Hayt Hayt and Landau of Florida

Is the debt from a defaulted payday loan? Many of the payday loans have in their paperwork a wage assignment that you need to revoke when you default. The other possibility is did they go to court to get a garnishment order?

If you live in Florida, yes it's legal. I've had dealings with them too. In Florida you DO NOT HAVE TO BE NOTIFIED before garnishment (I found out when I went to cash my paycheck). All they need to show is that the money is outstanding; I was already making payments (which I had initiated) and it didn't matter.
They can be very nasty. They threatened me w/jail if I didn't return a form -- which I had sent them and had proof of their receiving it. If they get nasty, just be sure to send copies of your (tempered) responses to the judge and put in the case file...Good Luck!

I am dealing with them for an old credit card. I set up payment arrangements with them and have been making my payments to them for over a year now. They have been nice to me. Were you making payments to them or the original company? That may be the difference. If they try to garnish my check I have the paperwork from them saying they won't do that as long as I make my paymnets.

ok, let's clarify this one a bit, as I believe you are not getting the proper information here.

When you say they didnt provide a statement, do you mean they didnt validate the debt? If you did not send a debt validation letter, do it NOW. Send them a DV request by certified mail, return receipt requested. DO NOT WAIT ON THIS. If you havent done so, and you need a copy of a DV letter, we have one in the do-it-yourself section that you can customize to your situation and use.

Here's the basic deal--they are acting illegally right now. First, they CANNOT have you arrested for not paying a debt. Telling you that was a violation of federal law, and you can actually sue them over it.

Also, what kind of debt is this? It makes a difference, because payday loans usually have a clause in the credit agreement that you sign that gives them permission to take money from your accounts. If you did not authorize this withdrawal, go to your bank ASAP and inform them that an unauthorized withdrawal has taken place. There are only two ways that they can legally levy your bank account--

1--if they get a judgment against you in court
2--if you gave them permission to access your account

If they didnt sue you, and you never gave them or the OC permission to take money from your account, then it is illegal. The most important thing you can do right now, if they havent sued you over the debt, is to send that DV letter out ASAP. Once they receive it, they are required by federal law to stop all collection activity, which includes any type of contact with you where they are trying to get you to pay. It also includes taking any money from your bank accounts. They cannot do anything until they provide you with validation of the debt. If they continue to try to collect, then its another violation. Those violations are worth $1000.00 each, paid to you by them, if you sue them and win in court.

Here are a couple of pages that provide a good overview of Florida garnishment procedures. Nite454, you didn't mention whether you lived in Florida, so this information may not apply to you. If you want to give us some more info, we can likely be more help. Regardless, there must be a judgement in place first, before a creditor can pursue garnishment.

http://library.findlaw.com/1998/Dec/1/126478.html

http://fair-debt-collection.com/state-garnishment-laws.html#10

Hayt Hayt & Landau have scheduled a court date against me. I was never served a summons. If I didn't receive summons what happens?

If you did not receive a summons/civil complaint how do you know you are being sued? Did you see this through your county court docket or did they just say you are being sued?

Free debt collection legal advice for consumers at xxx-xxx-xxxx. St. Petersburg, Florida. We have experience with debt collectors.



Phone number removed. Sorry, but you can't advertise here. - Unclw Wulf

Hayt is receiving payment from me for Capilal One debt. Can we bankrup Hayt?

I just received a summons for a pretril conference for an old credit card charged off on june 1,2003 and has not been used since 2002. Is this not outside the statute of limitations and barred from action in fflorida

What type of card was this? Store card or bank card? Store cards would have a 4 year SOL and bank cards a 5 year SOL. The case law that supports the 4 year SOL is PORTFOLIO RECOVERY ASSOCIATES, LLC, Appellant, v_ PAUL FERNANDES, Appellee_ Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County


Did you make any payments after it was charged off? Does your credit report show the DOLP? Definatley respond to the summons and compliant. You have an affirmative defense of SOL but you will have to prove when the last payment was made.

i signed an agaeement with this collection agency (Hyat Hyat & Landau) I could not afford an attorney to help me. I am 66 I owed Capital One Bank 5,045. back in 06 -07 - went into collection. i haave neem paying 150. from 1/07 to 4/09 and i got a printout from them and it says my balance is 6 grand....including court chgs. lawyers fees, etc. 18% on charge card. instead of this going down b elow 5,045. i owe 6grand. Help me.....where is this 150 per month going? how can a debt being paid go up instead of down....I am on SS only. and I am very confused. Thank You.

