apothaker and associates

Could you give us more details about this debt, for example when did you last pay on it and what state do you live in so we can check and see if the account is SOL. Did Midland ever contact you before about this debt or is the summons the first you heard about it? If it is you can tell the judge that midland did not give you the legally required 30 days to dispute this debt and you can demand for all the validating documentation in the discovery phaze....but really we need more information to better help you.

Thanks for yr reply. The last date of payment I believe was in mid 2005. I live in PA. I received the summons first; I received a letter from Midland a few days later. Also, the summons doesn't show a court date. I check with the county court, there's also no date although a judge has been assigned.

The last date of payment I beleive was made in mid 2005. I live in PA. I was served with the summons first; the I received a letter from Midland a few days later. Also, the summons doesn't show a court date. I checked on the county courts website and although it shows my case listed; it doesn't provide a date although a judge has been assigned.

Sounds like it is still in SOL but as I said before, make sure to answer but do NOT agree to anything, deny it all on the basis that you have not had a chance to check it out and tell the judge that the company did not give you the required 30 days to dispute, heck you can even counter sue for $1000 for that and require all the documentation in discovery.

thanks again. so i should be getting served with a court date or can they proceed without notice. Also, would it be too late to attempt to make ctc with apothekar. Finally, how can I answer this summons. Is there a sample letter?

The summons was notice...didn't it come with a set of questions? You should answer the questions with agree/disagree/Insufficient information to agree or disagree.....personally you should answer anything even remotely talking about the debt as 'Insufficient Information to agree or disagree' since they did not even give you a chance to dispute it. You should call your country clerk and ask them how you go about filing a counterclaim and do so, based on not giving you the 30 day notice. You might even be able to nail them for not having given you 'this is from a debt collector' spiel that ALL first contact is supposed to have.

What's the difference between a summons and a notice to defend. It appears what I was served was a civil court cover sheet, a notice to defend - civil ( with 20 days to respond ) and the complaint itself. It did not come with a set of questions. Nor was there a date to appear. I though that when you were served; you were given a date to appear.

I am not sure what the difference is, someone should come around who may know for sure. You might still want to call the courthouse and ask them how to respond if you intend to countersue and that you deny the complaint.

I would assume that once you respond, you would then have a date set, but again you should ask the court about that as well.

I received a summons to defend myself in a suite brought against me by Apothaker and Assoc. for a debt that is at least four years old. I sent a letter to them that the SOL is over four years and that if they didn't drop the suite that I will be forced to notify the State Attorney General for violating the fdcpa and the Federal Trade Commision with a fine of $1,000 for the violation. Unfortunately, I haven't heard that they dropped the claim and I can't seem to get in touch with the Municipal Court in Philadelphia, PA. The court date is 10/22/08 (tomorrow) and I am not sure what to do.
Help????

you show up to court and request that the suite be dismissed.that is if it is past SOL.if so use the SOL as your defense,but show up.that is better than a default judgement.

If the SOL is not past, you can also ask for validation during discovery, if they can't provide it, the judge will dismiss the case.

What happens if you let the 20 day response letter go by after getting a civil suit filed against you. They would win by default judgment correct, but what does this mean they can do legally since they won?

What state do you live in? Post judgement enforcement varies from state to state.

Pa.

PA statutes are extremely diffiuclt to navigate but here's som info. Wages are 100% exempt:

PENNSYLVANIA

--------------------------------------------------------------------------------

PENNSYLVANIA STATE LAWS
http://members.aol.com/StatutesPA/Index.html

Interest Rate: Legal:6% Judgment:6%

Statute of Limitations
Open Acct:4 ???? 5525
Written Contract:4
Domestic Judgment:5 (writ of revival within 5 yrs.)
Foreign Judgment:4
Lien against real estate 5 yrs
Personal property Ex:20 yrs.

Bad Check Laws (civil penalty): After demand and judgment triple damages in amount equal to $100 or 3 times the check amount whichever
is greater up to $500.

General Garnishment Exemptions: 100% of wages, certain pensions, retirement accounts & Keogh plan under certain circumstances, and $300

Thanks. I was debating what to do. I understand they may be able to go after my bank account which I have nothing in it and nothing coming in. I cannot afford an attorney and I am being sued for an old debt, it was never my intention to not pay but I was rear ended a few years ago and did not have full tort, so I am now living at my moms and unable to work. I was wandering in my situation, would it be better to just not send in the 20day paper work, to just avoid the court date which I would probably not be able to attend anyways, as I go from day to day with my injuries, some better then others. Apothaker is suing me on behalf of capitial one. What would you do in my position, not working and no money. Thanks for all your help.

