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Gerald E. Moore and National Arbitration Forum

Submitted by on Sat, 04/08/2006 - 17:07
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My husband got a Gateway computer financed by MBNA. He signed up over the internet, never signed any paperwork, and got the computer. He quit paying MBNA, and the account defaulted Oct. 2004. Apparently, the account was purchased by Worldwide Asset Purchasing, LLC.
We've received a couple of letters from the "Law Offices of Gerald E. Moore & Associates, PC" regarding the debt. The amount that they were demanding was more than what my husband's account balance was at the charge-off date. He chose to ignore the letters, since I've seen on different websites how close to illegal these so-called lawyers are.
Today, he got a certified letter I signed for. According to the paperwork, Worldwide Asset Purchasing is "represented" by Gerald Moore. Here's what it says, on the first page, in bold.

RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGIANST YOU FOR MONEY OR OTHER RELIEF. YOU HAVE 30 DAYS TO SERVE THE CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU.

Here's another line.
"Respondent(s)is/are indebted to Worldwide Asset Purchasing, LLC, as successor in interest to MBNA America Bank, N.A., for interest accrued since the time of charge-off in the amount of $1955.03."

Since when can the collection agencies charge interest?

I got on the National Arbitration Forum website that was provided with everything. It talks about these "cases" not having to go thru the courts, yet Gerald E. Moore also tacked on over $1K worth of lawyers' fees to my husband's total.

We live in Indiana, if that helps. What's up with this arbitration group? If there was no card, then there was no card agreement where my husband agreed to go to arbitration to settle outstanding debt. Any advice?


The arbitration thing is no joke. I think all the states and the United States all have laws requiring mandatory arbitration and divesting the courts of jurisdiction where an arbitration clause in a contract was agreed to. All the credit card companies now use arbitration clauses. When your husband signed the contract, he agreed to the arbitration clause. (I know, you said he didn't sign anything. You're confusing signatures with autographs. A signature is "any sign or symbol used or adopted with the present intention to authenticate a writing." That includes electronic symbols. Your husband signed a contract.)

I hope your husband had the presence of mind to keep a copy of the contract, because that's what you need to read right now to know how to respond. And I hope you sent the lawyer a demand for validation pursuant to the fair debt collection practices act within thirty days of having received his first communication to you.

As to your "since when can debt collectors charge interest" comment, what difference does it make who owns the contract now? The contract says interest, they charge interest. The contract says they get attorneys' fees, so they get attorneys' fees.

At any rate, the debt collectors cannot go to arbitration in a place other than that in which you live. So, what you can do is file suit against the out-of-state lawyers in the county court you live in - they're not covered by the arbitration clause. Get a lawyer who understands the fdcpa and file suit for all of the money they're claiming in their arbitration, as well as your attorney's fees.

I think an Indiana circuit court will be sympathetic to citizens of Indiana. I know they always have been when I've tried to domesticate an out of state judgment there. My advice to my clients is not to do business with people in Indiana, Maryland, or Florida because their courts have a history of protecting their citizens regardless of the constitutional "full faith and credit" clause. So I'd say you've got a good shot at it if you take my advice.


Submitted by Virginia-Legal-Defense on Sun, 04/09/2006 - 05:02

Virginia-Legal-Defense

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So, what you're saying is that CAs can charge interest on debts. I didn't think they could.
If my husband had the "good sense" to keep a copy of some agreement that he electronically signed, he would have had the good sense to pay his bill on time and not get into this mess. I'm still not understanding why he has to agree to a credit card agreement when there was no credit card. All MBNA did was finance the computer.
I've also heard that Gerald E. Moore and Worldwide Asset Purchasing aren't legit outfits. True or not?


Submitted by on Sun, 04/09/2006 - 19:08

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My situation is almost identical. I bought from Gateway around 1999-2000. I was young and not too good at keeping my records, but I did pay them pretty consistently. There couldn't have been more than a couple hundred left on my account when it went into default.

They've been calling me off-and-on for the last six months or so, but I haven't been fielding their calls at all.

Now, I got this same certified letter "arbitration" packet telling me in a bunch of legal mumbo-jumbo that I owe them around $2000 for the interest and fees of this mess.