HAYT,HAYT AND LANDAU ARE NOT A LAW FIRM--THEY ARE DEBT COLLECTOR'S--THEY BUY DEBTS FOR 0.03 CENT ON THE DOLLAR--MAKE YOU GO TO COURT AND HOPE YOU DON'T SHOW--NO SHOW THEY WIN--BIG RIP-OFF COLLECTOR'S-- CAN'T GIVE MY NAME
GOING TO COURT TO WIN.

I have a trial date set with HY&L for an old capitol one card. They sent me cc statements from 4 years ago but I honestly don't even remember opening this account. What should I do? Of course they are suing me for an amount that's almost triple to what the noted credit limit is

this is not a law firm. none of the names associated with this cesspool show up as members of any bar

but i am actually looking forward to making them look foolish. they picked the wrong person to try to extort, i work way too hard for my money to just hand over to these criminals.

The best part is that i am going to hire this attorney that despises these guys and just wants to bury them!

Excellent! The best of luck, and please keep us posted!

I RECEIVED A PHONE CALL FROM THIS AGENCY TODAY STATING THAT I LOST A JUDGEMENT . THAT THEY WANT THEIR MONIES TODAY. THE JUDGEMENT OR A HEARING TOOK PLACE IN ANOTHER COUNTY. I DID NOT ATTEND I AM NOT SAYING THAT I WILL NOT PAY THIS DEBT, HOWEVER I CAN NOT AFFORD TO PAY 1, 074.00 DOLLARS TODAY. THEY WERE VERY INSULTING TO ME STATING THIS IS WHY THE ECONOMY IS IN THE SHAPE IT IS BECAUSE OF ME. I WILL NOT TOLERATE BEING SPOKEN TO IN THIS MANNER, THEY SAID THEY ARE GOING TO SEND A SHERRIF HERE TO SELL OFF MY GOODS TO EQUAL 1,074.OO.. I GUESS I MA GOING TO HAVE TO CONSULT AN ATTORNEY... I HAVE NO RESPECT FOR THESE PEOPLE, YOU STILL SHOULD BE ABLE TO MAKE A PAYMEWNT ARRANGEMENT, WITH TODAYS ECONOMY I AM SURE I AM NOT IN THIS ALONE.. I SHOULD HAVE FILED A BANKRUPTCY, IT WOULD HAVE BEEN EASIER THAN TO TRY AND PAY A SMALL AMOUNT THAT IS GOING NOWHERE

If anyone sues you, it must be in the county that yiu reside in. They are just telling you this to scare you.

I recently received a summons to appear against HH&L with no court date. I sent a dv letter to the court and the plaintiff. I did not, however, send it certified. Should I have sent it to the clerk of court and did I mess up by not sending certified?

If you get a summons it is too late for a DV letter. You would file a Motion for Discovery (call your local municpal court and ask them how).

Here is some info on the civil court procedures (from a New York point of view, some of the info may different in your state):
"http://www.nedap.org/hotline/court.html"

On subject of summons and DV. I researched the case progression on net. Last action is marked as answered/answer waived. Called clerk about Motion for Discovery- no form. Can I presume the court accepted my request for validation as an answer?

Search for your county court's website and look under their particular methods of procedure. The clerks are generally the least helpful people in the court system!

For some info on Interrogatories and Discovery, see this:
"http://www.consumerlaw.org/publications/manuals/content/samples/M8fdc_591-595.pdf"

I am about tto go to trail with hh&&l ona credit card last used in fall 2002.They claim tohave ffiled back in 2006 but never served me. They filed with court and got an extension. I was first served in marrch 2009.
I have lived in palm beacch county this entire time and do not believe tthey did due diligence.Do i have an affirmative defense and what should i bringg to court to prove my point

If I show up for the pre-trial conference and they do not send a rep from Hayt wll the case be dismissed?

it should be.if they don't show you have to motion for dismissal,but it should be dismissed.

