I need help in the worst way!

howdy shazz, This sounds like a tough situation :( is there a reason why you let the time lapse between march 25 and april 21 with no response from the judge? Why didnt you go down to the courthouse and get a copy of it?

Its a cat and mouse game~you have to be the cat and cover your bases. Not having a copy of the original complaint and allowing a month to go by from the time you requested doesnt sound like its going to hold up.Is that going to be your defense?

why can't the courts be a little more understanding when a person is in this type of situation

What situation? that you didnt have your paperwork and the court shouldnt follow through with their processes?

GBD

howdy shazz, This sounds like a tough situation Sad is there a reason why you let the time lapse between march 25 and april 21 with no response from the judge? Why didnt you go down to the courthouse and get a copy of it?

In my own defense, I am rather new at this, I assumed by writing the Judge to let them know I did not have the original complaint, that they would send me a copy. But being the idiot I am, I failed to take responsibility into my own hands and go retrieve that summons myself. I know who you are, by the way. :lol:

Its a cat and mouse game~you have to be the cat and cover your bases. Not having a copy of the original complaint and allowing a month to go by from the time you requested doesnt sound like its going to hold up.Is that going to be your defense?

They have never validated that debt as of today, and I have the proper paper work to prove it. Would that be a reason to ask for dismissal?

What situation? that you didnt have your paperwork and the court shouldnt follow through with their processes?

GBD

No, that isn't the situation I was referring to.

sorry shazz~ but i would never register with this sight so I wonder how you think you know who I'am :lol: actually I hang out on creditboards ~touche and good luck

sorry shazz~ but i would never register with this sight so I wonder how you think you know who I'am Laughing actually I hang out on creditboards ~touche and good luck

I know you aren't registered here. There's something you said in one of the above posts that made me think you're someone I know. In fact, didn't I just speak to you last week? :lol:

Shazzers, please don't continue bantering back and forth with this @$$-clown! You really don't have to explain yourself to him at all. It is pretty obvious to me this person knows who you are and is taking great delight in tormenting you.

Guest, why don't you go back to the credit boards you hang out on then? Or are they mean to you there, because you're a addle brained moron, and you figured you could come over here and torment someone to make yourself feel a little better. What a cowardly little piss-ant you are by having to hide behind an anonymous "Guest" screen name. Just don't have the stones to register here, do you? Easier to be an anonymous rabble rouser, when you don't have to face us as an actual registered user?

Grow up, coward!

Shazzers the situation is what it is, you just have to deal with what is going on at the moment and try working through it. Don't waste time worrying over what you didn't do, and trying to justify yourself to some joker in this forum. I'm hoping Skydiver or JCEMT can offer you some advice as they seem pretty up on things like this, a lot more so than me.

In the meantime, I'm in your corner and you can count on me for support!

UnemployedRon:
Shazzers, please don't continue bantering back and forth with this @$$-clown! You really don't have to explain yourself to him at all. It is pretty obvious to me this person knows who you are and is taking great delight in tormenting you.

Ah well, I don't care, I'm pretty sure it's someone I talked to last week, there are reasons why I say this. He is saying the exact same thing he said to me in his office last week when he turned me down as a client. IF, it is the person I suspect it is. I told him about this website, may have been a mistake.

I just need to figure out how to handle the situation at hand, as you said. I could kick myself in the a$$ for not using my common sense. I have so much crap going on in my life right now, it's hard to deal with all these collectors, and try to do everything by the book. :cry:

Shazzers, don't be upset when someone has nothing better to do with their life than attack others--don't bother responding, it's not worth it. I have been attacked by members and guests alike.

AS far as your case goes, If you have paperwork stating that this has never been validated, you may try that, won't hurt. Also, I know some attorneys here in town do a first visit free. I sounded pretty pityful one time and called one and told them about the bottom feeder I was working with.


I would try to go to the court house and see if you can get a copy of it, also, hopefully you kept a copy of the letter you sent the judge.

If the judge hasn't responded, you can go to their office and leave a note that you are following up with this and now they are doing another judgement,don't know if it will help, but won't hurt. I also did this one time and it helped me with something I was working on.

Good Luck--let us know what happens..KAren

Oh yeah, I think I remember reading about your experience with that attorney in another thread. If he's using the same "catch phrases" he used on you when you met with him, he may also want to look into getting some new material.

Seems pretty unprofessional, if not unethical for him to come on here and behave that way. But he's probably one of those attorneys that thinks the rules and laws don't apply to him. He should be careful though, IP addresses can be traced, so he isn't as anonymous as he would like to think or hope he is.

Bossy4455:
AS far as your case goes, If you have paperwork stating that this has never been validated, you may try that, won't hurt. Also, I know some attorneys here in town do a first visit free. I sounded pretty pityful one time and called one and told them about the bottom feeder I was working with.
Oh man, this is just so depressing. I will try the validation letter that was never replied to. I am also questioning the amount. I didn't think CA's could charge interest and fees, I thought they were required to have a license as a lender in order to charge interest and fees. I have been searching and searching in the Ohio revised codes trying to find some loop hole, or law that states CA's must have a lenders license in order to charge fees & interest but so far no luck.
Bossy4455:

I would try to go to the court house and see if you can get a copy of it, also, hopefully you kept a copy of the letter you sent the judge.

