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Wolpoff & Abramson (busted????)

Date: Tue, 02/20/2007 - 11:43

Submitted by Count_Vlad
on Tue, 02/20/2007 - 11:43

Posts: 356 Credits: [Donate]

Total Replies: 12


OK here is my story. As I am a noob to this site, I would like to say hello and howdy.

Around Feb 1st or 2nd I received a letter in the mail from Wolpoff & Abramson about an account. Below is the letter word for word (minus the letterhead).

Quote:
"Name
Address
City, state

Re: Name
ASSET ACCEPTANCE L.L.C., ASSIGNEE OF AT&T
Balance $ 889.06
Account No. XXXXXXXXXXXXX

As you are aware, the court has entered a judgment against you regarding the above unpaid account. We have made the decision to file a garnishment against your wages. Your employer is obligated to cooperate with any court papers severed upon them and must withhold your non-exempt wages in accordance with state and/or federal law. If you wish to avoid further collection activity, please contact our office at 1-800-830-2793 to work out a mutually satisfactory settlement or payment arrangement on this account.


Very truly yours

Wolpoff & Abramson, L.L.P.


Adriane Bowman
Legal assistant
THE ABOVE NON-ATTORNEY EMPLOYEE OF WALPOFF & ABRAMSON L.L.P. DIRECTED THAT THIS LETTER BE SENT TO YOUR ATTENTION

Payment coupon below along with the mini-miranda"


Now the funny thing about this letter is this. I NEVER went to court or was served any papers to appear in court. I called them as soon as I finished reading this letter to find out when I went to court for this matter. The man told me that there has not been any legal action taken on this matter and that there was not any action pending. I told them that this would be considered threatening harassing and that I am planning on seeking legal action against them. My question is this. Do I have a leg to stand on? The debt is almost 7 years old and I have ignored all calls from asset about this crap. Thanks in advance.


I would file it in small claims.You have written proof in your hand. Of course if you want to work something out with these dirtbags,send a letter we'll call a intent to sue letter.In it just notify them and Asset that they are in violation & that you will be suing them. If they wish to settle,go ahead and take offer if you like it. One thing to put as a counteroffer is let them pay less in exchange for a complete cancellation of debt as it never existed. It will not be sold,collected,or reported ever again. Let us know how it turns out.


lrhall41

Submitted by cajunbulldog on Tue, 02/20/2007 - 13:11

( Posts: 4850 | Credits: )


You can find a lawyer on naca.net

This looks like a great case. It is quite possible that under your State laws, the damages could be much higher than $1,000. An experienced lawyer in your state can make a better valuation of your case and should be able to do it without charging anything up front on the case.

Most likely a lawsuit won't even need to be filed. However, if it is, it should probably be in a court higher than small claims.


lrhall41

Submitted by texaslawyer on Tue, 02/20/2007 - 13:31

( Posts: 258 | Credits: )


If you use a lawyer to go after them only the lawyers make money. After tax time they all sit around and see how they can make more money for themselves. It sounds like if you take them to court, first you get to pay for verification of your debt in court and get it on record, THEN on top of that the court will then decide YOU have to pay your debt, at YOUR expense again and both your lawyer and the collection agency make BIG bucks. Unless THEY take you to court it's just out there in the wind. They have thousands of clerks looking for debts then they put them on lists and send out form letters, phone calls, emails, etc. and see who bites. Unless you get a court summons you're not obligated to DO anything as far as I know. I'm not a lawyer but I made two lawyers rich in a divorce.


lrhall41

Submitted by on Thu, 07/19/2007 - 09:54

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The underlying debt is not a defense to a fdcpa suit.The Fdcpa is a strict liability statute with payment guaranteed with proof of violation using court tested least consumer standard. I would in this case turn over to attorney and also pull your credit reports to see if they are reporting.Fcra allows for greater damages than Fdcpa and let's not forget that you can also file for emotional distress on Fdcpa & invasion of privacy on Fcra. Also as one of our resident attorneys has mentioned don't forget state laws.


lrhall41

Submitted by cajunbulldog on Thu, 07/19/2007 - 10:51

( Posts: 4850 | Credits: )


I am kinda surprised that no one else said this--you should check with the court clerk's office before you do anything else. IF a CA is sneaky enough to get a default judgment while not serving you with the summons, they are also sneaky enough to lie about it to you now.

I would check with the clerk of court's office to make sure that there are no judgments against you before proceeding any further. While that letter sounds bogus, stranger things have happened. This is just to be on the safe side, so you dont one day notice that all of a sudden your paycheck has been garnished.


lrhall41

Submitted by skydivr7673 on Thu, 07/19/2007 - 21:00

( Posts: 2036 | Credits: )


I rec'd a letter from the IRS stating they have a 1099c from this company(who was not listed as W&A) and now I owe 722.00 back taxes.. I don't know this company and I never rec'd a 1099c... help


lrhall41

Submitted by on Wed, 10/15/2008 - 05:51

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I would get a lawyer. You can sue them for your attorney fees. It will pay off to have someone who knows what they are doing in your corner. Cause you can bet this company will have a lawyer or two in theirs!

Good luck with suing these guys. If everyone took action when a company violated the fdcpa like they did than some of these companies might think twice before pulling stunts like this one.


lrhall41

Submitted by anc526 on Wed, 10/15/2008 - 06:17

( Posts: 192 | Credits: )