Oh my gosh, something fishy is going on!

I feel like rolling over and playing dead. I'm becoming overwhelmed dealing with all these problems. :(

[Wulf here...]

Wonder why you received the letter, if it's addressed to Payroll Dept? Is that your function?

If you've gotten the judgement vacated, they don't have a leg to stand on with it. If this turns out to be a garnishment or some such based on that vacated judgement, they've just opened themselves up to the mother of all lawsuits! FWIW, if that's what it is, you may well also have cause of action against them for third party disclosure, among other things.

Don't sweat your employer finding out that you may owe money. You likely aren't the only employee there who does.

I'll be back on later, when I've got more time. Hold it together, bud!

My stomach is in knots right now Wulf. Why would they be sending a letter to my employer when everything is still pending? And addressed specifically to the payroll department. :shock:

Is it possible that the letter was sent prior to your vacate ruling? Please let us know when you do know its content!

It's postmarked March 26th, the ruling was on March 21st. But yes, I will let you know when I find out. Even still, if it's a garnishment I would think it would have been sent Certified mail (the last one was). Maybe they are trying to get information about my income?

You would have supoenaed for wage and asset verification prior to a garnishment being ordered. Just keep your vacate order handy just in case you need to show it to your employer! It sounds like they may be trying an underhanded trick! If so sue the pants off them!

Thanks, I am just a ball of nerves today! :shock:

Sounds like they may be trying to use a copy of the original judgment to push a garnishment through (even though it has be vacated and is void) you may very well have a nice lawsuit in your pocket thanks to them. Keep us updated and we'll do whatever we can to help you out.

Thanks JCEMT, I can't figure out what it could be. It's making me a nervous wreck! :?

Could it be that this really has nothing to do with you but another employee? Wouldn't that be great....for you not the other employee :wink:

mommontoya
Could it be that this really has nothing to do with you but another employee? Wouldn't that be great....for you not the other employee

Actually, I know it's about me because, the nosy person that I am, I held it up to the light and tried to read it. lol I saw my name but couldn't make anything else out. I did bite the bullet and sent an email to the boss and explained the situation, I asked that he let me know what the letter pertains to.

Good Luck shazzers, at least you made the first step by telling your boss and you are probably feeling a bit better after you told him. He will understand! I do know how you feel cause my employer received a wage assignment for me and I was a nervous wreck (I even cried in front of the HR person) then when I left her office I was like my gosh i am so dumm!! why did I have to cry? I am not the only one who has all these debts out there. Now I just laugh about it. Good Luck.

Sorry about the ghost post earlier, bud. I was killing an odd ten minutes at lunch. Saw your post, but no time to mess with login.

Looks like you're in good hands here. Frog and the others are giving you good advice. I wanna add something to what they've said, if I may be so bold. It's not a crime to owe money in this country. You can't be arrested, as I'm certain you know, and you can't be fired for it, either, AFAIK. Your boss has likely seen these sorts of things before. Don't wig out over it.

I have a couple of questions, too, if you feel like telling. First, how come the letter ended up in your paws? And second [since it did...], did you happen to note the postmark date? Therein may lie a clue. Any word from your boss?

Regardless, we're here for you!

unclewulf
Sorry about the ghost post earlier, bud. I was killing an odd ten minutes at lunch. Saw your post, but no time to mess with login.

Looks like you're in good hands here. Frog and the others are giving you good advice. I wanna add something to what they've said, if I may be so bold. It's not a crime to owe money in this country. You can't be arrested, as I'm certain you know, and you can't be fired for it, either, AFAIK. Your boss has likely seen these sorts of things before. Don't wig out over it.

I have a couple of questions, too, if you feel like telling. First, how come the letter ended up in your paws? And second [since it did...], did you happen to note the postmark date? Therein may lie a clue. Any word from your boss?

Regardless, we're here for you!

The letter ended up in my hands because I am the secretary, it came regular mail, the corporate office is in another town, so I sent it down to my boss via another employee who drives that way after work (he lives there, and works in the town I live in). It was postmarked the 26th of March. I received my copy of the ruling from the court to vacate the judgment on the 23rd of March, which I would assume the CA did also, the address (which is a P.O. Box), is in Ohio also. I probably won't hear anything about the letter until tomorrow.

hiya shaz--

ok, first, dont panic. This could actually work in your favor, believe it or not. Depending on the contents of that letter, this could very well be illegal third party contact. You need to see about what was stated in this letter, that will tell you what your next move needs to be.