Maybe if I ignore them, they'll go away.


Submitted by on Mon, 04/24/2006 - 16:11

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Mat, apply the laws of SOL on this account instead of ignoring it away. Each state has its own statutes within which the debt can be legally collected. This period is calculated from the date of last activity in the account. If you have not made the payment within the SOL period, you won't be held legally responsible to pay the account. You can send a letter to the company that the account is past the SOL period and hence you won't come under any legal actions.

Check your credit report and see the date of last activity in this account. This will be a better way to resolve this matter instead of ignoring it altogether.


Submitted by david on Mon, 04/24/2006 - 16:18

david

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Whoa - hey, thanks David. But one quick question...

When I originally started this account, I lived in Texas but I've been living in Oklahoma since '03 - would the difference in the SOL be different between the two states and which one do I have to go by?


Thanks!


Submitted by on Tue, 04/25/2006 - 14:27

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Statutes of limitations are rules of civil procedure; apply the one in the state in which the suit is instituted (under the fdcpa, a debt collector can only institute a suit in the place where the debtor resides or where the contract was entered into). You could be sued in either jurisdiction, so look up the SOL in each - it's not a matter of balancing, and if I were the creditor, I'd sue in the Texas county in which you lived when you entered into the agreement initially. Both jurisdiction and venue would be proper in that court. Sorry I couldn't give you better news.


Submitted by Virginia-Legal-Defense on Tue, 04/25/2006 - 14:32

Virginia-Legal-Defense

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By the way, anybody know anything about how these Gerald E. moore folks operate? Meaning, should I count on them to follow-up on their threats or is a lot of this just blowing smoke?

I'm just a middle-class college student, so I don't have a lawyer or anything.


Submitted by on Tue, 04/25/2006 - 15:21

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Arbitration clauses are enforced everywhere; basically no court has jurisdiction to hear the case if there's an arbitration clause in a written contract. So, did you sign a written contract? Furthermore, they'd have to get the arbitration done, get an arbitrator's award, and bring it into your local court for enforcement. If you have legitimate defenses, then it can't be enforced. Lack of jurisdiction in a different state can be such a defense. In theory, an arbitrator can ignore the law and do what's "fair". But just to protect yourself, if you get a notice of arbitration in the mail, and you think the SOL is up, then write a letter to the arbitrator, copy to the plaintiff or plaintiff's attorney, saying that you're appearing specially to ask for dismissal because (1) they don't have jurisdiction in the other state because you don't have minimum contacts with that state and (2) the appropriate statute of limitations has expired.


Submitted by Virginia-Legal-Defense on Wed, 04/26/2006 - 07:38

Virginia-Legal-Defense

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So I just got this letter in the mail from "National Arbitration Forum" (post-marked from Minneapolis, MN) stating:

As I have mentioned before, I'm a full-time student and I can barely afford to pay my monthly bills - let alone pay some lawyer to tell me that I'm screwed.

What are my options here? Should I just let this thing go and take the black mark against my credit (which probably isn't too great)?

I don't earn very much (I'm only able to only work part-time), so garnishing my wages would take them a long time to get what they CLAIM I owe.

What sort of repercussions am I looking at here - meaning that, if this goes through, will I be unable to use financial aid?


All of this is really confusing to me, and if someone could walk me through some sort of course of action I would really appreciate it.


Submitted by on Mon, 05/15/2006 - 10:42

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Mat, I will suggest you to make a small payment towards the account and stop the resulting legal actions. If it takes a legal shape, the judge will review your financial condition first before making any decisions. You will have to pay it in anyway as per the court orders. So, try to settle it outside the court if that is the situation. Also, you can consult a debt counselor to work out in this matter. If a judgment is awarded to you, the chances of help from the consultant will also go slim. Take a free counseling and get the problem solved


Submitted by john on Mon, 05/15/2006 - 16:22

john

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It's hard to say whether or not you'd still have access to financial aid - theoretically, your claim for aid is greater because of the debt, but if you're trying to get it through a bank, maybe the risk will be too much for them.

