Trouble with a certian Mr. Apothaker
Date: Tue, 09/16/2008 - 18:35
The lawyer who is handling the case is David J. Apothaker of Apothaker & Associates, P.C. I've been reading the forum and finding some crappy things about him.
I'm glad to find my friend's not the only one who has had a really bad interaction with him. He was nasty, telling him that he "had the money" and needed to pay up now.
Anyway, him or I don't really know of any great lawyer's here. Can anyone suggest a good lawyer to battle this jerk that's situated in Bucks or Montgomery County?
Also, when the change of address took place, he moved from one county to another. They're summoning him in his old county. Is there any problems or any leverage that he can get with this situation.
One last question. The amount they're looking for is RIDICULOUS. The length that the amount has been owed does not add up with the final amount they are suing him for. It's, seriously, like 150% interest. Does anyone know if there's of anything to beat this?
I really appreciate any help you guys can give! Thank you!
hi--- ok, there are some things you can do about this. First
hi---
ok, there are some things you can do about this. First, the lawsuit was filed in a county he doesnt live in anymore, correct? If it was filed there after he had moved out of that county, then all you need to do there is file a motion to dismiss the case on the grounds of 'improper venue'. your friend should provide some proof of address with this filing for the court, and motions like this need to be filed both with the court and a copy sent to the plaintiff. The court clerk should be able to help with any format that they require.
About the interest rate--you didnt state the kind of business or what exactly was involved, so I will try to give you as much info as possible because in most states, the allowable rates can be different depending on the kind of loan or credit we're talking about. I found something that states that generally speaking, the maximum interest rate that can be charged within PA is 6%---this is found in Title 41, ss. 201, 202 of PA civil code. Some exceptions to this rule are for:
--FHA mortgages
--business loans greater than $10,000.00
--VA loans
--unsecured loans geeater than $35,000.00
--obligations to pay back loans with an original principal balance of more than $50,000.00
If you take them to court and win against them, PA law allows the following remedies for you:
---Borrower not required to pay amount over legal rate and may recover triple the amount in excess
---attorney's fees may be awarded and an intentional violation is 3rd degree misdemeanor
Keep in mind that these examples would fit if your friend had actually paid more than the allowable interest.
What kind of business deal is this, might I ask? It makes a big difference. Some laws, like the federal fdcpa, only apply to third-party debt collection issues, and there is a ton of help there, but I dont know what applies and what doesnt. Some more info could help us to get you the best information, thanks
Jon
Thank you skydivr for you help! I will definantley go about t
Thank you skydivr for you help!
I will definantley go about the path of the "improper venue".
I apologize for not going into detail about the money owed and all that jazz.
He borrowed 1,000 dollars off a company to get a certification. Unfortunately, my friend has been working his tail off, even seeing himself in two jobs, but have reaped none of the benefits. His bills have always sucked him dry, even to the point where he didn't have enough for food or have a roof over his head. The paying back the loan kept getting lower and lower on the list.
He finally got something better in the way of jobs over the last past few months and has been catching up on bills(this one was next) when he received the summons.
Now, the loan amount was 1,000 dollars starting. And it's been a year and a half since he borrowed it. Now it's up to something like 2,100.
Does this seem right?
without knowing the kind of company or certification, I will say
without knowing the kind of company or certification, I will say that it could even be a scam---if a company lends him money for a certification that they are themselves providing, and then that certification proves to be less than what was promised, or proves to be useless, then there might be a counterclaim there. It's best to seek the advice of a consumer protection attorney for that one though--when addressing these kinds of issues I tend to cast a very wide net, that way I try not to miss anything important.
As for the amount they are seeking, let me ask you this--did he have any sort of contract or written agreement with them over the loan? If so, he needs to go back and read it--if there was any interest agreed upon in the loan agreement, then they can charge it. But if there is no such clause in the agreement, then they cannot just begin charging you interest because they felt like it. If there was no agreement, it would be even more difficult for them to prove that you owe interest. Keep this in mind--when someone sues you, that person--the plaintiff--has the burden of proof on them. That means that the company that's suing your friend must prove their case. If they cannot, then your friend needs to be as vocal as possible about it and make motion for dismissal with prejudice. At this point, the very least I would personally accept as proof of the debt, if it were me, would be the original contract or agreement with my signature on it, and also a complete breakdown of what they claim is owed, so that I could verify that they are entitled to what they are trying to take from me. I wouldnt accept anything less than this. Your friend shouldnt either.
Also, it wouldnt hurt for you to find out if the company itself is suing him, or if a collection bureau or collection attorney is suing him. it makes a BIG difference as to how I would defend against the suit, because different laws come into play depending on that answer. If you could find that out, I could possibly give you far more detailed information.