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I am being sued by Weltman, Weinberg & Reis Co., L.P.A.

Date: Tue, 03/23/2010 - 06:32

Submitted by anonymous
on Tue, 03/23/2010 - 06:32

Posts: 202330 Credits: [Donate]

Total Replies: 14


In May of 2008, these people agreed to settle a debt with me. I was to make 3 payments of $700.00. I made the first payment over the phone and asked them to send in writing the terms of our agreement. I never recieved anything but phone call after phone call from them wanting more money. So, I put a stop payment on the checks. Now, they are suing me for almost 3xs the amount that they agreed to settle with in the first place.
From my understanding, they are a collection agency. .. not my creditor (Capitol One). When I recently called capitol One, they told me I didn't have a debt with them and it has been charged off. .. .. my agreement was with Capitol One NOT Weltman, Weinberg & Reis Co., L.P.A.. .. What do I do????? I have to have an answer to the courts by 1 April 2010. I am so upset with this. I am a single mother. NO income because of failing health. Going through a nasty divorce. . . I am at the end of my rope... someone please help me.


Have you received a real court summons from OH? If so first contact that clerk of court and tell them you live in OH, they should be able to tell you what to do there. If you have already received a summons a DV wont do any good you would have to ask for discovery at trial-make them prove they own the debt, something with your signature and proof they own it-bill of sale, not a printout from their computer. Honestly I would try to get ahold of paulmergel on this site-he seems to be the most knowledgeable on this site. He has given some awesome advice here. But, first check with the clerk of courts where the summons was issued from and tell them you DONT live in OH.


lrhall41

Submitted by on Tue, 03/23/2010 - 12:43

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Quote:

Originally Posted by Anonymous
Have you received a real court summons from OH? If so first contact that clerk of court and tell them you live in OH, they should be able to tell you what to do there. If you have already received a summons a DV wont do any good you would have to ask for discovery at trial-make them prove they own the debt, something with your signature and proof they own it-bill of sale, not a printout from their computer. Honestly I would try to get ahold of paulmergel on this site-he seems to be the most knowledgeable on this site. He has given some awesome advice here. But, first check with the clerk of courts where the summons was issued from and tell them you DONT live in OH.


Yes, it is a real court summons. Who is paulmergel on here and how do I contact him? This is insane! I already can't pay a bill.... but am expected to go to another state to plead my case??!


lrhall41

Submitted by on Tue, 03/23/2010 - 12:57

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Contact the court immediately as was suggested earlier and see what to do to get the case dismissed for being in the wrong court. Curious, did you get the summons at your current address? If so then they know exactly where you live and did it anyway.

That case should be dismissed. Then immediately send a debt validation letter certified mail return receipt. Tell them you need a copy of the signed agreement and/or contract, one that is legible. You also need proof they bought the debt and that they are the ones legally able to collect upon it. Did the statement reflect what they say you owe? If it did then you don't need further statements, but if it didn't then tell them you need a breakdown of all the extra charges.

Inform them that you will also demand these things in discovery should they sue you again and that you will counter sue them for the violations of your rights. Also mention that you are perfectly willing to make payments as originally agreed, but that you want said agreement in writing and should they take you to court again, then you will provide the judge with your financial information (if they can even provide the proper documentation in discovery) and that the judge will likely set you up with a payment plan much lower then what you initially were going to do.


lrhall41

Submitted by goldenbast on Tue, 03/23/2010 - 13:50

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Thank you... they sent me the summons to my previous address... I informed the courts that I live in PA... .. they said they would "grant me extra time to find a lawyer in OH" ... I really don't understand why....
So.. can it really be dismissed because they filed in the wrong state? They have pulled my credit report more than once... I know that has been updated with my current address... and I have lived here for over 6 months... I am so frustrated.


lrhall41

Submitted by on Tue, 03/23/2010 - 16:47

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