Oh yes, I have a copy that I sent to the Judge. I have everything. (except the original complaint! lol)
Bossy4455:
If the judge hasn't responded, you can go to their office and leave a note that you are following up with this and now they are doing another judgement,don't know if it will help, but won't hurt. I also did this one time and it helped me with something I was working on.

Should I go directly to the Judge's office? I am just stunned that this has happened. I honestly felt that letter I wrote to the Judge would cover me. :?

UnemployedRon:
Oh yeah, I think I remember reading about your experience with that attorney in another thread. If he's using the same "catch phrases" he used on you when you met with him, he may also want to look into getting some new material.

Seems pretty unprofessional, if not unethical for him to come on here and behave that way. But he's probably one of those attorneys that thinks the rules and laws don't apply to him. He should be careful though, IP addresses can be traced, so he isn't as anonymous as he would like to think or hope he is.

Well, all I can say is this, it was obvious he had a lot of time on his hands, because I was almost 45 mins late for my appt. I called and told them I was lost, etc., and also said to the secretary, if they wanted to reschedule I would understand, but she kept saying it would be fine. And there weren't anyone else waiting to be seen either. Oh well, wish I could find an Attorney to represent me on a contingency basis, I am positive there are violations on all of the CA's trying to collect from me. I just have to figure out how to exercise my rights in the correct manner to satisfy the court!

OK, here is something interesting, I have been reading the fdcpa and am having trouble interpreting this particular passage:
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Unless such amount is expressly authorized by the agreement creating the debt or permitted by law?
So, how do I find out if Arrow Financial is expressly permitted by law to continue tacking on all these fees and interest? :?

To charge interest & fees they must have proof that original contract or credit card agreement allows them to do so. Some states also will not allow interest without a license from the state. Since they never validated I would go to court and explain to judge that you are a courthouse virgin who is trying to answer these allegations and also demand from judge that they either satisfy court that they have the proof to win their case on merits or dismiss it with prejudice.

hiya shaz, lets see if we can get you through this mess.

To be honest, the very first place I would start is to file a motion with the court IMMEDIATELY, to dismiss this case with prejudice, on the grounds that it is an unlawful complaint. I would point out the validation request that you sent, mention the fact that they never replied to this request, and then state that section 809(b) of the fdcpa specifically prohibits any collection activity from taking place until they honor the request for validation. Showing that you asked for DV before they filed suit will prove this motion. It is simply illegal for them to file a suit in lieu of providing the DV you asked for, and any judge with even half a clue about the FDCPA wont have any choice but to uphold that law--thats their job. This is a statute that doesnt lend itself to interpretation. honestly, I am seriously puzzled as to why this judge didnt simply dismiss their complaint to begin with, when you showed them this stuff last time. I would stress this point ASAP.

Additionally, I would stress to the court that you still have not received a summons for this complaint. I would mention that the court already had to overturn one judgment due to the plaintiff's refusal to follow the rules of civil procedure--and then I would point out that granting a default judgment a second time when you still have not been served a summons will only serve to create the same exact injustice that this court has already admitted with the last ruling was unacceptable. Point out that you have notified the judge that you have not received a summons and therefore have nothing to file an answer on. This will show that you didnt just sit back and wait for them to hand it to you--when you didnt get anything you contacted the judge's office asking for help on the issue. Could you have done more? Yes. But you arent supposed to be educated in the law the same way a lawyer is--since they go to school for 7 years to get that education, there is no excuse for an attorney violating the law.

I hope this makes sense. I would IMMEDIATELY file a motion for dismissal on this case--regardless of what this judge says, it is STILL the plaintiff's responsibility to ensure that the summons is served upon the defendant, and for the SECOND time this plaintiff has refused to do so. I would definitely stress these points in this motion. They have done a couple things wrong here--


1--violating the rules of civil procedure in your state by not serving you with the summons.
2--violating the FDCPA, section 809, because they got your DV letter, refused to answer it, and then filed suit without validating the debt to you.

Thank you skydver and cajunbulldog, I have my motion all written up, I am going to the court house this afternoon. If I don't have a migraine by the end of this day, it will be a miracle. Don't know what I would do without you good people here. :)

Update! I just received a letter from the court in answer to my motion for dismissal and the CA's motion for a default judgment. Well, the judge denied the default judgment because there is no proof of services of a summons. Unfortunately the Judge overruled my motion to dismiss this case. He also [Judge] canceled the pre-trial which was scheduled for May 30th. He said if the Plaintiff fails to attempt service of the summons on me at my most recent address on or before June 18th, 2008 this matter will be dismissed. I can only hope they won't serve me, but I know they will. But it will give me more time to prepare. :D

I'm sure I am a royal pain in the butt to this CA, which is a GOOD thing! :lol:

ok, shaz, let me see if I remember this right. Isnt the SOL expired on this debt? Good to hear that this judge has a solid sense of the law and will not allow them to proceed illegally a second time! Now, if you want a hand putting this all together, I would be glad to help again. We knocked them down last time and we can do it for good this time!