Note that under the fdcpa, a debt collector can only go against you where you live, or where a written contract was entered into. My guess is that those are both the same jurisdiction. That's where they've got to do their arbitration. File suit against Gerald Moore or whatever they're called in a court where YOU live for violation of the FDCPA.

There are two kinds of lawyers for folks in your situation, one kind will take your money to tell you you're screwed, as you observed. The other kind will say, "what do you want to happen?", and then try to figure out a way to get it done. My advice, get one of the latter, go on the offensive, and file suit against anyone you can who's involved with the thing where you live, under a statute that provides for reimbursement of your attorneys' fees. Best thing, find an attorney who'll do it just for that award of fees. File suit to enjoin the arbitration, for example, because of having brought it in the wrong place, for lack of in-personam jurisdiction (over you, that is), and because you never agreed to arbitration (and if you did, it was a trick for which you should be compensated under your state's consumer protection laws).

Caution: if you pay them anything at all, you renew their claim against you as far as statutes of limitations are concerned. The SOL on an "open account" generally runs from the last transaction date, whether that was a payment or a debit. Check state laws where you live.

Somewhere around where you live, there's a lawyer who'll give you a half-hour of his time for free to talk to you about this stuff. Find that person and talk about how your state's law applies. Do it now.


Submitted by Virginia-Legal-Defense on Mon, 05/15/2006 - 19:17

Virginia-Legal-Defense

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Thanks John and VLD, I appreciate you guys taking the time to respond - even though it probably seems as though I keep asking the same dumb questions. :)

"Note that under the fdcpa, a debt collector can only go against you where you live, or where a written contract was entered into. My guess is that those are both the same jurisdiction. That's where they've got to do their arbitration."

The original contract was made in Texas (in 1998) but I have resided in Oklahoma since 2003. I don't know if that affects this in any way.

"Somewhere around where you live, there's a lawyer who'll give you a half-hour of his time for free to talk to you about this stuff. Find that person and talk about how your state's law applies. Do it now."

Is there a specific category of lawyer I should look for or should I just flip to "Attorneys" in the yellow pages and just start calling people up?


Thanks again...


Submitted by on Mon, 05/15/2006 - 22:34

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I'd start with "consumer law", then go to "civil litigation" or "courtroom" lawyers. btw, check everyone you know for a referral first. some lawyers are really good, some are really bad, and most are average. success stories from family and friends (or disaster stories for that matter) are a good indicator.


Submitted by Virginia-Legal-Defense on Tue, 05/16/2006 - 04:33

Virginia-Legal-Defense

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I've had dealings with these sorts of guys in the past and I think you should just stonewall em.

So they take you to some Arbitration court and "win" the case, so they bring that case to your local court and "win" that case also-- if you just ain't got the money you ain't got the money, they can't take blood from a stone.

I mean what's the worst they can do, put a little black mark against your credit record? Oooh scary! If your credit is as you said, its not so good already. They can't garnish your wages or touch your social security refund (if you get one) and they can't mess with your financial aid either - that's all fedeeral stuff, the government can mess with that stuff if your screw up your federal loans stuff.

Matt, I say wad up that notice from Jerk E. Moore and invest a couple dollars in a decent callerID and a wal-mart paper shredder. Eventually they'll stop calling and sending stuff. Don't let these guys swindle you bro.


Submitted by on Wed, 05/17/2006 - 08:26

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Yes they do follow up and have actually filed lawsuits its just a case by case basis though but they will not just go away....and as stated if goes from the last activity on you account as to when the debt is no longer witin statues.


Submitted by on Thu, 06/01/2006 - 17:21

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THANK GOD! I stumbbled on this website out of desperation. I've been reading all the q and a's but please somebody just give it to me straight! I am about 2 days away from paying these guys 718.00 on my also default payments on a Gateway computer I bought almost 8 years ago. I got the arbitration letter and the whole 9 yards too. I live in KY and I did consult an attorney through Legal Aid but she couldnt tell me much. I did respond to them and offered to pay the orginal debt of 718.00 instead of their outrageous claim of 3200.00+ for their fee's and etc. I just want them to stop. They are threatening to seize everything I own- which aint much! Freeze my assets, freeze my checking account, etc! Can they do this??? Will they??? Please help me - I'd appreciate anything you can tell me to do. I also saw on another website a letter I coudl print out to send to them telling them to basically leave me alone or I'd sue them. The person said it is legal and it works but I sure dont want to tick them off even more. What do you think???