I was served today by a constable I need to know what I should do to defend this suit first. They gave me 20 days to answer I am not sure what to do?

OK first off do not panic. What state do you live in, who are they suing you for and if you remember when was the last payment if it is your debt? Who is the debt collector, the original creditor and attorney?

I take it that apothaker and associates is the attorney?

You will need to respond to the summons within the time said but without some information we can't helps as much so anything you can tell us without getting too personal will help fight them. This guy is bad news and if we can't help you or if you can afford it, NACA.net also has some good attorney's.

We are here to help so sit tight.

Hi, I just received a call at my place of employment stating they are attempting to collect a debt. At this point, can I be certain that they are just beginning the process?

yes that is usually how it starts.what number comes up on the screen when they call?

The no. that showed up was 856-780-1000. I called back and received a voicemail. I stated to never call my employer again and that I am fully aware of my FDCPA rights. I work in mortgage foreclosure and am aware of collection practices.

Here's a question, if wages are exempt in PA, how can they collect?

A default judgment has been entered against me for Providian credit card debt. The attorneys were Apothekar and Assoc. I just received an Interrogatories requesting information. In the meantime, Apothekar is still calling. Should I answer the interrogatories? Or try to make payment arrangements?

check with the court clerk on this.were you served?what state are you in?chances are if you were not served,or served incorrectly you can get the judgement vacated due to improper service.

A check with the county clerk shows that a default judgement has been entered against me. The sheriff's office showed up and served papers back in the beginning. The debt is legit. However, it's confusing because now Apothekar has sent me a letter asking for info on my assets, ssn, bank accts. In the meantime, they are still calling. am I compelled to answer their questions even though they've already recieved a default judgement against me? Also, should they go after my bank acct, will I receive notice first? I reside in PA.

I just found out these people emptied my bank account with a levy from the county. Not sure what that means, but I have never even heard of them, talked to them nothing. So how did they get permission to put a levy on my account. I did have a Providian Visa when I was 18 but prob haven't paid on it in 6 years, due to an injury and job loss that i was never able to recover from. I called them and they said the "person I need to talk to is there" I called at 430 and they said the person left at 430, how convenient. Si now I have to call in the morning. Not sure how to go about this

Check with the bank, request a copy of the order. If it was because of a judgment, then you may have not been properly served with the Summons. Call your county civil court and find out if there were/are cases against you. If so, ask them about how to file a Motion to Dismiss Due to Improper Venue.

Yeah, I actually did go and get the paperwork from the court. The address they had was from years ago. Whoever lived there 2 yrs ago signed for a certified letter from them, which was the only thing they had in the court papers. Funny thing is, is the date on the certified letter when it was signed.... I was in the hospital recovering from surgery. Soooo, I have filed a motion to vacate a default judgement. Hopefully it won't take too long beings that they did it on the 30th so they got my rent money along with all my other bills. Now, since it is now past the SOL, does that basically make them exactly that? SOL? And since I never got my 30 days for discovery, or whatever it is, can i also go after them for damages? And if so, when do I get to stick that to them? It was funny making them stutter on the phone the next day when i asked them to fax me the paperwork showing why I owed the money.... which they of course, couldn't find.

Wow, what a coincidence!

They will have to sue you again and that is where you would argue the merits of your case and consider a possible countersuit.

You didn't get the dunning letter because of the fraudulent signature by the resident that the letter(s) was/were mailed to (I'm thinking that it was sent to that address).

As far as SOL, that is a valid defense to dismiss the case with prejudice, if you had to go to court. In this case, the whole case needs to be thrown out via Dismissal. It's doubtful that it would be reopened at this time.

Wow, using an over 2 year old address really points out how bad their verification procedures are!

So I files that motion to vacate default judgement. And now today I got a letter from the lawyers for a notice of motion for turnover for the monies they levied from my bank account. Don't they have to wait to do that beings I filed the motion to vacate? What do I do now?

Well I went to court this morning. I believe the lawyer didn't want me to stand up in front of court and say anything after he realized that I now know what I'm talking about regarding debt management cause he basically was trying to throw the money that was levied at me and just get me out of the courtroom. I also then told him that I requested debt validation when they levied it and he then said oh well the paperwork might not even exist and I told him that that was his problem then wasn't it. So this should be done. Thanks for the help!

hello all
today i recieved civil suit papers by a private server . he just left them on the step and said to a person other than me here these are hers ... He did not even give them to me diirectly. I am being sued from a lawyer for a company that bought this old charged off debt... The funny thing is that the original company- providan has sent me a letter stating that they have closed my account and that they have removed it from my credit account . BTW what does SOL mean .
Please can someone help me.