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Weltman, Weinberg & Reis is collecting my debt

Date: Tue, 02/10/2009 - 13:46

Submitted by mcfranson
on Tue, 02/10/2009 - 13:46

Posts: Credits: [Donate]

Total Replies: 6


I got a letter from their Cleveland, OH office stating that my balance due 6079.59 and then 4 days later they file a judgment against me for 5984.59 and their Pittsburgh, PA office is listed on that. I read about the class action suit against them in Indiana. I was going to call them to settle but now I wonder if I should call a lawyer.


This is curious to me because I am in Indiana and have been sued by WW&R. I went to court with them and got my judgment set aside for their failure to validate. We have since settled. They rightfully got a default judgment because I ignored the summons but when they attached my bank account, I decided to fight it, mostly because I wasn't prepared for them to take everything I owed at once. I would show up to court and ask the judgment be set aside for improper service if they didn't serve you a complaint or an order to appear or a summons.

Do you have any more info about the class action suit like, where did you find that information? Thanks.


lrhall41

Submitted by ndmike25 on Tue, 02/10/2009 - 15:34

( Posts: 88 | Credits: )


Thanks for that link. Yes, the sheriff is appointed by the court to serve summons. I believe they should have notified you via a complaint first that you were being sued and you get a chance to come to court and defend that. If you didn't go, they will get a default judgment against you. Do you mean they SUED you four days later or you got a judgment four days later? They are different things.


lrhall41

Submitted by ndmike25 on Tue, 02/10/2009 - 18:23

( Posts: 88 | Credits: )


On the 23rd of what? Was this the first letter you got from them? Does it have the 30 day disclosure giving you the right to dispute? If so and if they filed a lawsuit before the 30 days where up you can counter sue them for multiple FDCPA violations, up to $1,000 plus other damages. It might be better to hire an attorney for that as it will work in your favor and the debt collector pays his fees.

Win win for you.


lrhall41

Submitted by pokertramp on Tue, 02/10/2009 - 18:42

( Posts: 512 | Credits: )