Summons from Daniels Law Office - help!

anyone? I am really stressed out about this.

You've got a complex situation so I feel the need to qualify my response, but have you considered acquiring legal representation of your own? Because it kind of looks like these guys are playing fast and loose with the fcdpa.

I really can't afford legal representation at this time. I keep reading that CA's have thirty days to respond to a DV letter, but Daniels took 90, and didn't sent the info I requested. I am wondering if at this point he is just hoping I don't show up for court? I know he received my answer to the summons, because I sent it certified mail, and just got the receipt yesterday. I am getting so frustrated with this whole situation. Thanks for responding!

When you say "fast and loose" with the FDCPA, doed anything in particular stand out? I am also curious if anyone has dealt with this particular collector.

When you say "fast and loose" with the FDCPA, does anything in particular stand out? Also, I am curious if anyone else on here had dealt with this collector.

When you say "fast and loose" with the FDCPA, does anything in particular stand out? I am also curious if anyone else on here has dealt with this particular collector.

Hi,

Actually, according to the Fair Credit Reporting Act, when you send a dispute to the *credit reporting agency* they have 30 to 45 days to respond. The creditor/collector is under no such constraints. Basically, if it is a black mark you are disputing and the creditor/collector doesn't get right back with the CRA they will remove the mark. HOWEVER, if the creditor/collector validates the debt and the black mark, the CRA will put it right back on.
It does help in court, however, to prove that you have made attempts to straighten things out.

You have filed your answer, that was the thing to do at this time.

chrys

This might help out some. Google Wolpoff and Abrams and you will find many MANY links about how they are able to "create" false judgments, and other kind of court papers. They are also a HUGE contributor to National Arbitration Forum, so that you can use to show that National Arbitration Forum has a financial bias towards them. Pull out everything that you can before you go to court. Also check out bud hibbs. he has a long list of complaints against Wolpoff and Abrams and National Arbitration Forum. Good luck.

Thanks for the advice. I am wondering why the collector is taking this to court without sending me the validation I asked for. How can someone be expected to pay someone without proof that they owe that person money, or that they are paying the right person? Do the collectors rely on the hope that defendants won't show up in court? At this point, it seems that the collector is relying on the National Arbitration Forum document as sole proof of validation, even though it doesn't mention Daniels Law Office on it. I just read a really scary article from the Boston Globe from about 3 years ago. It talked about how the courts almost always ruled in favor of collectors, how thousands of cars were repossesed every year in MA for judgements regarding credit card debts, and how threats of jail time, and even actual imprisonment were used to get judgements payed. Since the economy had gone downhill, I imagine even more people are being put in difficult situations. If someone's car is taken, then they can't work, thus defaulting on all their other bills, which would make the problem worse, not better. It makes no sense.

Here's an update. I called the court to confirm that they had my answer on file, which they do, and now I have a case management meeting set up for June 12th. I sent the info for this case to a lawyer, who said he would look it over. He is actually involved in a class action suit againgst the plaintiff in my case. Also, I googled Wolpof and Abramson, as well as National Arbitration Forum. Speaking of class action suits, seems like they are on the receiving end of a few at this time. It also seems that they work very closely toghether, which would undermine NAF's claims of being "non-biased". I also filed a complaint with both the FTC and the MA Attorney General, saying that a suit was being brought against me for a debt that was not properly validated, despite repeated (and certified) requests for the plaintiff to do so. I guess I will see what happens.

Let us know how it turns out (I guess you won't know until June 12th.) Good luck.

Quote:

The 30 day rule can be a bit confusing, for sure.

The CRA has 30 days to verify the alleged debt or remove it from your report.

You have 30 days to dispute the debt, according to your dunning letter, or the debt is considered valid (admission by silence) after which it becomes more challenging to fight.

But yeah, some states have stricter rules in place so it is always difficult to be specific without knowing your location.

And yes, they rely on you not showing up. Most people don't. Once you get a default judgment for not showing up, it is very tricky to get out from under it. You must go, and plead your case in your defense. Even if you get a judgment, it will include an equitable payment plan that is geared for your specific situation.

I received a letter of collection from them. Do you know they took the origninal student loan amnt, added attorney fees and interest which doubled the orignal amnt owed! The amnt they say I owe is a bit more than $80, 000! I don't know what I'm going to do. :cry:

Do you have any more details?

I carefully, through a non profit consumer debt assistance service, repaid to Daniels Law Office $1,300+ from a credit card I defaulted on. This was seriously inflated amount from the initial debt. I paid the entire thing off, and then the next month (10/09) I get a letter from then, they did not receive their payment. So I call them last night and was informed I owe an additional $471.00 in "fees" that they say I agreed to pay when they took me to court. He said some $131.00 was a court cost and the rest was....interest and fees. I said oh, 35%, that is dumbfounding. He said oh, it isn't 35%, that is just the way "you are looking at it". I have to look back, through the papers, but this is America after all and it is hard for me to grasp that the court would feel I should pay an additional 35+% to these people when the balance owed was about double what I actually owed with false fees to begin with. These people are vultures. Who can I write to? What organization helps people like me? I paid every penny they said I owed them. These people are frightening and prey on single mothers and people who have lower incomes. I don't have any money to hire an attorney, and I can hardly take a day off work to go to court if in fact I do actually owe this, that will just add to the cost. Do I have any rights at all? They already told me they will take me back to court if I don't pay this. Any comments? Email me, [email]sandradee_jd@yahoo.com[/email].

I have had a miserable time dealing with Daniels Law Offices. They are suing me for an alleged debt, but haven't provided any proof that I owe any money. They keep dragging me back into court, and making excuses that "they ordered the document, they are waiting for the documents, blah blah blah...." I have had to go to court twice, and now have to take more time off of work and go back again. Do you have any documentation proving that they overcharged you? What kind of agreement did you have with them? You should file a complaint with the Federal Trade Commission and the Massachusetts (if your in MA) Attorney General. I am not sure if that will help, but if enought people bring their shady tactics to light, maybe something will happen. I am confused by your post, though. You said they are charging you court costs, but also said you can't take a day off to go to court. Are they trying to sue you again? Have you already gone to court?

Latest news is that Daniels Law Offices in Quincy, MA closed their offices on 1/14/11. I'm getting a recorded message when I call. Just wondering if they have been taking the payments and forwarding them to the original creditor.

I just found out that this law firm closed.