Apothaker and Associates - do I need to answer my summons?

If you can afford an attorney, don't wait. It's pretty tough to individually deal with these crooks who often manipulate the laws. Look for some free legal assistance in your area. You will have some ideas on your next move.

I agree Moki, if u have a phone number and/or email get in touch with em! I'm sure they'd love to hear from ya! Who knows u might end up getting $$ from the CA! ha ha
Sweet justice,
Ang

moki--

first, I am glad we could help you out. Please keep us updated.

Ok, this attorney would likely be a really good idea. For one thing, this lawyer is already familiar with how this collector handles things because he/she has dealt with them already. I would definitely call them and see about getting a consultation, at the least. Second, a good lawyer will help you in court, and is better able to answer specific questions or file motions, etc etc, than the average person is. Give it a shot, thats my suggestion. Maybe they will even allow you to get a free consultation....

This whole thing is starting to wear me down. I really don't feel that well and I wonder if it's even worth the fight.

I hate fighting something long distance. I'm looking at a summons addressed to me at my mother in laws address. I'm a bona fide resident of PA and can't even find a lawyer here that will touch the case because it's in NJ. Contacted a lawyer on NACA or whatever the hell it is and he wanted 2500 retainer. The other attorney who answered said I had to meet the income requirement. Good God, is there an attorney out there who works for money.

The attorney referred to me by a friend told me this. Oh just take your name off of the bank account and the house and you'll be ok. He was in NJ. Then he emails back and says there's nothing you can do. You'll have to wait until they get to PA to dispute this.

My question is how do you know what they are telling you is true? All I can say is I'm sitting here like a chicken on eggs waiting for those green cards to arrive.

I'm very worried that both the court and the attorney do not send answers or whatever back to my mother in laws, I'll never see it.

I guess I'm just going to have to call them and be sure that they have the correct address. Should I really rely on them seeing the PA address when they didn't see it to send the summons? Would I be dreaming?

I'm just so disgusted. Did you ever wish you didn't wake up in the morning?

Aaawww Moki,
It's ok, take a few deep breaths... it'll all work out! U be strong and we're all here to support u 100%. Did u try to contact that one attorney that u found on here??
It's all gonna be ok, that i promise u!
Hope to talk soon,
Ang

Hi Ang,

I did contact the gal and she didn't get back yet. Seems like during the summer months attorneys take Fridays off to make long weekends instead of taking long vacations.

It's just the waiting that's killing me. I'm not a person who likes to drag things out. I'm one of those "take care of it NOW" people. Get it over with so you don't have to worry.

Now hubby is worried that these people are bothering his mother. All I'm hearing is "she's 85 years old, she doesn't need anyone ringing the phone and pounding on the door, etc. etc. etc."

I scream back then why did you send everything there when we moved? We should have got a PO box at the post offic here.

I just have a lot of suspicions of what is going on at this mother in laws and he won't say anything. I just hope she didn't sign my name, she's easy to manipulate and will basically do anything she's told. Truthfully, if he didn't go down there that weekend, I would have known nothing about it. God forbid you should pick up the phone and call. You see she sees a phone call from NJ to PA as costing too much money.

It's been a long 18 years with that woman and I can write volumes. My dear mother told me to watch her. I just don't get the logic behind not calling when mail arrives. I mean mail was sitting there for 4 months! His sister lives with her, why not just take it put it in the envelope and send it to us.

I can only thank God that he went down that weekend and brought back that summons otherwise things would have been worse.

Thanks Ang for the support. It's going to be another long weekend!

