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Oh my gosh, something fishy is going on!

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This is the link to my original thread:

Today, at work (I work in an office), I received a letter addressed to my employer from Javitch, Block & Rothbone, it says to the payroll department. It has to be about me! I just received a judgment from the court to vacate the original default judgment, and am in the process of answering the original claim. What in God's name is going on! I am panicking right now because I can NOT open this, yet I know it's about me. This is so humiliating, all I need is for my employer to know how many financial problems I am having right now. What should I do?? :(

I have a million links at home for the civil procedure, but thanks, and I am sure I will bookmark that one as well. I have already decided I'm not giving my SS#, unless I am forced to do so, I simply won't. When I get home I will look over the documents again and try to post some of the admissions and questions they sent to me. This CA is determined to TRY and get money from me that they shouldn't, and actually, there is none to get!

Sub: #71 posted on Wed, 08/06/2008 - 12:25

Shazzers Shazzers
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or i would answer like

plaintiff has said information.

again it is RIDICULOUS that this piece of garbage company is
actually asking for this this far into it.i wouldn't give it unless forced to by the court.

Sub: #72 posted on Wed, 08/06/2008 - 12:25

paulmergel paulmergel
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I would also start working on your counter-claims if they have violated any fdcpa, FCRA or OH statute. I just glossed over the little details on the thread so not sure if you have any or not.

Sub: #73 posted on Wed, 08/06/2008 - 12:31

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You should make up a similar document with a bunch of BS questions on it and file it with the court and with the CA so they have to answer the same crap starting with the SS# they have on file.

Sub: #74 posted on Wed, 08/06/2008 - 12:34

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Well, I have a pretty thick file on them, so I'm planning to go through it the next few days to see what I can come up with.

Sub: #75 posted on Wed, 08/06/2008 - 12:35

Shazzers Shazzers
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damn, shaz--this is STILL going on? wow...just wow...

For those who havent seen the whole story here, this is a basic summary:

1--shazzers posted that a CA had a default judgment against her and was trying to garnish her wages--illegally, it turns out.
2--we helped her to get the wage garnishment stopped in its tracks, and then we helped her to convince the judge to vacate the judgment due to improper service--she was never served a summons.

3--Judge orders the whole lawsuit to simply start over, and shaz had to fight just to get a summons so she could file an answer. Again, the CA didnt provide the summons like they were supposed to, so Shaz had to fight to get it.

4--Shaz had sent a DV letter prior to any suit being filed in the first place, which should have been enough to kill the whole thing because the CA ignored her DV letter entirely. But the judge let it continue anyways. So she requested DV thru discovery, and they admitted they had nothing at all to base their allegations on.

So, now that shaz has had to jump thru all these hoops, this still isnt over...this goes to show what kind of people we are dealing with these days, folks...

OK, shaz, tell you one thing I would do immediately. It may or may not do any good but I would do it anyways. I would contact the bar association in the state that this lawyer practices in, and file a detailed formal complaint. I would mention the following things specifically:

1--ignoring a DV request, thereby violating the fdcpa when they filed the lawsuit.
2--ignoring Ohio Rules of Civil Procedure by trying to sneak a default judgment in when they didnt have you served as the law requires.
3--if they were at all involved with the garnishment attempt, mention it because it was illegally done.
4--mention their admission that they have absolutely zero proof of their allegations against you, yet they sued you anyways. This is considered a frivolous lawsuit, and bar associations tend to frown upon those.

this is really sad--these people have broken the laws so many different ways by now, I cannot understand why the judge has let this continue on all this time. Failure to have you served twice, failure to abide by the FDCPA, failure to bring forth even a shred of evidence or proof of their claim against you...I dont know what to say about that.

I would check with the court clerk's office about this interrogatories notice. Also, check the whole docket--if there is an entry for the first summons where they submitted proof of service, include that tidbit when you contact the bar association, that amounts to perjury in a court of law if they told the court that they did serve the summons properly.

I've been busy all over the place with work lately but I will keep checking in on this--let me know if there is anything else I can help with and I will do whatever I can!

Sub: #76 posted on Wed, 08/06/2008 - 20:58

skydivr7673 skydivr7673
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Hiya sky, good to hear from you again! I am so befuddled about this entire ordeal! I am going to call the court house today to verify this discovery, then I am going to do as you said and file a formal complaint. To my knowledge, these Attorneys are supposedly licensed in Ohio. Do you think I could go ahead a file a countersuit against these Attorneys/Arrow Financial for filing a frivolous lawsuit? I wonder if there would be an Attorney ANYwhere that would be willing to take this case now, on a contingency basis. I called several and went in for consultations in the midst of this, but no one seemed interested. Maybe I am assuming too much but, it seems with all the evidence I have this is pretty much an open and shut case. Anyway, I may shoot you an email today after I do some checking, sky! Thanks for the reply!!

Sub: #77 posted on Thu, 08/07/2008 - 04:19

Shazzers Shazzers
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i never thought of the bar assocaition.good call skydiver.

Sub: #78 posted on Thu, 08/07/2008 - 06:20

paulmergel paulmergel
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This one may be problematic based on case law and FTC opinion:

Sub: #79 posted on Thu, 08/07/2008 - 07:00

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Ah shucks nascardevil, ya went and bursted my bubble!! Well, at least I know for certain they were acting within the law, and I won't look like a fool making statements in a law suit that they violated the FDCP by suing me in the midst of valiadation. However, it still doesn't excuse the fact that not once during this entire law suit have they produced any tangible evidence proving I owe them this debt, and even admitted so.

I was looking at the docket on this case that I printed out shortly after the judgment was vacated. Interestingly enough this is how it reads: (keep in mind the judgment was vacated due to improper service.

2/22/07 Complaint Filed
2/26/07 Summons issued by certified mail.
3/19/07 Summons returned unclaimed.
4/6/07 Summons reissued by certificate mail?
5/23/07 Motion for default
5/25/07 Judgment to the plaintiff against the defendant in the sum of $xxxx.xx plus interest at 8% per annum and costs.

What exactly does "certificate mail" mean?

Sub: #80 posted on Thu, 08/07/2008 - 08:52

Shazzers Shazzers
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