Law Office of Vincent P Cignarale

The SoL applies to where you are a resident now. If a debt is past the SoL then you are protected from being sued. You still owe the debt however.

My suggestion,if it is out of SOL and you intend to pay it off, make sure you get everything in writing.

my suggestion is that if you can't pay the original debtor or don't owe the debt--then don't pay anything because once sold to a collection agency and then sold to a junk debt buyer--this will never end --whatever is happening to you now will continue and keep going on just a different name and junk debt buyer

I recieved a call also all this month from them and I am afraid its a scam. What does everyone else think? I asked them to email me and they never did, but later sent me a letter which looks so unprofessional and Ive never recieved letters from this place before and they claim that they sent me plenty in the past, which is not true. Im not buying it! Althought the debt is on my credit report I believe that they are trying to scam me, crazy how its the highest debt too. I am scared this is a scam which someone has our private info.

If you don't know what debt they are refering to, you need to send them a debt validation letter. They will need to tell you where the debt came from,ie: Sears, and the amount, if they are legally able to collect on the debt, etc. Send this certified, return receipt and keep copies and notes of all correspondence with them.

Feel free to ask questions..karen, :D

I just got a call at work at the same time nmy wife got one at home and my Father in Law got one looking for me also. All recordings from Vincent P Cignorale Law office. He rents his license out to a collection agency in NY. He only joined the NY bar last year right out of law school. I have no idea waht they want and I am not sure if I should call them back or not. I heard they use the "arrest warrant" trick. What do you think. Ignore them? They have refused validation in the past according to what I have read on the web!

Frog
Call them.....they already have your number. Have fun with it and see what they are up to.

I will try when I leave work on my cell. In one of the items I read they use your return call as an admission of owing the money regardless of what you tell them. That is insane!

I'm more strict when it comes to CA's If they were to refuse validation or threaten me with arrest I would tell them that it is violation of fdcpa and they WILL comply or I will pursue proper avenues of legal complaints such as AG's office, FTC, and civil action.

I told LVNV funding this a while ago and I haven't heard anything from them since.

I would suggests trying to work with Mr. Cignarale's office. I like you was skeptical and did not return their phone calls. I was then sued not only for the original debt i owed but court costs and attorney fees were included in the judgement against me. Currently my wages are being garnished 15% and they will not except any other payment plan at this point. Call them up and work something out if this is your debt... good luck,. john from new york!

My husband made the mistake of not showing up on his court date under similar circumstances years ago. If a consumer does not understand their rights, and does not learn how to determine when a debt collector does cross over the line, this is often the result. Fortunately, our tough times are behind us, but during that dark period, we learned...a lot.

If you are served a summons, you still have specific rights, and if you follow procedure, can produce evidence that the debt is time barred. A copy of your latest credit report is available for your use, and will show the date of last activity on the account. If the report is in error, you have the right to dispute an entry. Read, learn and exercise those rights.

We made it through the rain, and you can too.
Best wishes.

Beth and Frog--

For both of you, it is legal in your states to record the call, so I would not call them back at all until you are in a position to do just that. Frog--you said that they try to claim that any call back is an admission of the debt, well recording the call will counter that dishonesty. Oh, frog, I reread your post and for some reason I thought you were in NY too...sorry bout that!

Ok, one more thing--it is 100% illegal for them to be contacting your father in law at the same time they are calling you and your wife, because the fdcpa only allows third party contact when the purpose is to locate you. They already located you at work and your wife too, so that call was a direct violation of the FDCPA's third party contact statute.

As for "John McFarlen" up there, sorry, but I gotta call BS on that post. New York law has a maximum of 10% wage garnishment allowed unless the debt is child support or alimony, yet you claim to be in New York and subject to 15% garnishment. This tells me that you are either getting garnished at an illegal rate, not very likely since the courts set that, or that you are probably a debt collector yourself. Sorry, I am not buying that....

Wow, I guess it is 10%, nice catch.

man, that was me...forgot to sign in again!!!

yeah, something just didnt add up, I remember seeing the 10% earlier while researching for someone else in here. Sounds like a DC bored at work and playing games again, telling us that "this attorney is really a good person, you should work with him"....

i was just contacted by them for a debt that i do owe for 2005...they threatened me with legal action...i requested proof of the debt in writing.....im in miami FL, can they still sue me for a debt in 2005?