At this point, if you find that they are up to no good(legally speaking), I would go right to the judge with whatever illegal act they have done this time, and move for immediate dismissal with prejudice on the grounds that the entire lawsuit is illegal, and the fact that they keep on breaking the law. Of course, this is if they have acted illegally again.

By the way, I dont recall--did you ever mention an affirmative defense when you answered the summons? I hope you mentioned the fact that you have documented proof that they ignored a DV request, and then filed suit after they received that request. If so, I would push for dismissal, because they have really made a mess of this whole thing. Please refresh my memory about that.

By the way, it is a law--they cannot fire you or discriminate against you at your job because of financial issues. Dont worry. And, if your boss does say something about it, you can even let him/her know(if you decide to) that they are in the wrong, that you already got one court action overturned in your favor because this company is acting illegally, and that they are still doing so in this fight.

I'll try to refresh your memory without making this too long.

-The Plaintiff (Arrow Financial) filed a complaint in Feb., 2007. They sent two notices, one certified, one regular mail. I received neither as I moved. They got a default judgment in May, 2007. Garnished my wages in Oct., 2007. The motion for garnishment was lifted because they (Arrow) failed to serve me properly. The court vacated the judgment and filed it on March 25. I was given until April 21 to answer the summons, I sent a letter to the Judge and told him I never received the summons and asked the court to send me a copy so I could answer it properly. I still haven't heard from the court yet. Then today, my employer received a letter from the Attorneys representing Arrow Financial - Javitch, Block & Rothbone, I have no idea what it says yet, but it was postmarked the 26th of March. Arrow Financial singed for a validation letter on the 25th of February, the only thing is, I sent out that letter to them because of the garnishment, they replied to me that my opportunity for verification had expired.

OK...take a DEEP breath, SHAZZERS!! ( 1 Sheep, 2 Sheep...LOL) Trying to cheer you up a bit..hope it's working. Sounds like these guys are trying to do something 'underhanded'. There IS something 'positiive' about this, however. "What,"...you may ask? That you ARE dealing with this. Can you imagine how many people who AREN'T dealing with thier OWN issues? I'm sure your employer will be appriciative of you letting him/her know....and then handle the rest from there.

Also, dont forget, they tried to pull a fast one on you before, and we helped you beat em back! Let's see if we can do it again.

If you like, you can either post here or send me info on that letter and we will see about getting to the bottom of it.

I would have opened the letter and then 'lost it' but then thats just me. Your moral compass is better aligned than mine :)

Well guest, it wouldn't have been right to open that letter, I did try to peek though. :oops:

skydivr7673
Also, dont forget, they tried to pull a fast one on you before, and we helped you beat em back! Let's see if we can do it again.

If you like, you can either post here or send me info on that letter and we will see about getting to the bottom of it.

That's true Jon, you did help me get the default judgment vacated, I owe you big time for that! Now I am anticipating what is actually in that letter, I'm sure I will find out today. I'm taking the letter from the court to work that proves the judgment was vacated, just in case. My stomach is in knots! :?

Relax, dammit! Breathe!!

That's better.

Seriously, you'll do fine. Taking the letter showing the vacated judgement was a good idea.

I found out what the letter was. :oops: It was just a letter telling my employer to release the wage garnishment. Sheesh, it sure took them long enough! The court sent my employer a letter to that effect long ago.

Glade to hear it was nothing to worry about. It's funny what we put our self????????s through. Just today I had a work related issue and I felt like it was going to jump out of my skin.........turned out to no big deal :roll:

no worries shazz,i too am still leary.i guess it goes with what we are dealing with.

Breathe a big sigh of relief!

Party at Shazzers' house!

BYOB!!!!!! :lol:

Hell, I'll bring one for you, as well.

If there is ginna be a party, can someone pick me up, on the way??!! Good to hear that news, SHAZZERS. Good for you!! Glad things are working out. Everyone here is cheering for ya!! :?

I'm doing the best I can, with a lot of help from the good people here. :)

??
I think I gots a spare skid lid around here someplace. Lemme look around....

Well here I go AGAIN with these freakin people!! lol I filed a motion to have this dismissed due to lack of validation of this debt. American Financial even admitted that they have no documents supporting this claim, in fact, they stated that the defendant (me me me) has proof of debt (as if I am going to help them!). The judge sent AF and I letters stating that we are to appear in court on the 22 of Aug., and whoever does not show up there will be a final judgment against them. Sooooooooooo, now I receive interogatories from AF. BAH!!! Most of it is wanting me to produce documents, bills, statements, etc. Well HELLO, I don't have any statements or bills! And Arrow admitted they couldn't validate this debt, but now suddenly they file a motion for discovery requesting all kinds of stuff from me???!!! How is this fair? And how shall I handle these interogatories? :shock:

personally,i would tell arrow to perform an anatomical impossibility.that however won't help you.just give them any basic info.but let these dullards and the judge know you also
don't have what these wormslime are requesting.don't phrase it
like that but,you know what i mean.