Submitted by on Fri, 06/02/2006 - 19:20

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Alright Jill, take a deep breath and relax.


First--the absolute worst thing that they can do to you is give you a little black mark against your credit. That's all! No debtors prison or slave labor, just a little piddly mark that says you didn't pay a bill--and if it's gone this far there's a good chance you've already got that little black mark.

These guys aren't the Devil, but I'd almost swear that they work for him--and I say don't let them have a single red cent. If it's been more than 4or5 years since you sent Gateway any money then I would almost guarantee you that the Statute of Limitations is expired on the account. If that's the case, then guess what--THEY CAN'T COLLECT BO-DIDDLEY-SQUAT! :-)

Either way, like I said before the worst thing they can do is mess up your credit. They can't garnish your wages or your SS returns--and no, Mat, they can't mess with your student loans or financial aid. They can only threaten and harass good people into an unethical perversion of legal loopholes--and theyre actually not supposed to threaten you but they do anyways. Don't send them money or even take their calls.

These guys are dirty dirty blankety-blanks and certainly not worth the trouble they cause.

Jill, I say just ignore them and let them send it to arbitration and file whatever "charges" they want--you don't mind them at all and if you see "UNKNOWN CALLER" on your caller ID, then just roll your eyes and let it ring. Eventually they'll get tired of calling and sending you stuff.


Peace.


Submitted by on Fri, 06/02/2006 - 21:31

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Thanks Curt! I have been online for hours, I have dug up so much dirt on GEM! Why didnt I do this 2 weeeks ago? SO MUCH SLEEP LOST. I do see that, I think Im right- that it has been over 5 years now since I defaulted. It was an oral agrrement- over the phone and the statue of lim. for that is 5 years. But- before I realized that- I TOLD them I didnt dispute the debt, I mean- if Im nice they'll be nice right?? OK- stupid I know. So now I am changing my mind, I am feeling a litte more brave and I migth go ahead and do the "cease communications" letter citing the unenforcable because of time thing. But what about the arbitration thing? I told them in my response that I offered GEM 718.00 as a settlement offer. Am I now bonded to that? I mean- I basically gave my word I'd do that. I havent experienced alot of the nasty stuff that I see others have but come monday when I tell them all bets are off, I think Im in for a heck of a ride. THANKS so much for your input! I so aprreciate! Im relaxed. :)


Submitted by on Fri, 06/02/2006 - 21:58

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I never gave them any bank info, I was smart about that! :) But- can they find that out and just go behind my back and "freeze" my account? That just scares me to death- thats how I pay my bills! Yeah- its already a "mark" on my credit- for once thats the least of my headaches!


Submitted by on Fri, 06/02/2006 - 22:05

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I'm not entirely sure what you mean about them "freezing" your account--especially since you said you didn't give them your account number.

They can't "go behind your back" and get into your bank account any more than I could. :-D


All is well, get some sleep.


Submitted by on Sat, 06/03/2006 - 00:29

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Gerald E. Moore & Associates has a reputation of bullying and treating people poorly. Gerald E. Moore himself is a licensed lawyer in the states of California and Georgia only. You are not dealing with the lawyer. You are dealing with a collection agency. One which is known for stepping on and over the law.

I recieved a letter from them and it clearly had false information in it. They claim to be acting on behalf of Worldwide Asset Purchasing which is no longer a legal company. Worldwide was purchased by West Corperation. West legally combined Worldwide Asset Purchasing with multiple companies and formed west asset management on 1-3-05. There is no information on Worldwide as far as address or phone numbers to be found. They put false information in the letter so that I would call the number on the page they sent.

I am also in the process of finding out if they knowingly reported false informational to Equifax about this account. Moore & Associates is based in Atlanta, GA as is Equifax and the no longer existant Worldwide. Although this portion of West is still run by the same scum that ran Worldwide.