Sweet! I look upon that as a minor victory for you, at least the judge seems aware of the previous chicanery on the part of the CA. Maybe they will decide to cut their losses and just let the matter drop.

June 18th is a little more than a month away, hopefully they will not get it together in time to serve you properly.

I'm rooting for you!

Thanks Ron, my Bud! I hope the CA gets fed up with me and gives up, but I doubt that will happen, darn it! And hey skydver! I will definitely take you up on that offer, if I need to, and I am sure I will have to. lol

We received a summons and did not respond. We never admitted to this alleged debt. Can we file for a dismissal?

To my knowledge if you were properly served but they got a default judgment because you never filed an answer I don't think there is anything that can be done for you. My best advice at this point is to seek legal council.

Update !! I am now officially served! The only proof of the debt is attached as Exhibit A, an affidavit signed by THEIR account Manager stating that she is familar with the debt in favor of Arrow Financial. The said debt is within her knowledge true and correct and is truly due and unpaid.

Interestingly enough, in the complaint, Arrow claims that:
1.) They own the debt.
2.) The amount due. (outrageous interest and fees)
3.)Exhibit A (signed affidavit) is proof of said debt, and due to the fact that they are not the original creditor they do not have possession, custody or control of said records, copies were sent monthyly to the defendant, therefore, the defendant has custody or control, and said account records may be to voluminous.
4.) They also say I was notified but haven't paid the account.
5.) And, defendant is in default.

Plaintiff prays for judgment, for costs, statutary interest, blah blah blah.

This summons was filed by the Attorney of the plaintiff. Now, my next move would be my affirmative defense correct? Any suggestions or insight would be SO appreciated. :?

Hey Shazz! I am someone you know. Try sending an email to Bud Hibbs about this. Tell him where you got his name! He very often will andwer you with advice within twenty four hours. It would seem to me the best thing to do is show up in court a challenge everything that they can produce especially that contrived affidavit. Keep doing your homework. You might even go to see a coulple of trials in the courthouse to get an idea what you are up against!

Actually, I did send an email to Bud Hibbs, fancy that. :D

I got about the same from the suit against me from LVNV funding. Their attorney was sending me a paper with about 15 questions asking if I had possession of said documents and if I didn't they wanted to know who destroyed them and on which date. I have nothing and I told them nothing.

Quote:

Oh wow, I knew you would come through for me skydvr, I am so sick and tired of this CA I could just scream! But I won't. :D Anyway, to answer a few of your questions;
-It is within the SOL (unfortunately)
-I did send a validation letter
-In my affirmative defenses I stated that I had no documentation supporting this claim, so that is on the record.
-I even have a letter from their Attorney's, Javitch, Block & Rathbone in December of 2007, that they sent to my old address (my ex gave it to me), even after they KNEW my new address, I submitted it as evidence in this last motion I made as proof they are still not following the law.

YES! Help me, I will be forever in your debt! I swear! :D

OK, well, the SOL really doesnt matter that much anyways because they simply have not met the burden of proof as established by federal law. Would have maybe been nice to add onto everything else, but as it stands right now, you have them on the following:

--violated section 809, fdcpa, by ignoring a DV request and then continuing collection efforts.

--violated section 809, FDCPA(again), by trying to use that hearsay "sworn affidavit" as proper validation of a debt. You really need to challenge them big-time on that one.

--violated your state's rules of civil procedure by trying to get a default judgment against you without having you served.

--violated your state's laws concerning wage garnishment/levying bank accounts, when they took that money from you that they were forced to return.

At this point, the judge is even aware of all of this, and to be quite honest, I am frankly surprised that the judge didnt just can this whole deal after their second screwup became known. At that point, it should have been obvious to the court that these guys have no respect for the law, and they should have been slapped out of court for it IMO.

Did you already submit an answer to this summons? I hope you didnt, because thats where we will slam-dunk this "proof" they just offered. Just remember this--the judge will not object to their actions for you. You will have to do it yourself. Dont worry, you're gonna be able to handle this just fine, and hopefully this will be the end of this mess.

If you did not answer the summons, you can email it to me if you like, like last time. If you need my addy again its the same screen name as on here, at yahoo dot com. We will go over the whole thing and answer line by line, and then we will throw in your affirmative defenses, back them up with the statutes within the law itself, and if this court has any interest in the law you should have no problem at all.

Nope, I haven't answered it yet skydvr. I am most happy you are willing to help me out on this, I will send a copy of the "Complaint For Money" later this evening to your email address.

By the way, that was another thing I found quite odd, the way this summons was written almost sounded like an amateur had written it.

"Complaint For Money" ????????????

Sounds like something I would do. :lol:

LOL!

Hey, being poor like I am, I always "complaint for money!" Was this complaint written in Crayon?

Isn't that funny Ron? I was a little surprised at the wording, then again, maybe it's standard??? Although coming from an Attorney I would have expected a little more. :?