Yep ur right, thank Goodness he did go down there! That's a blessing in itself! :D
Hey come into chat i have a few mins before grand wakes up! Then the day starts! lol
Hope to talk soon,
Ang

moki--

in NJ law, I found a statute that applies to your difficulty in getting a lawyer. Remember in the thread, when I posted all the specifics about what they missed? The summons, in order to follow the legal format as set forth by NJ law, must advise you of your rights, and this one did not do so. Hang on, let me find it again....this is word for word taken from NJ Rules of Civil Procedure, Rule 4:4.2:

[quote]If the defendant is an individual resident in this state, the summons shall advise that if he or she is unable to obtain an attorney, he or she may communicate with the Lawyer Referral Service of the county of his or her residence, or the county in which the action is pending, or, if there is none in either county, the Lawyer Referral Service of an adjacent county. The summons shall also advise defendant that if he or she cannot afford an attorney, he or she may communicate with the Legal Services Office of the county of his or her residence or the county in which the action is pending. [color=Red]If the defendant is an individual not resident in this State, the summons shall similarly advise him or her, directing the defendant, however, to the appropriate agency in the county in which the action is pending.[/[/color]quote]

You should be able to contact an attorney in the county in NJ where this suit was filed. If you need help finding the appropriate agency to contact, I will help you locate it. It may not be the best legal representation there is, but it is better than nothing, and at the same time, you will have us here to run everything by, so we can help you sort it all out.

What county in NJ was the summons issued from? From there, we can find the agency you need. It should not matter to them that you dont live in NJ, because you are named in a lawsuit that is taking place in NJ. Dont worry, you are gonna make it through this, and we are going to help!

Skydiver, the summons was issued from Union County NJ.

I'm sorry to be so brief.....I'm moving my computer to another room so I will be off line the rest of the day. I will be back on tomorrow. I'll probably have more questions.

Thank you so much for being so understanding and helping me.

hi moki--

try this link:

lsnj.org/cjls/

they may be able to help you, or point you in the right direction. Let me know what they say

Well, I got the return receipt yesterday from the Court but not from the Attorney. I find it a bit strange since both were sent out the same day and the attorney is closer to the state border and should be here faster according to my calculations.

Skydiver! You are amazing!

When I called the NJ Bar Assn, they recommended an attorney in NJ and I was told up front. 'HE CHARGES $35.00/1/2 HOUR'! I asked are there any other attorneys? She said no this is the only one. I said Bull to that.

I emailed some of the attorneys on the NACA list, one told me that my husband's income was too high and I didn't qualify for help.

Another attorney stated Oh I can help but the retainer is $2500.

My girlfriend's attorney gave me the runaround and I almost trusted him wholeheartedly and if I did I would have missed the chance to answer this summons.

The bottome line of all this is I just can't stand that they're using my mil's addy and didn't step up to the plate.

I'm beginning to think that they were going to hide behind her addy and slap me with a default judgement. This is just my thinking.

Now I'm worried that paperwork will still go there! This is my main worry.

Any ideas how to keep track of this so I don't get sandbagged? Should I send them a verification letter too? I still have time.

Please let me know your thoughts.

Hummmm... is there any way u can contact the post office maybe and ask that ALL mail addressed to u be forwarded to ur new address???? Tell them the circumstances and this going on and see what they say. If they agree, (post office) then make sure to get it in writing! Just a suggestion!
Also, when the time comes u will send them a debt "validation" letter, it's different than verification! hang tight they're just being slow on picking up that certified mail... they can see who it's from! ;)
Yes i guarantee u they were hoping by sending it to MIL that u wud not recieve it and they would get a default but thank goodness u DID get it! :D
Ur doing great Moki, keep hanging in there girl friend!
Happy SUnday,
Ang

Happy Sunday Ang and Skydiver,

Taking a few hours off to move computer.

Was thinking of calling the courthouse on Monday to see if they corrected the address and if they didn't why not?

Skydiver went to the link you gave me. Very informative and the NJ Bar NEVER appraised me of this agency. Will be contacting them via phone on Monday.

Good Luck Moki!
YAYYYYYY for u, better days ahead girlfriend!
:D
Ang

I just got an email from an attorney who will take the case! I was telling my story all over the net and for the life of me I figured if I told it to enough sites and Bud Hibbs something would pop.

The gentlemen was on my list of attorneys who handle consumer law and do not charge. I gave him all the information and low and behold he answered me and gave me all the particulars.

Ladies and gentlemen please do not give up just keep going and hit all the "contact" buttons you can find and tell your story. There is an attorney that will help you.