The fact that they are all in Atlanta makes me suspicious of this next portion of information. This information didn't show up on my credit until their involvment. My Equifax credit report states that the account is with Hurley State Bank and that the address is:

C/O Associates Commerce
PO Box 8189
Johnson City, TN 376150189

I have never dealt with Hurley State Bank or Associates Commerce. They are two entities just like Worldwide that no longer legally exist. Hurley and Associates were both purchased by Citigroup. A portion of Hurley was absorbed into Citigroup. Associates Commerce a.k.a. Associates Commerce Solutions is now Citi Commerce Solutions. The address is also false, in that, this compnay is in Gray, TN and not in Johnson City, TN and the PO Box 8189 is for JJill. The correct address is:

Citi Commerce Solutions
541 Sid Martin Rd
Gray, TN 37615-6210

My suggestions for anyone being persuide by these people is to:

1. Read and understand The Fair Debt Collection Act. It gives a complete list of your rights and how your are to be treated by them.

2. Check the statute of limitations for your state. If you live in a different state from the one you made your purchase in, you need to know that state SOL also. The absolute only two places they can take any type of legal action against you is in the county and state you presently live in or the county and state that the purchase was made in. If the SOL has past then they are SOL. Ounce this has passed, to my knowledge, the only thing they can do is harrass you and report it on your credit for seven years. If the SOL hasn't passed, then you are playing their ballgame now.

3. The next thing to check into is your states recorded conversation laws. Thirty-two states allow one party permit calls which means you may be able to record what is happening to you. A recording is also easier to prove in court if they arein violation of the FDCA.

4. You also want to check your states collection laws about out-of-state collections. I am not sure of this part but, I think most state do not allow people like this to collect accross state lines unless they have some type of legal business entity in that state. This would include Moore & Associates and the company they represent.

My account is beyond its SOL for my state. I tried to work it out with another collection agency attempting to pay the $500 the account was at when it went into default. But that company would not send account information even after I sent them certified letters. They dissappeared when I got a lawyer.

When I dealt with the previous company I was stressed out and upset just like some of you in these other posts but it forced to learn what rights I have. I have investigated Moore & Associates and they are animals who pray on your lack of knowledge.

Thanks


Submitted by on Mon, 07/10/2006 - 18:07

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I have recieved a notification from USPS that I have a certified letter from Marrietta, GA. I too have recieved phone calls from GEM and ignored their threats. Additionally, I have read a lot about these people and their unethical practices online, so I am learly about picking up the letter and answering the phone. I think that my SOL is up next summer, but I will have to check. I live in KY and it is 5 years. I am not sure what I should do...ignore the letter or pick it up? Should I send a letter to cease communication? I feel that even if I was to send these people $ that they would not report the $ correctly. Does anyone know if they have any legal business entity in KY or how I could find out? Should I ask them to provide me with records/proof of the debit too - or will this begin the SOL again? I really don't know what I should do next and can't afford a lawyer. HELP!
Thanks


Submitted by on Fri, 07/14/2006 - 06:48

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I have recieved a notification from USPS that I have a certified letter from Marrietta, GA. I too have recieved phone calls from GEM and ignored their threats. Additionally, I have read a lot about these people and their unethical practices online, so I am learly about picking up the letter and answering the phone. I think that my SOL is up next summer, but I will have to check. I live in KY and it is 5 years. I am not sure what I should do...ignore the letter or pick it up? Should I send a letter to cease communication? I feel that even if I was to send these people $ that they would not report the $ correctly. Does anyone know if they have any legal business entity in KY or how I could find out? Should I ask them to provide me with records/proof of the debit too - or will this begin the SOL again? I really don't know what I should do next and can't afford a lawyer. HELP!
Thanks


Submitted by on Fri, 07/14/2006 - 06:53

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I am dealing with these creeps at the moment, and they have tacked on $2,700 in their own fees calling them all late fees. Can they do this? Also I have been researching them and their practice and found out that you may be able to send in a Cease Communication Letter by certified mail, and choose not to deal with a collection agency but to work with the original lender. Is this true??


Submitted by on Fri, 07/14/2006 - 08:08

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They got me good,I paid my over due debt, in the sums of $1,144.00, since I paid I've been waiting for a release letter, its been three months, so I called,and got hung up on twice by two different people very rude and ulgy people, so what happens to my money other collection agency are calling about the same account.


