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I just sent this letter to Small Claims. Is this okay?

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PostPosted: Tue Apr 17, 2007 1:19 pm Subject: I just sent this letter to Small Claims. Is this okay?

It's not much, but it's a start. I figured since I don't really have the time just now to call the court, I would email them. I hope this letter is appropriate and hopefully someone will respond. I do plan on contacting AG Blumenthall on this matter as well as call the courthouse when time permits. What do you all think?




Quote:
"To Whom it may conern:

My name is *name removed for your safety-Amy*. Currently there is a case in the matter
of Great Seneca Financial Corp, (docket number SCA22-******). I am
writing because according to the documents that were sent to me via
Certified Mail indicated that a judgement was granted to Great Seneca
per a Wage Garnishment. However, I have never recieved a summons from
the court nor was I presented with any hearing date. I only found out
about this judgement after a copy of the judgement documents were
mailed to my place of employment. I would like to appeal this
"judgement" and/or request a hearing on this matter especially since I
have already made payments to the Plaintiff and have documented proof
of the transactions. Also, this particular company deals with Payday
Lending (small loan), which from my current research is prohibited in
the state of Connecticut
(http://www.paydayloaninfo.org/state_detail.cfm?id=CT). I can be
reached by phone (***)-***-**** or email (********@******. I
appreciate your time regarding this matter."

ksinanis



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PostPosted: Tue Apr 17, 2007 1:24 pm Subject:

sounds reasonable to me...
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PostPosted: Tue Apr 17, 2007 2:20 pm Subject:

It sounds good to me too. My only concern is that maybe one of the mods could take your last name out for your protection. A lot of these companies watch the boards very closely. Let us know how it works out and definitely follow up with the courthouse with a phone call.
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PostPosted: Tue Apr 17, 2007 2:28 pm Subject:

Which ipdl company is this?
WHEREAMI




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PostPosted: Tue Apr 17, 2007 2:32 pm Subject:

Great Seneca Financial Corp. A.K.A. Wolpoff and Abramson. I have called the superior court house in New Haven, CT about this. The case is actually in Hartford and the office is closed now so I will have to call them tomorrow. According to the Judicial website, I cannot appeal a judgement made in small claims, however I am going to try and do somthing based on the fact that I didn't recieve a Writ to Suit.
ksinanis



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PostPosted: Tue Apr 17, 2007 3:39 pm Subject:

File these two motions with the court. Motion to vacate due to improper service and immediately file motion to stay on any executory actions relating to this judgement.You will either have to look up court rules of civil procedure to prepare these or hire a lawyer.
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PostPosted: Tue Apr 17, 2007 3:51 pm Subject:

Much thanks to Amy for editing my post. I forgot to truncate those two items.
ksinanis



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PostPosted: Tue Apr 17, 2007 4:49 pm Subject:

Wow, can't believe you did not get a date and they just served a judgement. Goodluck with all of this.
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PostPosted: Wed Apr 18, 2007 6:33 am Subject:

Good letter indeed!! Unfortunately CT is as corrupt as Rhode Island. Please keep us posted KS, I'm anxious to see how this turns out for you.
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PostPosted: Wed Apr 18, 2007 9:25 am Subject:

Funny you mention Rhode Island.....I had a case there on an entirely different matter when I lived there as a child. They kept scheduling a trial and then pushing it back due to "paperwork issues". The real reason was that they were protecting the defendant.
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PostPosted: Wed Apr 18, 2007 9:31 am Subject:

To Cajunbulldog:

The Wage execution was sent to my resteraunt, but attentioned to Payroll. my companiy's headquarters is in Mass. I did call payroll and faxed the documents to her, but I did not mail them. However I did tell her about the 20-days to do somthing about it thing. I hear what you're saying though. After the first week of May there's nothing I can do except get the garnishment reduced.

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PostPosted: Wed Apr 18, 2007 9:50 am Subject:

wow....the lady at centralized small claims in Hartford seemed a bit agitated that I was even questioning the Wage Execution. She did tell me to file two forms with the court: Motion to Open Judgement and Wage modification and Exemption per Wage Execution which I'm sure are the forms cajunbulldog was talking about. Yeesh.....I hope I don't have to go all the way up to Hartford to contest this. They are not easy to deal with. They gave me the impression that they just didn't want to "hear it".
ksinanis



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PostPosted: Wed Apr 18, 2007 10:04 am Subject: Help with filing wage modification form.

I need help filling out the Wage Modification and Exemption form. I need to cite a statute as a back up to the reason why I should be exempt from wage execution but my time is limited. Any help from anyone who knows the statutes will be greatly appreciated. Statutes are a pain in the butt to compile and list. I have the two forms I need. The Open Judgment form is done. I am planning on faxing these forms either tomorrow (Thursday) or on Friday. I also have to fax these to my PR dept. Please help. Thank you.
ksinanis



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PostPosted: Wed Apr 18, 2007 10:09 am Subject:

Hartford isn't so bad KS!! I spend too much time there!! lol.

What statutes are you referring to?

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PostPosted: Wed Apr 18, 2007 11:23 am Subject:

Op,I sent you a quick message.Court clerks cannot give legal advice and nor can I. Read your rules of civil procedure so you can file your motion to set aside or reopen judgement. If you can succeed in doing this ,you can stay the garnishment.
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Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Wed Apr 18, 2007 11:40 am Subject:

Thank you.
ksinanis



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