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dirty tactics or what?

Date: Sat, 05/29/2010 - 14:12

Submitted by anonymous
on Sat, 05/29/2010 - 14:12

Posts: 202330 Credits: [Donate]

Total Replies: 10


My spouse and I had credit cards from Washington mutual. (2 accounts). they offered we took, had low limits and we paid on time so they raised the limit. then well things went bad I got hurt, lost my job and my husbands hours were cut. I called the credit card company to cancel both cards and was told I couldn't unless I could pay the entire amount on the cards right then. at that point we were at half of our credit limit on both cards. So we cut up the cards and made payments when we could. I read that bad credit card debt was included in Washington Mutuals bankruptcy filing, and we never heard anything for several years. Now we got a summons to go to court from a third party collections.(midland)
My husband was served first by a sheriff who literally rammed our door so hard non stop for 3 minutes (my living room windows rattled and I dialed 911 because I thought it was a breaking and entering) our neighbors all came out to see what the noise was it was EXTREMELY embarrassing! and I was served 1 week after he asked for validation of ownership of debt at 11:19 PM I was woken up from a sound sleep and again the police car blocking the street with the dispatch radio at full volume. So again the neighbors were out looking to see what the commotion was.
so here's my questions
1) how can I find out if ours was one of the bad debts in the bankruptcy?
2) If the sheriffs are hired to serve summons aren't they considered an extension of the collection agency at that point and shouldn't they also have to abide by the time of contact laws? (after 8Am and before 9PM)
3) How can I find out if Midland specifically instructed them to deliver in this manner?


The bank filed bankrutcy, not you. When a company files for bankrupcty, that doesnt mean that it affects your debt. Your debt was an asset that was sold off as part of the bankruptcy. You still owe.

It is a requirement that the process server not be a party to the case. In some states, it is a requirement that the process server be a sherriff or cop. They do not have to follow collection laws. Rules would be set by your jurisdiction so check with your sherrifs office.

No, Midland would not have specifically instructed them anything. They are sending out hundreds of summons...it is not a personal.


lrhall41

Submitted by SOAPLADY on Sat, 05/29/2010 - 14:26

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Once I thought about it I realized I should have said the attorneys office representing Midland. It was actually the attorneys who were rude and refused to give me any answers and they were the ones who filed the summons..and tacked on additional fees...
thanks!


lrhall41

Submitted by on Sat, 05/29/2010 - 15:04

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In my answer to the summons i asked for proof of debt (since this was the first time I'd received anything from the collections agency) and sent a copy registered mail to the court and to midland. I recieved a letter a couple days ago from midland,saying they received my letter and will need 90-120 days to get that information from the client to me.


lrhall41

Submitted by on Mon, 05/31/2010 - 07:32

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No I sent it to Midland and the court..The attorneys office refused to even discuss this with me when I called. I assumed, ( maybe correctly, maybe incorrectly) that they would not be of any assistance that would make my answer to the summons easy..
Also I just read the rules & regs for my state and saw that the regs require the attorney's who filed the complaint/summons to personally take it to the sheriffs office and pay in person. So there was one on one interaction and an opportunity to encourasge the sheriff to be aggressive.It could have as simple as saying that the person being served is very hard of hearing to encourage 'pounding" on the door VS knocking.. just a thought......


lrhall41

Submitted by on Mon, 05/31/2010 - 10:13

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the point is that they didnt deliver just YOUR summons, they likely delivered HUNDREDS. and more importantly, a sheriff or officer who is probably already inundated with these things could probably give two shills about how the plaintiff would like the summons served.

while dv'ing is too late, make sure you cross that road during discovery.


lrhall41

Submitted by on Mon, 05/31/2010 - 10:37

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