Borack & Associates Update!!!

very nice,at this point if i were you i would
fear BORAT before this borack dude.

Great news!

And an extremely funny story to boot! I would loved to have been there to listen to the phone conversation along with you guys, I bet it was a hoot. Was this all on speakerphone and in front of a packed house (meaning there were other cases there in the courtroom waiting to be heard?)

One thing to point out, as I understand it, if the judge did dismiss the case with prejudice, that CA cannot file suit against you for that particular debt again. Check any paperwork you received from the court and see if it was dismissed with prejudice or not.

Borack and associates? Isn't that the guy that had that movie out a year or so ago? Where he fakes being from another country and visiting America?

Ahh, paulmergel, you stole my joke!

Just kidding.

Great minds must think alike, though.

You guys are too funny.... You are talking about Borat.... This is supposed to be an attorney with offices here in Florida.
Yes, the courtroom had other cases and I could hear the people snickering in the background. I wished I had recorded it, because not even the judge believed it.
We probably have to wait until we get our copies form the judge's offices and then we will know if it was with prejudice or without. My guess is with prejudice as she was saying that they might come after us again.
Very nice judge.

okay ron,you've got you.who's this other great mind?
watch out for BORAT.he will chase you down in the street,all the while screaming. I LIKE YOU.scary.

Also, I want to personally thank "frogpatch" for all of his comments and encouraging messages.
Heck, thanks to all of you for listening to my whinning for the last couple of months!!!!

being serious here,whether it is dismissed with or without prejudice is imaterial.if it is dismissed without prejudice,whoever decides to pursue this had better go a long way to avoid a dismissal with prejudice.if borack or anybody else tries to push that malarky like this it will be dismissed with prejudice.

I learned something new. I used to watch Judge Judy, and Judge Joe Brown. I assume dismissing with prejudice meant it could not be brought up again. I guess i was wrong, lol.

That is great news for you. I, too, had a dimissal hearing due to lack of motion from the prosecution with these people back in early june. Due to some circumstances, I was unable to attend the hearing. I called the court house two weeks after the hearing date and they informed me that the case have been dismissed. However, they were unable to informed me if the Borack (prosecutio) people attended the hearining

I am trying to help my 80 yrs. old friend. She received this package requiring info on all her personal banking, assets, etc. Her son/daughter-in-law in 2005 while she was ill, used her CCards with her approval to purchase things, gas, food, clothes for her, and helped themselfs to other things, gas grills, computers, gas mower, etc etc. So that she wouldn't see the dept they acquired they "faked" and called the CCards and had some addresses moved to their address. She has judgements from probably 5 companies against her. Being ill, old, with no money she never responded to ANY of the court dates. Now everything is coming down on her. How can I help her get out of this?

OMG!

That just makes me sick!

Did she file police reports regarding the theft? Or identity theft?

I would recommend checking with your local legal aide office to see if someone can help her. I honestly don't know where else to start.

Keep checking back and see if anyone else, that has a little more information/advice, checks in.

I'm really sorry your friend is going through this.

Does anybody know if they practice in GA or not? I have received a summons from them and am trying to get all my ducks in a row. Any help would be appreciated!!!

Should I just go to the clerk of court and see what my options are? My summons included a household bank contract agreement and a paper showing last payment date and amount purchased by atlantic credit.

first,was there a court date on the paper you received.if so answer the summons and show up.this place thrives on default judgements.if you need more info then yes see your court clerk.they can guide you in what you need to do.

I cant see any posts on this thread. I made a comment and now it doesnt show up and I cant see anything else. I have two papers stapled to my summons...1) terms and conditions of HSBC and 2) paper showing original creditor, last pay date, charge off date and purchased balance. Is that all the information they need? Am I better off calling and asking for a settlement offer?

it just says I have 30 days to respond. summons dated 12/14/08

don't know why it isn't showing up,but if you do call.get everything in writing.the offer,a promise to not sell the remaining balance.i just don't trust this bottomfeeder.is there anything with your signature on it?if not i would request validation during discovery.if you register you could PM skydiver.he knows what to do and can guide you from here.

firekiller-

first, what state do you live in?

Second, what is the date of last payment as shown on the paperwork you received?

Third, does your signature appear anywhere on the "documentation" they sent you? If not, then that is not validation. the purpose of validation is to prove the following:

1--that its legitimately your debt
2--that you owe the amount they claim you owe
3--that the CA involved has the legal right to collect the debt.

If they do not answer those three questions, then it is not proper validation. Anyone can type up a page with numbers and dates on it, that doesnt show that you even entered into any agreement to pay anyone anything. it also doesnt substantiate the amount they claim you owe.

i would NOT accept that as validation, if it were me, unless they provided the credit agreement with your signature on it. Simply providing a blank credit agreement from the OC with their terms and conditions on it doesnt mean a thing....anyone can contact that original creditor and get a copy of their terms of service!

OK, let's start with the info I asked about above, and we will go from there. If you like, we can go through every statement they have made in your complaint and how to answer them. if you do not want to post them up here, feel free to email me, my email is the same as my screen name at yahoo dot com.

Jon

I live in GA. Last payment date is stated as 6/22/07. Original chargeoff date is 1/31/2008. No signatures on anything. Just a standard household bank contract. And an Atlantic credit account statement. The summons is signed by a lawyer in Atlanta, Bryce E. Farstein. But when I looked it up on the GA BAR it is spelled Farbstein. Dont know if that makes a difference.

I live in Polk County, Florida. Last year I worked out a payment scheme with them after they gave me a court summons. I only owed around $1200. On the phone, they gave me an option to pay $103 a month for 10 months after an initial draft of $147 and I took it. Stupid me, I never looked at the paperwork I signed and faxed back to them.

It's been a year and they're still taking $103 out of my bank account per month. When I called them to ask why they're still taking money out of my account, they said I still owed $721! I told some lady, who has a norhteastern accent, that my payment plan was supposed to be for only 10 months. She said that the stipulation I signed CLEARLY stated that it was for 16 months.

I was arguing with her and then it dawned on me. If my payment plan was for 16 months as she said my contract stipulated, and they've been taking $103 for 12 months, that mean't I have only 4 months left. So how is my remaining balance $721? It should be $412 if I only had 4 more months of $103 payments per month left. As soon as I posed that question she transfered me to some other woman.

This woman said there was no set number of months that my contract stipluated and that the extra money was from incurred interest plus court fees. They're going to keep withdrawing money until the payment is "fullfilled." When I told her about the lady I was just arguing with who swore my contract was for 16 months, she gave me the runaround saying that she "was not privy to that conversation. So I'm basically getting xxxxxxxxxxxxxxxxx by this agency, and unless someone has some advice, there's pretty much nothing I can do about it. I'm paying around $2000(if they don't add anymore costs) when I was supposed to be paying only $1200.

If I had any advice for someone who's in some small dept, DO NOT GET INTO A PAYMENT SCHEME with a dept collection agency, ESPECIALLY THIS ONE. Save, borrow, do whatever you have to do to get the whole amount that you owe, and pay it all off in a lump sum.

Borak and Associates are complete scum.


I understand your feelings, but let's keep it clean, OK? - Uncle Wulf

They aren't allowed to charge interest above a state-permitted minimal rate (usually 6-8%) unless there's a contract that allows it? Do you still have the paperwork that you signed and faxed back to them? If so, read it. If you need help, post back.

And it would be right handy if you'd register as a member of our little community. It's free, and it allows some communication options that you don't get as a guest poster. Besides, it makes it easier on me to try to keep straight who's who.

they keep sending my paper work to my sister house and not mine they have my address. so i have to respond to it then or just have her send it back