Submitted by on Mon, 07/31/2006 - 17:23

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I just got a call from one of Gerald Moore's associates. She gave me 24 hrs to come up with a large amt of money or they will contact my employee.
It is on a credit card debt. I'm afraid not to follow up on this.


Submitted by on Mon, 08/07/2006 - 09:08

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I've been hearing from them for over 1 yr now on a credit card account transferred from my father to me. They have been threatening to both me and my dad and he isn't even on the acct. anymore. When I called the MBNA, they said they didn't have his name on the acct any longer so I don't see why GEM keeps harassing him too. They used to call everyday - sometimes 2-3 times both at my work and at home. They stopped for a couple of months and have now started again. They called last night just a few minutes before 9:00 p.m. I didn't recognize the caller id and answered but pretended I wasn't there. This lady told me that she had a "voice analyzer" and knew it was me; needless to say I hung up.


Submitted by on Wed, 08/23/2006 - 10:29

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What is SOL?


Submitted by on Wed, 11/15/2006 - 12:28

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GEM has contacted my father and my work. I live in Nevada. The fdcpa in Nevada states "may not contact your place of work and harass your employer, may not talk to third parties or send letters to other people about you or your debt, and may not constantly harass you through telephone calls".


Submitted by on Wed, 11/15/2006 - 12:41

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If the person doesn't have the pertinent information ie. date of charge-off,date of last payment from their records then they need to pay. It blows my mind at how individuals forget about their obligation and try to keep from paying once they have been tracked down. Your best option is to negotiate a settlement to close the claim and help yourself from having a judgment enforced against you. Everyone has different situations that keep them from paying but if you have the money PAY!! This is part of the reason why the economy is bad. People borrow on credit but have not paid on the accounts. We conveniently forget the promise we made when the account was opened/authorized for our use. If the shoe was on the other foot, would you want someone to make good on a loan to you?


Submitted by on Tue, 11/28/2006 - 17:46

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I am currently going through the same thing that a lot of people are with Gerald E. Moore and Associates. I recevied a phone call at work and I told the man that my attorney sent them a cease and desist letter and not to call me anymore. The man then called my cell and said that I should act professional and GOD blesses those who act professional and he is glad that I hung up on him. He said that he is now going to pursue the case full force. I have contacted my attorney to find out about the Debt Collection Act and a few other legalities. I live in North Carolina. Also, if you go to the different search engines (google, yahoo, ask, msn) there are tons of posts about Gerald E. Moore and Associates and how to fight them.


Submitted by on Wed, 11/29/2006 - 06:38

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I too was contacted last week by this outfit. They never did tell me how much I was supposed to owe. The "lady" I was speaking to got very upset with me, told me their lawyer would be in touch with me and then hung up on me. Also, is the SOL the same or similar in every state and if so how long of a period is it usually?
When I asked for something in writing she said they had sent 4 letters to me already but I never received anything from them. She also said they had placed calls to me 44 times since September but the first one I got was last Friday, at least the first message they left on my machine. I've also heard that this outfit was a bunch of scam artists, is this true? Does anyone know anything about that?


Submitted by on Wed, 11/29/2006 - 23:03

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I also had many problems with Gerald Moore and asoc.

Over a year ago, I began making payments after having convinced one of the associates "Darryl Jones" that I could only pay 50/month. "When I had more I would give more" I said to him. I also asked him if they would stop interest.

He said, yes it will stop.

My original debt from BofA was about 2,000.(it was later sold to this company "west asset management" Which I made payments to. even though all telefone calls were from "The Law Office")

I am from CA

I payed close to $1,500 until one day a few months ago I received another phone call from "the Law Office" .
A Mr Coolin left me a message to call him back.

when I called Mr Coolin back to check, a secretarial person said he was not there, but that he probably wanted to negotiate as I was not even paying interest.

Of course I was in shock and when I tried asking her more questions she decline to give me any more information.

Mr coolin called me back to tell me I owed more than 2500!