Now we'll see what happens. Will keep you posted. I sure hope my buddy skydiver sees this!

Thank you one and all for listening, hopefully, this will have a good outcome.

Moki

CONGRATS Moki!!
So u told ur story on Bud Hibbs and this attorney saw ur story there?? then contacted u??
Wow, i'm so happy for u, plz keep us updated!
:D
Ang

Congrats Moki!!! I am so happy. Everything is going to be just fine!!!!! :):):)

Congrats Moki!!! I am so happy. Everything is going to be just fine!!!!!

(Sorry...the above guest was me!!)

I am a resident of nj and too have been contacted by apothaker, filed suit in 05 and still nothing happened never answered summons, tried to make payment arrangements of 300/mo on a 2600 cap one cc, could not do that, offrd them a settlement of 1685 cash they refused, now refusing my money so they are being ignored, but however as a credit collector myself i know in the state of nj they can garnish my wages....i have 3 accts with another law firm/collection agency called pressler and pressler, they are all collection agency using the filing of the court to help them out....ps in pa they can not garnish your wages if they tell u they will, sue them they r in direct violation of the f.d.c.p.a

Moki has had it with Apothaker up to the eyebrows. I received a call from the attorney on 7/31 and he stated that the case was dismissed. I'm still waiting for the paperwork to confirm it.

Over the weekend, hubbie went to Mom's and low and behold, there's a letter from the court house. AGAIN IT'S ADDRESSED TO ME AT MY MOTHER IN LAW'S ADDRESS WHEN I SENT THE RESPONSE STATING I AM NOT A RESIDENT OF NEW JERSEY OR THE ADDRESS STATED.

Can someone tell me what the problem is. Do I speak and write English?

I forwarded everything to the attorney and I'm waiting for his answer.

I know now that I'm suing. This is too much for my 53 year old nerves. I told them plain and simple and confirmed with a copy of my PA driver's license, I do not live at the address you are using. What don't you understand. Can you believe that these are people working in a courthouse? They obviously flunked reading comprehension 101.

Will keep you posted.

Oh Pressler and Pressler is another thread I have to start, bottom of the barrel and yes, helped very much by the court system. Just go to Bud Hibbs and type in Pressler and Pressler. How can anyone allow them to continue with these practices and ruin peoples lives?

hiya moki, what did this latest letter say?

Was wondering where youve been hiding....

Get back to us with some details, we can see where to go from there.

Jon

They are contacting me about something, didn't read mini miranda stating they are debt collector, all info obtained will be used for that purpose. MOKI, what was your attorney's name you are using, so I can contact them.

I was served on an old debt and I did not respond in the required 35 days. Now I am waiting for a judgement and they are calling. I believe it is a debt well past the statute of limitations but the credit report states there was a recent payment made. 2004 maybe. I said I would pay the reduced amount but he wants it now. I cant afford a lawyer but they wont assign me one because they say I make to much. They of course did not account for child support and alimony. So, with all that said, any advise. The pressure is on. Thanks

Pikeman

This is my first time using a site like this for assistance. I feel all is not lost after reading about Moki. I have received a letter in the mail from Superior Court in NJ with Apothaker & Associates named as the Plantiff. This names a bank I had a card with years ago. I do not know how long ago or if the SOL has expired. What should be my first step in answering this Special Civil Summons and Return of Service? I have 35 days to answer from the date served, (which is a mailing date).

Very nervous about this,
Casey

I am being sued by these guys for an old Providian c/c. Received a knock on the door and there was a sheriff serving me papers. That same day; I received a letter in the mail from another debt collector for the same debt. Can they do this? I live in PA. I'm afraid that my wages will be garnished if I don't answer their complaint. Any advice? Thanks