...actually they called my father! Where they got his number, I don't know! I called them back and they told me I have an online loan I haven't repaid from 2006. I asked them for proof in writing and also via e-mail. That was 2 nights ago, and still nothing in my e-mail. i even checked my spam filter and everything. The woman was very nice, even though she told me they'd garnish my wages for $385.00. However until I see proof, I am not going to do anything. I will however be disputing this charge until I receive real proof that I owe anything. Since I haven't taken out an online loan, well, I'd be curious to see what they come up with.

Guest, the SOL in FL is 5 years, it is a possiblity however since you submitted a written request for validation (which is what I think you meant by requesting proof in writing) then they are bound by fdcpa to produce the validation before proceeding with further collection activity. If you have not sent a written request then you should send it certified mail, return receipt requested. Also, if you would like a template to use for a validation letter I have a good one in my signature.

They cannot just garnish $385 from your paycheck, say you make $400/check, they just can't take it out and leave you with $15. The federal cap on wage garnishment is 25%, even then they still need to be awarded a judgment first, which would mean that they need to sue you to do that.

Now then, they could do it if you did take out a loan and there was a wage assignment clause in the contract, but those can be revoked by the borrower. Also, they are probably talking about a pay day loan, if it is not yours then just say, this isn't my loan, send them the debt validation letter and include a full cease contact notice with it.

hi Kiwi--

you were lied to--they cannot simply decide to garnish your wages. They would have to take you to court, win a judgment against you, and then they could do that. By telling you that they would do that, she broke federal law.

You requesteed validation, but you need to do it in writing, both because thats what the law requires, and because you want to cover your butt--whenever you communicate in writing you have a record of what has been said. Also, when you send them the validation request, be sure to send it certified mail, so you will have proof that they received it.

Thanks to those who have responded. Because of an issue that happened to me last year with a collections agency (GC Services), I did a LOT of reading on collectiong agencies and my rights. I do know that they can't just garnish without a whole process. However with my previous phone call the other night, I did neglect to get their address (a big Oops! on my part), so I cannot send them anything in writing until I get the address from which they were calling. They did tell me they would send something to me, so I'll wait it out and see if anything shows up in the mail. Either that, or I'll wait until they try and call back again.

I'll keep you all posted on my findings. Thanks again! :-)

Here you go Kiwi:

GC Services, LP
6330 Gulfton PO Box 2667
Houston, TX 77081
Phone: (713) 777-4441
800-727-5848
Fax: (713) 776-6689

Web Address: www.gcserv.com

Sorry about that, I kinda jumped from one agency to another. GC Services has already been handled. I meant to say that I did not get the address for Vincent Cignarale. The account with GC was handed over to another agency, Sunrise Credit. In this instance it was a legitimate debt, but GC was quoting me about $6,000 that I still owed, Sunrise told me it was only about $500, which sounded correct to me. That $500 has been paid.

30 Church Street, Rochester, NY (585) 428-6625

Skydivr7673 , some states DO have what's known as pre judgment garnishment.

Is that similar to wage assignment? Unless it is included in the contract I don't see how due process could be bypassed.

Honestly, I'm not stressing over it until they show me proof of the debt. They didn't even really tell me the company from which the PDL was borrowed. Once I get that information, do I then check to make sure that they are actually authorized in my state? (Just want to make sure i have the procedure down)

Thanks again to everyone! You all get hugs from me!

30 Church Street, Rochester, NY (585) 428-6625

this address is for vincent Cignarale? i definitly have a problem with them...they are threatening me with law suit for a payday loan from 2005, i asked them for validation and they said they dont have to...i am a debt collector myself and familiar with fdcpa...i dont break the rules..it makes me upset that they do because it gives all of us a bad name. but then again i dont collect debts for hard collections..my debts are like if some1 forgets to pay a month or two haha.

Quote:

So a judge still has to sign off on it, ok gotcha, that makes much more sense.

Learn something new every day :D

Actually my wages are being garnished 15%, so maybe you should do you home work a little better :D

Actually my wages are being garnished 15%, so maybe you should do you home work a little better :D

Welcome to the forum Mr. McFarlen.
Perhaps you could elaborate on your comment?

JCEMT - I noticed that they have not come back to respond...probably moved on to another thread to cause trouble.

SOL WORKS LIKE THIS PAY YOUR BILL SCUM BAG

BOY THAT WAS ARTICULATE,NOW SCRAM PDL BOBO. :P

So much for the Newspaper article on how collection agencies are trying to change their ways. This pretty much blows that out of the water...