Of course, I complained, but all I got was his manager who insisted my contract with bank of america stated there was interest to be payed. etc etc.
He yelled at me and told me my monthly payments wich ranged from 50 to 200 /month was only to prevent them from taking legal action against me.

I am really confused about this debt, as I do not believe anything they tell me. I do not trust them!

I stopped making payments and submitted a complain to the FTC .
The FTC replied giving me some advise, one being to write to them and try to send them a letter first, before disputing the claim.

I did send them a letter (certified via USPS) asking them to
tell me exactly how much I owe, how much I have paid. Who owes this debt and from where it originated. I also asked proof that they were allowed to collect the debt from the company who owed my debt etc etc.


I also requested a free credit report from equifax to check what have they reported

I am still waiting for the response(and my credit report). My next step is to check on my credit report and if I disagree on their claims. I believe I can dispute the claim online if I disagree.

I feel totally screwed. To be honest I don't think anything will come out of this. I am so angry they will get away with what they did.

I tought I had made progress paying my debts with my mediocre income. Now I am not sure I can't do anything except save time with this dispute aproach(and maybe save some money) and hope I will have another 1500dlls to give these crooks so they can finally leave me alone.

:(


Submitted by on Tue, 04/17/2007 - 12:41

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My last payment to MBNA was Oct 2002. But last summer Moore & Associates seized my bank account with out giving me notice. Does this mean that a payment was made and does this make the SOL change. He is now stating with a letter dated March and postmarked June that he is going to garnish my paycheck for 6 months. can he do this.


Submitted by on Wed, 06/20/2007 - 07:32

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having read your letters I can say this-most of you had stopped making payments long before your problems with GEMA started had you been willing to make restitution on your debts 3rd party would not have have started--future warning to you-call your credit card companies make payment arrangements and collectors wont feel the need to get aggressive with you


Submitted by on Fri, 06/29/2007 - 08:59

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Why do collectors have to get agressive? Why cant they just act like human beings? When reasonable payment arrangements are trying to be made? They just want more and more. KYSIDE38


Submitted by KYSIDE38 on Fri, 06/29/2007 - 09:03

KYSIDE38

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Quote:

To whom it may concern, 10/03/2007

A CRY FOR HELP

Please help the little person fight corporate America and their lies and false statements

On, Feb. 16, 2006 someone representing Citigroup Inc at One Court Square, 14th Floor, Long Island City, NY 11120, submitted a rebuttal to Ann Luekeman, Consultant for the Department of Fair Employment and Housing at 111 N Market Street, Suite 810, San Jose Ca 95112, and the statement entered is false and full of lies . Ann Luekeman also conducted the interviews for the investigation and was also lied to by Jeff Ursino and Kathleen Munoz during their interviews. I feel that the case needs to be investigated due to the fact that the DFEH made their decision with false statements submitted by Citigroup attorney and their employees. Sheri Paulo, the Employee Relations director for Citigroup was aware of the false information submitted yet even though they/she said they would submit a new statement they did not and stood by the lies knowing they were lies. I was wrongfully termination, harassed, by Jeff Ursino, and I can????????t understand how an attorney lies to the DFEH and then they aren????????t held accountable. This is unethical behavior on all those whom lied and I have to pay for their lies. Citigroup violated several Ca labor codes in the process of firing me nor did Citibank follow their own firing procedures. I was not offered FMLA until months later.
I am begging that someone out there will help a mother who was simply trying to work be a mom and a wife making a honest living yet the manager and supervisor both lied as well as the Citigroup lawyers. Their lawyers requested more time to answer the DFEH yet submitted false information and this is unethical, please help us. I have been on disability since I was fired on 12/13/05 via UPS, I did not know I had lost my job until 12/15/05 because I was out on a workers comp pending case when I was fired. Violation 132A.My last pay check was direct deposited into my checking account, it was not included with my letter of termination. I would like to know who submitted these false statements for Citicorp and or Citibank and Citigroup. I don????????t have a team of attorneys as they do or the funds to hire the right attorney to get to the truth. Please help us.

Sincerely,




Damari Stratford
1291 Ord Grove Ave
Seaside, Ca 93955
831-236-0112


Submitted by on Mon, 10/08/2007 - 04:22

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What I find more interesting is that a couple of 'guest' comments & one from 'collector' are clearly from the overly aggressive & rude peeps we are all dealing with & complaining about.