Yes I know, although I would LOVE to phrase it just that way! :D I just need some suggestions on how to phrase these answer without denying or admitting to any knowledge of this. When I get home tonight, I am going to read over the questionas once again. I am wondering, can I file a motion for discovery and ask AGAIN for validation? I mean, they have already admitted they have nothing, but for heavens sakes, why would the Judge even allow this to continue knowing that there is no documentation to support this claim??!! They (the court) clearly has a statement from Arrow admitting to not having anything!! :shock:

that is all you can do,but you have time.perhaps you can pm
cajunbulldog.he can guide you.i know skydiver and jcemt guided
you before,but i don't see them around too much.

Did they admit in writing that they had "nothing"? If so, simply copy their letter and submit that as proof. If it is about a credit card/cell phone/car loan etc, enclose a copy of a bill from during the supposed time frame of the debt, stating that THIS was the only credit card/cell phone/car loan etc that you had.

That's all that I can think that might help?

This makes no sense to me. I only read the last pages posts but what I am understanding is basically you DV'd these scumbags requesting all the applicable account info which they ignored. You went to court and again requested the same info which they admitted to not having. Now they are requesting the same info from you that you requested from them? Duh, you requested it because it is their burden to prove the debt by providing the appropriate documentation that you do not have. Hello McFly... I am just curious if the document they sent you came via the court. If they generated it then why even bother replying at all? If it came via the court then I would answer along the same lines that you answered the summons without providing any new info.

remember that discovery is meant for one side to get an idea of the evidence the other side has that supports of refutes a particular side's case. You are obligated to provide what you have, but if you don't have it make sure you tell them what you don't have. they are looking for anything that shows your knowledge of the debt and the amounts...

Even if they subpoena information you have on the account proving it to be yours still leaves them without a assignment contract or bill of sale leaving them with no legal entitlement.

Quote:

Quote:

Quote:

SS#?...at this point i would contact the court and clarify what
you need to provide.let it be known that you are not thrilled with giving your SS#.your right,if these doffuses had any legit
claim they would have that.i would just ask the court what you
need to provide.

I would contact the court and find out if I had to fill out that document. It sounds like a BS document to me that was already answered with the official summons. This is all just for argument sake since you obviously don't have any of those documents anyway.

Maybe JJ or someone can correct me if I am wrong about discovery but this is my understanding of it. Discovery is all about showing evidence you intend on using at the hearing to the other party prior to the hearing. Basicly you can not blind side the other party with last minute top secret evidence like they show on TV sometimes. It would be objected and not allowed I think. What I am getting at is even if you did happen to have a copy of a signed contract laying around you would not need to produce it during discovery because it is not something you intend on using at the trial. It then becomes their burden to come up with that document. They can use other methods I think to get documents from you if they think you have them but that would require a court order. In this case there is no court order for documents you may or may not have.

exactly dollars,shazz even said it was sent by the CA,then sent to the judge.in fact i talked to my friend who happens to work for the IL state's attorney and said the same thing.talk to the court before you fill anything out.it looks like there attempt to get the info they can't provide.she said the kicker was asking for shazz SS#.

Yeah I really don't think you are obligated to fill that paperwork out. I see no reason why it is your responsibility to provide them with any of that information especially your SS#. If you actually owe them money then they would already have it. If the court said you had to fill it out, which I don't think they will, I would put something like see signed contract and your records for confidential information on the SS# blank. Basically I would answer all questions without really answering them and I would deny deny deny. I would also try to stay consistent with the answers on the first summons.

What would be really cool is if you could figure out a way to counter sue them. It would be nice if you had something in your records that showed some violations on their part. Maybe you could pull a current copy of all 3 credit reports and see if they are still reporting a deliquent account. That might be a violation of the FCRA but I am not sure.

i don't think shazz has an attorney,cause lord knows if she did it wouldn't have dragged on this long.however i would start to seek a consumer attorney on a contingency basis.she has enough to countersue,but does she want to?i don't know.

You could answer with:


Defendant will produce the requested documents for inspection only. Due to the confidential and/or commercially sensitive nature of the documents requested, Defendant will not permit photocopying or dissemination of same without a court order limiting uses of the copies to this litigation only and for such specific purposes as authorized by the court.

Quote: