Law firm Machol and Johannes want to take me to trial

I take it you are in Colorado? First off do you know what it is for, the last time a payment was made? You can't just request validation at this point. It is in litigation and there are court rules you need to follow. You can only request validation during the discovery phase and even then it has to be formated to the court rules in court terms. Simply writing a letter saying what you want is no good.

It looks at this point that discovery could have ended. How long has it been since the lawsuit was filed and have they served you with interrogatories, request for documents or request for admissions?

It might be hard to get an attorney at this point. If you did it right when you where served you had a better chance. Because you already answered the summons and are in litigation, attorneys usually do not get involved but it does not hurt to try.

Here are the court rules for CO...

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

They served me with the summons at the end of October. I replied with the above response because if I don't reply they get a judgement against me. I requested the information on the account of which they have never replied to me. When they went to court November 17th for the summons the case wasn't even brought up because their attorney asked for a continuance. Why, I'm not sure. The paperwork they sent me through USPS was just an "announcement" that they "plan" to set a date January 20th to take it to trial. A trial has not actually been set. And no I have not been served with interrogatories, request for documents or request for admissions. I feel like they're just trying to scare me into giving them money when they have not even proven that their client actually owns the debt. This debt has been sold 3 different times so I don't trust nor do I know who actually owns this debt. Any other ideas on how to handle this? I feel like they are breaking the fair debt act because they are harrassing me but have given me no proof that this debt actually is "owned" by their client. Their lack of answering my inquery tells me that they don't have the proof.

I guess my next question would be, should I try and negotiate a payment plan with this law firm? If I do this though I want PROOF that their client owns this debt. Without this I will not work in negotiations. The problem is that I'm stretched so thin that what I would be able to pay monthly and what they would want will not be agreeable. I have no assets, I have $200 in my bank account. There is no money to give so they can harrass away but they can't squeeze blood from a turnip. Therefore, what would be your suggestion? (pokertramp, I also responded to your reponse above). Thanks.

I cant speak of the state your in but in NJ you really have nothing to fear from the court, unless you owe a huge amount of money and have assets. NJ, Ocean County is very pro settlement. If that fials the judge will try to settle it himself. Having failed that he will hear the case. Worst care you will receive a judgemetn against you for what you already owe + cost (if the judge thinks they deserve to e awarded the costs) If you show up, act honest (and I assume you are) and tell your side of the story, with some backup paperwork, the judge will do his best to keep you from handeling the sticky end of the stick. If you dont show or the judge thinks your a dirtbag trying to get over on him,,, well ???

I would just wait for the trial date then. If you have no money or assets then they can't get a dime from you. If you are on SSI SSDI or a few other incomes, they can't touch that either unless it is for child support, taxes and I think government student loans.

They will most likely need something at the trial to prove you owe, simply saying you do will usually not stand. Worst that can happen is they get a judgment against you that they cannot enforce if you have nothing.

I'm having the same problems with them. First they issued a Motion for Revivor of Judgment. I didn't respond and then I received a Motion for Citation with a court date. This debt is sold old. It was taken off of my credit report in 2004. I don't know whether to take them seriously or to just ignore them.

Their process servers have talked to my neighbors, they've stood on my front porch yelling that they are from the State of Colorado and I owe them money. They are ruthless! They have terrified my family.

I don't know what to do either.

You should not ignore anything from the court...though i do have to wonder at someone yelling at you from your porch claiming they are from the state and you owe them money? Doesn't sound like any court officials to me.

You should immediately contact the court where this case is filed and get all the particulars! Especially if this debt is so old its been off your credit reports for 6 years it is likely past the statute of limitations, but if you ignore it you will get a judgment and be forced to pay it.

As I said, whatever you do, don't just ignore it. Fight it.

what ended up happening? I am going through this also

This law firm is the nastiest out there. They have been able to get my Chase checking account frozen last afternoon. A judgement was obtained against me while I was away out of the country. Donot ignore anything from this company, fight it.

I, too, have just received contact from this law firm. They called my parents home looking for me. My mother told them I don't live there and not to call their number again. They replied with "We will stop calling you when she calls us." Can this be a form of harassment?? I called them back, only to get a voice mail, and then left them a vm and an email telling them that they are to no longer contact my parents home. I gave them my cell number and have yet to hear from them. I don't know what is going to happen next. Now I am concerned that they will freeze my bank account as well.

I received a summons from Machol and Johannes representing a credit card company.

I just faxed them a letter stating that I am indigent. My sole income is from Social Security. I do not own a home. I have no savings, CD, IRAs, stocks or bonds. My only vehicle is 13 years old, I have no assets of any value, I am single old and infirm.

I noted:
Of course it is your prerogative to continue with this suit and incur time, travel and meal expenses. Or, to incur the expense of hiring a local attorney to act as your agent in this case.

I have heard they can't get to my Social Security. Is that true?
Comments anyone?

Guys here's my situation and I would appreciate any advice;

About 3 months ago I let this debt collection agency know that I was going to declare bankruptcy and to send me the copy of my settlement with them to give to my lawyer once I got one. Flash forward to yesterday, my bank account was frozen, over 1800$ and of course I can't get ahold of them all weekend. The .messed up part of this is I was going to use that money to retain a bankruptcy lawyer I had been in contact with next week. What should I do? Can I get part or all of that money back? I received no contact from machol & Johannes about any intent to freeze my account or anything and have never been through something like this before. "Frozen" you and I sound like we have similar situations, how did yours turn out ?

Chrome...problem is that it sounds like they already had a judgment against you. Were you served? Did you respond? Show up in court?
Dont count on getting that money back anytime soon, if at all. It may be taken by the bankrutpcy court once you do file as a preferential creditor, if they took over $600.

About a year ago I was served to go to court for this matter but we never went in front of a judge instead we came to an arrangement of a payment plan and I was paying up until April. But regarding the hold on my account of attempt to sieze funds? No I never received a summons for that or any type of notification.

Have you checked the court dockets? It sounds like they got their judgement and when you stopped paying, that left the door open to freeze your account.

These people are the devil...period...why the courts work with them is beyond me. They do not return phone calls will not acknowlegde payments...they want all your monies and more and more. There has to be a way to stop them. Let me know of another attornery to help. They just will not return phone calls ever...they just want your money, if they come to my door again I will have a utility :mad:

The courts do not work with them per se....they file an an action (lawsuit) which anyone is entitled to do. They are under no obligation to acknowledge your payment....they are not a billing service and they dont have to provide customer service. Your cashed check is your receipt. It is their job to collect money...nothing more.