Dear Guest & Collector (if u are still monitoring site) I understand that you make minimum wage & pull commission on the dollar amount in payments you generate. But here's a piece to the equation: consumers are becoming better educated on how you can LEGALLY interact with us.
I hear ya on the 'honor your debts'. But LIFE happens; check the stats for the bankruptcy % in the US. Whether you take it personally or not; there are needs that come before you or your original creditor. Most consumers do not enter into agreements with intentions of defaulting.
Take this into consideration next time you try your scare tactics; you reap what you sow. Call acting beligerent and rude; you'll get exactly that in return. IF we speak to at all. You'll probably receive an earful of laughter as we terminate the call.

Site visitors: arm yourself with the legal ins and outs of your situation. There are a ton of well educated peeps on this site; they are more then willing to help you. Dont give up! Dont give in!


Submitted by on Mon, 10/08/2007 - 07:02

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Yeh these people are suing me too in Arizona Civil court for a arbitration award. I am fighting it as of now. Research all the internet boards for info is what I did. Fight it every step of the way if you can. I am doing it without an attorney. I plan to appeal if I lose. They are scum bottom feeders looking for people to scare into submission. Dont do it. There is legislation pending in Congress against these forced arbitration contracts. There is not fairness to the consumer. The deck is stacked in favor of big business and the banks. Good luck to everyone.


Submitted by on Fri, 04/04/2008 - 14:19

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Welcome to the forum Bloo.
One thing that might help is looking at the validation letter template via my signature, use that as a list of items to request during discovery. If they fail to produce the requested documents you may be able to motion to dismiss with prejudice.

Additionally if you could answer the following questions I may be able to better assist you.

1. I see you mentioned AZ, is that the state you reside in currently?
2. What type of debt is this?
3. When is the last time a payment was made on this debt?


Submitted by JCEMT on Fri, 04/04/2008 - 14:32

JCEMT

( Posts: 2934 | Credits: )


Hi all. I have been contacted by Gerald Moore & Associates. They called me at work. I asked them not to call me there and gave them my cell phone number. When they called me at work they claimed that we had been playing phone tag and I had left a message for them. I had never even heard of these people. I am a teacher and was in the classroom with students, so I gave them my cell number. I did not hear from them until a month or so later when they called me at work. I emailed them a letter to stop calling me at work and requested that they send me something through the mail. I never heard from them. A month or so later, a neighbor that I didn't even know knocked on my door asking my husband if I lived at this address. They had called them and left their name and number. I called them and the person I spoke to got very rude with me saying that they had already filed papers for a judgement or garnishment against me - he said I knew that I owed this debt and should pay it. I told him that they had not sent me anything on paper and until they did I did not wish to speak to them again. He started to belittle me and told me if I wanted to continue being a deadbeat and avoid paying what I knew I owed that they would continue on with the judgement as they were simply doing me a favor by calling. Yesterday I received an advertisement type letter from another attorney that practices in my town stated that they've noticed a judgement or garnishment filed against me. It gives a court document number and suggests I consider calling them to file BK. I live in GA, where I understand Moore is allowed to practice. What do I do?

Thanks for any help!


Submitted by on Sat, 04/19/2008 - 08:26

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Welcome to the community Amy. First I would suggest contacting the court with that docket number to see if a judgment was filed against you. If so you will need to speak to the judge who oversaw the case and let him/her know that you were not served and that you need to motion for the judgment to be vacated due to improper service.

I would also suggest sending this law firm a debt validation letter (you can find a template via my signature link) send it certified mail, return receipt requested.

So far the violations that I can see (Fair Debt Collection Practices Act) are:
1. Calling you at work when you have notified them that such calls are inconvenient or not allowed.

2. Speaking in a manner in which to abuse or oppress the listener.

3. Failure to send written notification within 5 days of initial contact.

I would suggest filing complaints with your state Attorney General's office as well as the Federal Trade Commission. Additionally you can find information on vacating a judgment via my signature link.


Submitted by JCEMT on Sat, 04/19/2008 - 12:56

JCEMT

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