Machol & Johannes

First check your county court and see if this case as in fact been filed.

If so, then immediately file your answer....the summons should have a numbered list, you will want to answer each of these with agree/disagree/without sufficient documentation to agree or disagree.

Then during the discovery part you will want to send a set of demands for all documentation.

We can help you further once we know if it is in fact a real summons.

I called the county court office and they do not have any cases filed under my name but she did say to check back next week again.
Is it common for a summons to be delivered before there is a case filed?
Should I call M&J and talk with them directly? From what I've read on here that doesn't usually go over so well, sometimes makes things worse. If I call can I record the conversation and use it in court?
Should I go ahead and try to get legal aid any way? I found a service in denver that offers legal aid to people with low incomes, like me, but there is a long waiting period.

We would need to know what state/county you are in to look up rules of civil procedure. Some states have different laws but in general I think a suit needs to be filed first, then the summons gets sent out. I am wondering if it is a fake summons made to scare you into a payment.

I would immediately send out a DV....if you get it in before any case is actually filed then they acted illegally because filing a lawsuit is considered continued collection activity. Basically a DV asks for documentation to prove a few things, that the account is yours, that they are the right people to be collecting and that the money they say you owe is the correct amount owed.

You could call the clerk back and ask if it is normal for a summons to be issued without court stamp or a case even actually filed.

If it isn't...then you have a fake summons right there and that is a violation! They are using deceitful means to collect. You should include in your DV that you spoke to the county court and there is no case filed and that they are in violation. I would also complain to the state bar, the AG, the FTC and anyone else you can think of. But as I said, need to make sure it is a fake summons.

They have 15 days to file the case. This is legal in Colorado. They serve without a number to scare people into paying. I got one of those and they never filed. This is illegal.

M&J accepted what I firmly believe is a fraudulent case, supposedly filed by Alpine Credit in Arvada, CO.
Alpline claims they filed in '04. State I send letters back then, and that they send verification. But NOT validation. Then, they contact me, for the first time, with a letter from Dec '09, stating account of mine reduced to judgement. All completely wrong, since I was never contacted prior!

Refuse to provide any information regarding the situation.
Filed AG complaint, twice about them. As well as an FTC complaint.
Want to contact court, and see what, if anything I can do about this bogus claim.

Just my .02 worth of experience with M&J.

contact the court and look to see how you were served. Since you weren't served, file a motion to vacate based upon not being served properly.

I just had my bank account wiped out by M & J for a Capital One card. My credit union gave me a courtesy call to let me know. I was totally blindsided by this! Should I check with my county court to see if they have any filings? (today is President's Day so offices are closed)

Totally blindsided. Thanks all.

Did your bank tell you if it was a garnishment? If it was then definitely call the court the second you can and ask about it. If they did sue you and you were unaware then you were not served properly. You would need to go down to the court and look at the case, see how they served you. THEN you need to file a motion to vacate due to improper service.

If it wasn't a garnishment then you need to tell the bank the withdrawal was unauthorized and you wish to dispute it immediately.

I will go to the court house tomorrow when I get back in town and get copies of my case. Called my bank this morning and got the county and case #. Will let everyone know! Thanks again.

Was it sued in your county of residence or in another county? If it is done in a county not your own then you can also vacate it due to to them suing you in the wrong county.

I went to my county courthouse and got the case for M&J suing me and emptying my checking account and I never knew why. Here is what I discovered.

An "Affidavit of Service" was performed on Augugst 30, 2009 (yes that date is correct). But I never had anyone serve me. The "Additional information" section said I lived in a secured facility (that was true, I did). And that the process server called me and I told him I would not let him up (this DID NOT happen-I never received a call where I said that). Then it continues that the Process Server gained entry through a security guard (my condo did not have a security guard) who verified me as a resident (no way this happened since...no security guard). It then says the server began banging on my door and I didn't answer. My neighbor came out and verified me as the resident (funny since there was no way she could have known my name). And ID'd me as 50ish (close but over), 170lbs (not for 15 years or so!) and black/gray hair (yes-finally!). Server then announced in a loud voice that he was serving me by refusal and that he left the documents on my doorstep.

The Plaintiff is Capital One
My Q on this is: Can Machol & Johannes put Capital One if they purchased this debt?

The writ of garnishment with Notice of Exemption and Pending Levy was signed on October 13, 2009.

The Default Judgement was done on October 9, 2009.

And then my account has money taken out on Feb 18 2011...isn't that a long time to wait?

The lady at the court house also game me (without me asking) a "Motion and Order To Set Aside Default Judgement".

So my question now is basically What step is next?

Thanks.

Also: My original debt to Capital One is for $1,100 and now M&J wants over $2800 and I NEVER WAS SERVED or even saw any papers a process server left "on my doorstep".

goldenbast:

Please see below. Thanks!

Fill out and file that motion citing improper service. They can't just leave the summons on your doorstep and no one can verify who you are....it has to be served to you or someone in your household (over the age of 16) for it to be properly served...at the very least they would have had to serve you with certified mail if the claims they are making are true.

Contest it. Explain that at no time did you ever speak to a process server and that your neighbor would have a hard time verifying you since they don't even know your name.

When the judgment gets vacated immediately send them a dispute letter....if they try to sue you again while under a DV, you can counter sue them for the violation..they have to validate before they can file again.

Please Please Please.

Machol and Johannes obtained a defalut judgment against me with no service. If you click on my name you can find another post by me in regards to this. The Affidavit of Service was a complete and total lie. If the original poster who is dealing with Machol and Johannes could contact me directly that would be great. We may be dealing with the same process server and I've learned a few things about him and his company. I don't want to post too much here for now but would love to talk with you.

I'm for real...and we both maybe should talk before I go to the Attorney Generals office of the local police.

You should do what was suggested above..contest it!

Doing that.....will see how it goes. I'd say more but I wouldn't doubt if collection attorneys troll this board. But "sewer service" is apparently common with this law firm....I suspect they know or should know what is going on with the process servers they hire.