Judgement - Counter Sue?
Date: Thu, 03/31/2011 - 10:28
After consulting the legal self-help at the court house and a debt lawyer my boyfriend and I found that he could not get the order vacated. They told him all he could do at this point was either go through the court to set up a payment plan that the collector had to legally accept, get the collector to set up one with him or let the collection agency continue to chase him for the money through garnishments.
He was able to get them to set up a payment plan to satisfy the judgement.
However, there are SO MANY laws this collection agency broke and I want to counter sue. Is that a possibility even though he'll be paying on their judgement?
They threatened him, harassed him, screamed at him over the phone and berated him. The one collector even tried to scream at me through the phone, while he was on the phone with her. They never sent him a letter after initial contact containing the amount owed or anything. They also didn't respond to his DV letter properly.
It seems the collection agency is acting as two companies as well. One is called ARSI and the other Michael and Associates. Could we sue both companies seperately?
Also, when the lawsuit was filed it listed AMEX as the plaintiff and Michael and Associates was their lawyer. After calling AMEX to see if they were willing to accept the payments for the judgement my boyfriend found out that AMEX never sued him. The told him they hadn't had his debt since April of 2009 and sold it off at that time.
He didn't receive the summons for the lawsuit till August of 2009 from Mann Brackett LLP - who I guess was pretending to be the lawyer for AMEX for the lawsuit. It's all very conveluded. And we've explained this all to a lawyer and he still says that we can't get the judgement vacated and just to set up payment arrnagements for the judgement.
Any thoughts or ideas?
He was able to get them to set up a payment plan to satisfy the judgement.
However, there are SO MANY laws this collection agency broke and I want to counter sue. Is that a possibility even though he'll be paying on their judgement?
They threatened him, harassed him, screamed at him over the phone and berated him. The one collector even tried to scream at me through the phone, while he was on the phone with her. They never sent him a letter after initial contact containing the amount owed or anything. They also didn't respond to his DV letter properly.
It seems the collection agency is acting as two companies as well. One is called ARSI and the other Michael and Associates. Could we sue both companies seperately?
Also, when the lawsuit was filed it listed AMEX as the plaintiff and Michael and Associates was their lawyer. After calling AMEX to see if they were willing to accept the payments for the judgement my boyfriend found out that AMEX never sued him. The told him they hadn't had his debt since April of 2009 and sold it off at that time.
He didn't receive the summons for the lawsuit till August of 2009 from Mann Brackett LLP - who I guess was pretending to be the lawyer for AMEX for the lawsuit. It's all very conveluded. And we've explained this all to a lawyer and he still says that we can't get the judgement vacated and just to set up payment arrnagements for the judgement.
Any thoughts or ideas?
The collection agency sent him a letter to sign that even states
The collection agency sent him a letter to sign that even states this agreement for the repayment is entered between him, an individual and AMEX and has a place for "Thomas Baxter - Title - Agent of American Express"
