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Tom321

I checked my check from work today and it seems Hayt, Hayt & Landau are garnishing my wages for an inflated amount. I sent them a DV and they sent back some garbage with just what I owe them and the interests they put on along with attorney fees. I sent another DV stating that this is not proper validation. They sent me court papers with no signatures on them and then Nothing.....until now. They claim they represent First American Acceptance Co. LLC that obtained a judgment against me in 2005 for this debt. That's when I didn't understand my rights. In 2006 First American Acceptance Co. LLC went into my bank account and swiped $1500. Hayt, Hayt & Landau state that I never paid anything toward the debt. Now wouldn't the bank levy mean that I paid something? You would think right? Well now I'm full aware and I'm going to meet a Lawyer Monday. Enough is enough. I think they violated my rights obtaining this judgment because they do not have proper documentation. I think First American Acceptance Co. LLC sold the debt to Hayt, Hayt & Landau after they took my money from the bank.

Anyone else dealing with Hayt, Hayt & Landau?????????

Posted: Fri Nov 14, 2008 12:17 pm Subject:

Were you properly served for the judgement? Did you go to court?

Posted: Fri Nov 14, 2008 12:25 pm Subject: reply

do you have proof of the bank levy.i don't see how they can do this without a court order.as soaplady asked were you served this time?sounds like you weren't.JMO.also it looks like they got the judgement after you requested validation.i think you still can get this overturned for continued collection activity after a validation requset was received.you did send the DV letter CMRRR right?

Tom321 · Posted: Fri Nov 14, 2008 12:36 pm Subject:

In 2005 I was received something in the mail stating that I have to go to court. Back then I was oblivious to my rights so i didn't go. First American Acceptance Co. LLC won in court. Fine I get that. But 3 years later Hayt, Hayt & Landau called me AT WORK 3 months ago stating that they are going to garnish my wages. So I said validate the debt and don't ever call me again. They sent me that dribble that I stated earlier. And said that they are going to start garnishment next week. That was three months ago. Then Today BAM. I talked to the Lawyer for awhile on the phone and he thinks from what I said that something is wrong here. Monday we meet in person to discuss the whole thing.

And no, this time I was not served anything. I don't even live in that county anymore. I'm fighting this one because they are also trying to collect a debt from me that is 14 years old and I never had a debt like that.

Tom321 · Posted: Fri Nov 14, 2008 12:39 pm Subject:

Yeah it was certified and everything. I collect all correspondence with these CA now.

Posted: Fri Nov 14, 2008 12:40 pm Subject: reply

go get them.sue there butts off.

Posted: Fri Nov 14, 2008 12:54 pm Subject:

It would not be the first time. Read here:
http://fdcpalaw.blogspot.com/2008/02/nj-woman-sues-hayt-hayt-landau-ll c-for.html

Tom321 · Posted: Fri Nov 14, 2008 12:56 pm Subject:

You know I will take this to the end if I can. Lets see what the Lawyer tells me first. It's a shame that you have to state to the court a prove to them that the CA does not have the right to collect. When the CA file for judgments it should be on THEM to have all their ducks in a row not you. No proof, no proper documentation, no judgment. That's how it SHOULD be. That way fraud will be cut way down. New Jersey is so screwed up.

Tom321 · Posted: Fri Nov 14, 2008 1:00 pm Subject:

Frogpatch that was VERY HELPFUL beyond measure. Thank you.

Posted: Fri Nov 14, 2008 1:06 pm Subject:

Google them. They are a big firm with office in several states, Their specialty seems to be medical collections.
I am glad you have an attorney. I try all the time to tell people that the prevailing party is entitled to collect legal fees. Why pay the other guys attorney when he can pay yours? No one listens.

Tom321 · Posted: Mon Nov 17, 2008 9:57 am Subject:

I met with a lawyer today and it was quite informing. In a nut shell he says I'm screwed because these CA have judgments against me because I ignored them. I told him of some of the things people say on this site concerning CA's on what they can and can not do. He stated that a lot of the info here is pure myth. Not all just some of it. CA's don't have to serve you in person he said. He knows about Pressler and Hayt and others and he said they are sidestepping the law and shysters but it's legal unless they flat out lie which he said they do. From the jump fight. He said I can go through him and get a lower settlement or file bankruptcy.

Here is what I've learned. Frogpatch was 100% on the money. From day one of CA's contacting you and you feel the debt is bogus GET A CONSUMER LAWYER ASAP. Do this before they take you to court and everything. And NEVER ignore any CA whether you think it's bogus or not he said. Take care of the problem immediately.

Looks like I'm going to try to file for bankruptcy. He said I'm a good candidate for it even though I only have about $25,000 in debts. He said it's not always a bad thing. He said if I do, in seven years it's like starting from scratch. He doesn't advise I do that but it won't be a bad thing he said.

We'll see what happens.

Tom321 · Posted: Mon Nov 17, 2008 5:56 pm Subject:

Met with a Bankruptcy lawyer tonight and he said for $1800 this will all be memory. I asked him about these CA's trying to collect and ignoring the bankruptcy filing. He added if they try to collect after we file he will sue their asses for everything they have and then I'll be loaded. He actually said that......LOL.

Linda in Florida · Posted: Tue Nov 18, 2008 8:54 am Subject: Re: Dont settle

Contact the Attorney General Immediately, let them know what is going on and that they are not attorneys but acting as if they are and this is unfair practices. Report them, they have several lawsuits against them in other states.

Tom321 · Posted: Tue Nov 18, 2008 11:30 am Subject:

I did all of that and it got me nowhere. Once the judgments were entered I was screwed. If I file for bankruptcy it will all be over. It's too late for me but I agree with you. I would spend more money defending myself in court than paying the bankruptcy lawyer.

They are being sued in NJ also.

Tom321 · Posted: Tue Nov 18, 2008 11:33 am Subject:

Our AG is not doing a very good job. Pressler & Pressler and company are running amuck in NJ with complaints out of this world and no one does anything. This has been happening for years too.

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