I'm sorry but I have to reply to this one:
Debtor:
a person who is in debt or under financial obligation to another~Miriam-Webster~
That means that if you pay money to monthly services like electricity, gas, water, garbage, rent, mortgage, insurance, cable, etc. that makes you a debtor by definition. Congrats on insulting yourself.

Got a call from this number today too. Have been getting calls for a month from the alleged offices of Attorney Vincent Cignarelli, from any number of phone numbers, who I have found a plethora of fraud information about online.

The caller claimed to be "John Wesson" and left a callback number of 866-878-5796 x326. When I asked what the call was in regards to he stated "we have a file here in the office that directly concerns him", and when I asked if he would like to leave any additional information he said "not at this time."

This is all after I made the idiot mistake, about a year ago, of getting a "payday loan" - the payday loan company then fraudulently began deducting unagreed upon amounts from my bank account, forcing me to close it. I then started getting calls at my job about how the FBI was allegedly going to come arrest me, and so on and so on. Eventually the receptionist at work caught on and just started hanging up on them.

It seems likely to me the whole thing is tied together and I have no fear of being sued by this Cignareli idiot.

Welcome to the forum Jexified, please keep in mind that debts are civil matters, not criminal. You cannot be charged with a crime, arrested, or imprisoned. They have already violated the fdcpa by saying that the FBI would come to arrest you. You should file complaints with your state Attorney General's office and the Federal Trade Commission. You may wish to consider seeking legal council to explore the possibility of initiating a civil action against them.

PLease help I am dealing with this company as well. My loan is for 317.00 which I paid several interest payments on. The original company e payday loan refuses to talk to me stating that they sold my account to these go-rro'ss.. They offered me a payment settlement however I cant do it since I am trying to get caught up on all my payments from the paydya loan cycle.

They are a collection agency working under an attorneys license. My attorney sued them for several violations of the fdcpa for repeatedly calling my in laws and myself at work and for posing as lawyers. They dropped the case, marked it PIF and paid my lawyers legal fees.

I have received a number of calls from this "law office". I do not know what they are talking about and I was informed by my attorney NOT to call them as they can reopen old accounts that were charged off. So the best thing to do is ignore them. You have every right to do so since they are harassing people at work, home, at relatives homes and on cell phones. I am on a mission to make sure these people lose their business license. They buy old debts and try to collect by any means possible. DO NOT REPLY unless you want to open a can of worms and have them reactivate accounts that are no longer open.

are you kidding me people..stop being scumbags and pay the debt that you owe..you are the reason our country's economy is shit..stop complaining and follow the contract you signed when your original lenders gave you their money!

are you kidding me people..stop being scumbags and pay the debt that you owe..you are the reason our country's economy is shit..stop complaining and follow the contract you signed when your original lenders gave you their money!

are you kidding me people..stop being scumbags and pay the debt that you owe..you are the reason our country's economy is shit..stop complaining and follow the contract you signed when your original lenders gave you their money!

feel better camx,good now run along.nobody is interested in the typical troll lines.this forum exists for a reason.people like you and agencies like this.we are not going anywhere,nor am i about to just pay because someone like you says to.got it.

Camx, we know who the scumbags are. YOU AND YOUR MOMMA!!

This lawyer does not pay his debts either, so dont let them try to act high and mighty! He is a former drug dealer he was a crack head years ago) and I used to work for him. He will back down if you catch a collector breaking the law, and most of hte time he wont even sue you.

They called my in laws and they gave me there phone number. At first I was not sure what it was about becuase it was something way before I was married four years. I had a Bally membership and after a month I wanted to cancel because I was moving and was harassed by one of the clubs employees I talked to the manager and was assure that it would be close. Well, stupid me believe him a month later I receive a bill from them call and try to cancel and they would not because there was a Bally 50 miles from where I moved. I have tried to cancel ever since. Now I get this call and say that I was paying for six months and then quit. I think that it is a scam because I paid one month automatic from my account and nothing came out ever again. The person that I talked to threaten me with a law suit and really did not want to hear my reasons. I am not sure what to do I talked to a family lawyer and he told me that I should not pay it because Bally has had many law suits about not wanting to cancel memberships. I don't care about paying the money but if the membership was cancel when I wanted too then I would not have to be going through all this. Can anyone help :x