i received two summonses for civil hearings from two different collection agencies one of which is apothaker and associates. i replied to both summonses with an intent to defend. yesterday i received a letter from one and an urgent phone call from apothaker to return their call. the letter from the one lawyer asked me to contact them so that we can make a settlement arrangment so that they will not have to go through the expense of a trial. i am sure that apothaker wants the same thing. YEAH RIGHT. i think someone blinked and it wasn't me. i have no intention of calling them or settling anything. the debts are mine but they were written off by the bank over two years ago and why should i pay these scum bags 3000.00 dollars for a debt that they probably bought for a couple of hundred bucks. even if i paid them the negative listing would not come off my credit report. my intention is to go to court and ask them for discovery and validation that this is my debt. i am not a deadbeat but i had some life issues that put me in a big hole financially and i just did not have the money to pay these cards. i need every cent that i have just to keep my home. i cannot make arrangements with them because the most i could afford to send them would be 10 bucks each a month and i am sure they would not accept that . i have gone from being extremely worried about this to maybe i will come out of this ok after all. i live in pa

My Mama who is an 82 year old widow has been paying blood money to these vultures for years. Now that it's down to an amount I can pay off for her I want to contact these 'loving angels' via email. Lo and behold! No email address for them, no website even! Just phone numbers and I don't want to talk to these thieves on the phone because of my hot Gaelic temper! Does anyone out there know their real address? They have one in Mt Laurel NJ and two or three in Phila PA. Which one is right? I have yet to receive a letter back from them- they just cal and call and call! I hope Uncle Bari gets on these debt collecting crooks' **** and damned soon too! And somebody please tell Buddha to shut the Hell up! My anger is the punishing kind! I could care less about Buddha or any others of the so called 'Gods'! There ain't any if they permit liars and thieves like Apothaker and the Bushes to go on living yet they kill off all the good people! And by the way it is spelled 'Buddha' not 'Buddah' my tomo! If I don't pay them then who am I supposed to pay this bill to? The original company is long gone and vanished in bankruptcy long ago so I cannot pay them very well, can I? Help!

I cannot give you my email so just post an answer here or if you have info for me post that fact here and I'll give you one of my website/blogsites emails to use. Thanks and sayonara for now. May Kami (Japanese for God. Hey most of ya believe in him, her or it even if I don't- right?) so may Kami bless you all anyway. He, she or it never helped me any I can tell you that folks! Toodles-K&K- Brookhaven PA-USA

Sorry gang but the sanctimonious admins here consider 'b-s-d' a 'bad' word so I had to remove it! Who knows? Maybe they even like Dave Apothaker and his cronies eh?-K&K :evil:

[color=Red]****Adult term removed - Jason[/color]

fdcpalaw. blogspot. com/2008/11/pa-woman-sues-apothaker-associates-pc.html
These morons are calling me for a debt that isn't even mine. And I'm not even the person they want to talk with. They start screaming on the phone when I disagree with them.
Remove the spaces after the first 2 periods - only way to post this

And remember to them to put you on their do not call list and stop calling you. Tell them to Put everything in writing only. You can register with do not call . gov (remove the spaces). And remember, don't get mad get even. You can sue them for far more than you may owe them :)

Do not pay anything to Apothaker & Associates without talking to a lawyer first. Apothaker & Associates is being investigated by consumer attorneys who care about people like you. For more information about Apothaker & Associates, you may contact Consumer Attorney Vicki Piontek 877-737-8617 for a free consultation with no obligation.

I was sent a summons yesterday from Apothaker and his cronies I am amazed at how many people they are taking to court. I contacted an attorney and he said for this to go this far i must have made payment arangements with them. I did not. has anybody successfully fought back

i got a second default letter from a collection lawyer

Quote:

can someone help me i got a interrogatory letter from them asking me for bank info & what i own. i own nothing and have ssi, veterans pension, & dpw income i don't think i want to give someone i don't know this info HWTA SHOULD I DO HELP??????

sorry i meant WHAT SHOULD I DO????

You shouldn't give your personal information to any of your creditors or CA. As far as I know, they are a collection agency. You should ask them to validate the debt for which they are calling you. If they cannot validate the debt, send them a cease and desist letter and ask them not to call you any further.

Yes, a Cease and desist letter supports legal action in th event collection efforts aren't stopped. Here's a sample cease and desist letter.