called me at work. I emailed them a letter to stop calling me at work and requested that they send me something through the mail. I never heard from them. A month or so later, a neighbor that I didn't even know knocked on my door asking my husband if I lived at this address. They had called them and left their name and number. I called them and the person I spoke to got very rude with me saying that they had already filed papers for a judgement or garnishment against me - he said I knew that I owed this debt and should pay it. I told him that they had not sent me anything on paper and until they did I did not wish to speak to them again. He started to belittle me and told me if I wanted to continue being a deadbeat and avoid paying what I knew I owed that they would continue on with the judgement as they were simply doing me a favor by calling. Yesterday I received an advertisement type letter from another attorney that practices in my town stated that they've noticed a judgement or garnishment filed against me. It gives a court document number and suggests I consider calling them to file BK. I live in GA, where I understand Moore is allowed to practice. What do I do?
Thanks for any help! |
|
#51
04-19-2008, 11:56 AM
|
|
Sub:
Welcome to the community Amy. First I would suggest contacting the court with that docket number to see if a judgment was filed against you. If so you will need to speak to the judge who oversaw the case and let him/her know that you were not served and that you need to motion for the judgment to be vacated due to improper service.
I would also suggest sending this law firm a debt validation letter (you can find a template via my signature link) send it certified mail, return receipt requested. So far the violations that I can see (Fair Debt Collection Practices Act) are: 1. Calling you at work when you have notified them that such calls are inconvenient or not allowed. 2. Speaking in a manner in which to abuse or oppress the listener. 3. Failure to send written notification within 5 days of initial contact. I would suggest filing complaints with your state Attorney General's office as well as the Federal Trade Commission. Additionally you can find information on vacating a judgment via my signature link. |
|
#52
04-24-2008, 12:24 PM
|
|
Guest
|
|
Sub:
gem
I cannot believe all the people that these people continue to rob. I owed a total of 4500 from an old credit card bill that was discharged debt. Upon consolidating my outstanding bills I included this balance to be payed to GEM. Now that I have paid 3800 of the balance I inquired of the outstanding balance and was told that i had been paying on the interest all this time.
I will not allow this , and am fighting it, would like to hear from others that this has happened to. |
|
#53
04-25-2008, 04:25 AM
|
|
Sub:
Welcome to the community. As a consumer you have the right to choose if your payment is applied to interest or if it is applied to the principal. This is your right per FDIC as a consumer. Also, it sounds like like they are trying to step outside the law as the interest they may charge is that of the contract if it is still an open account or permitted within the contract and also if your state law does not prohibit it. Otherwise it would be 6% per federal cap, also only applicable if your state law does not prohibit it. If it was $4,500 and you paid $3,800 in interest it sounds like almost 100%+ apr. Which would be illegal per usury laws.
I would suggest sending a debt validation letter (you can find a good template via my signature, be sure to send the enclosure with it) send it certified mail, return receipt requested. |
|
#54
04-25-2008, 04:25 AM
|
|
Sub:
If you have any further questions please feel free to ask.
|
|
#57
10-31-2008, 10:03 AM
|
|
Guest
|
|
Sub:
arbitration laws
look up the statued of liability in accordance to what state your in and that is what the law is to go by no matter what the lawyer is asking plus the liable amount in accordance to the age of the product and the value look it up state to state
|
|
#58
11-18-2008, 06:43 AM
|
|
Guest
|
|
Sub:
Arbitration
Have received a letter from the Law Offices of Gerald E. Moore which indicate we supposedly signed the arbitration Form. I need the phone number of those law offices. My lawyer has recommended that we obtain a copy of this "signed" form. How can we get a copy?
|
|
#61
02-06-2009, 10:49 AM
|
|
Sub:
What state do you live in? When was the last time you paid on the account? How do you know you are being sued?
|
|
#62
06-26-2009, 04:43 PM
|
|
Guest
|
|
Sub:
Nat. Arb Forum Claim agaist Mentally Ill Wife
My wife, age 72, whose only income is soc. security and is mentally ill and diagnosed and suffering from dementia has had a claim filed against her thru National Arbitration Forum by Mann Bracken of Atl. Ga. on behalf of Chase Bank. A Chase rep told me that the account had been closed and probably been sold. I signed for the mail and she knows nothing of this due to her condition as her doctor advised not to discuss anything that could cause her stress..What should I do?
|
|
#63
09-03-2009, 02:44 PM
|
|
Guest
|
|
Sub:
Hardworking citizen about to loose my constitutional rights...or my job
My manager recently approached me with a binding arbitration agreement. While everyone else just signed without reading, I instead brought it home for my girlfriend to look over because it sounded "fishy." Basically what my girlfriend summed up for me is that by signing this agreement, I am signing away my constitutional rights. She said I would not be able to hire a lawyer and would not be able to have a trial by jury ect ect. One of my co-workers asked my manager what would happen if he didn't sign the agreement, and he replied with "they'll find some way to fire you" so he signed it. I am not ok with signing this paper, but I also NEED my job. Is this legal to coerce me into signing this?
|






Linear Mode




