EMCC Receivables and their BS ways
Date: Thu, 03/08/2007 - 14:38
Here are the facts, as I've come to known them:
1. EMCC Receivables does not own the debt. We have a letter that states this as such.
2. EMCC Receivables has never attempted to contact my husband, in any way.
3. EMCC Receivables has not reported to any credit report agencies about my husband's supposed debt.
4. There is no record of said debt on his credit report.
5. The credit card in question was reported as stolen in 2001.
6. EMCC Receivables, TRAK America, nor the lawyer listed on the original summons will validate the debt.
7. My husband has been harassed by the lawyer and his associate on two occasions.
8. The lawyer refused to return our phone calls.
9. The magistrate's office told us that it would go to judgment, as they do not have to agree to payment arrangements, despite the fact that a) the card was reported stolen and b) they have not validated the debt.
10. The court does not have validation of the debt, except for a "charge-off" statement from EMCC Receivables. Said "charge-off" statement does not even contain accurate information about the card, nor does it state that the card was stolen. I can prove all of this!
The "conference" isn't until April 30th. We're in contact with legal aid, who told us they would contact us back in two weeks, after doing some investigating, unless we received a court date. Does this constitute as a court date? My husband is calling legal aid tomorrow morning to tell them about it, either way.
You surely need some legal help here. I find the magistrate's an
You surely need some legal help here. I find the magistrate's answer very vague. Why don't you take a print out of the fdcpa laws and show it to them? All collection agencies and their attorney must follow the federal laws. And it is the duty of the magistrate's office to regulate the laws in the fair way. Is that person bribed by EMCC Receivables?
I don't know. I mean, I know I shouldn't think it, but I can't h
I don't know. I mean, I know I shouldn't think it, but I can't help but wonder what is going on, you know? I can't possibly comprehend how they can just tell us "oh, you're getting a judgment against you no matter what", without even hearing our side of the story. They won't even force them to validate the debt at all, despite the fact that there is no proof anywhere, that we can see, that it *is* valid.
I know how you feel like. If the matter goes to the court, take
I know how you feel like. If the matter goes to the court, take the help of your attorney and make the judge realize that EMCC Receivables is responsible for validating the debt and confirm their genuine collections. Send your DV letter to their mailing address through certified mail and return receipt requested. Keep one copy documented in your folder. The judge can't take any decisions against you when the set of laws are already posted for the consumers in the FTC website and the collector is violating it.
It might also be possible that this is a case of identity theft and someone else charged you on this account. You should notify your creditor and give your details to the credit bureau. Get affidavits from your local police station. You need all documentations to show in the court.