I'm currently dealing with them. I even filed a complaint with the BBB against them and they didn't fight it. I called to make an arragment with a 'lump sum' (I'm not paying $100/mth while it collects 25% interest until $2100 is paid off on a $400 credit card!) and the secratary "Rosa" told me my lawyer needs to "go back to college and get a real education" after she told me they already filed the papers to garnish my wages. I told her I already talked to a few lawyers (my mother in law is a corporate attorney and got me a great lawyer) and they can't do that because I make less than $500/week and I'm the head of household. I have nothing they can 'seize' that's worth anything. That's when she told me that. I haven't heard anything back from them in about 2 months now. I guess now it will just float around until I figure out what to do next. I'm probably going to call back and offer them 1/4 of what I "owe" them (It's all lawyer and court cost) because, as I've been told by MANY lawyers, they won't get anything out of me otherwise.
The lead attorney Robert IS a member of the bar. He is the only one. But, when you do research on the 'law firm', it doesn't exist according to the bar. Robert is the ONLY thing that pops up under their address and it's NOW in HH&L's name at ALL on legit law websites (not including address searches).

I mean NOT in HH&L's name, sorry.

I settle with hayt and hayt landau for 75.00 a month for a store card. I am paying now, for 3 yrs. I called hayt and hayt landau to find what my balance is! I never got a balance letter or a reminder i left a messages for mr. Herandez never got a response! How more due i pay, or what is the pay off this is unfair pratice.!"[quote][/quote] they are not a law firm as they claim"

How much did you settle for, and did you get that in writing? How much have you paid them (how many months @ $75)?

call a consumer lawyer - try debt defense erik kardatzke 305 444 4323 leo bueno 305 569 5620 or scott owens 954 923 3801; you can sue a debt collector for suing on a debt barred by the statute of limitations

I have been trying to get a hold of these people for about 11 months now. I receivd court documents from this "law" office from a police officer, called and requested complete details of the total balance due from my Capitol One Credit Card that I had in 2001. They were all over me to Pay Now to avoid big penalties, big scam. I received all of the documents and agreed to a "payment plan" to pay off the $2400 debt on a credit card with a $400 limit. I made one payment and when no one returned my call for the next 30 days I stopped making payments. I still make calls every once and a while, but no one ever answers or returns my call. I don't know what to do from here? I don't want this bad debt haunting me for the rest of my life. I understand that I messed up big time as a teenager, but how long should this follow me? Any advice??

Anyone gotten HH&L to settle, and for how much on the dollar? I have a pre-trial comming up in which they validated my debt, but i cannot afford $5,500. Should i get a lawyer? What kind of lawyer? Do I have any defense? Am i $crewed?

hayt hayt and lanmdau isa a no good scumbag law firm with people who dont give a shit about nobody all they are is a car saleman with a paper .who are they to dip into anybodys bank account especillly with the way the countrys financial systems sucks they take my bank account im going to take there blood

Why is it that Hyat & Hyat can do this.? Going beyond the 5 year status. Plus if you owed Capitol One and, they charged it off years ago..How is it that these shysters can get away with what there doing...Why don't the judges know of these A/H's in there courts.? Why would the judges even want to hear any case that these's shysters would bring to court.? Plus why would any judge rule in there favor...especially against people who are on SS....What a cesspool of courts in Florida...who would want to live there in that kind of situation...Remember the judges were once lawyers too.!

Credit cards are 4 years in Florida and 5 years for a signed contract. They can try to collect it 20 years down the road but they can't sue. Pretty much all courts are not up to speed on debt collectors and usually just rule in their favor, it is up to the consumer to get educated and know how to defend against these bottom-feeders. Massachusetts recently enacted different laws to protect consumers in small claims court, also the SJC made some changes, I forget where, but will look into it.

A judgment can be entered against anyone, it does not matter what type of income they are on. A judgment is good for 7 years in FL and is renewable. In the event that someone is on SS and they return to work 14 years down the road, the judgment then can be enforced.

Hope this sums it up for you.

My father got a call from these people looking for me. He lives in michigan, and i have been living out of state for about 6 years. They told my dad, that this is the only contact number they have on file for me. I called the "Law Firm" and a seceratary answered, and i asked who they were. She said she wouldnt tell me unless i give her my name and social security number. I said no, and she said well ok, but you probably got a judgement against you. Great, and i have no idea who its for. Whats my best move?

Ah no, They must have a court order in order to garnish wages or take funds from your account. Thye also can't threaten you with jail time as this would revoke any and I mean any legal claim they may have over you. Verified with my payroll officer, my bank's officer and my attorney

I live in NJ. In 1998 while in college, a approx $4,000 government financial aid was cancelled due to the misinformation of the college. I refuesed to pay the aid amount because it was college's fault. I did pay off my whole tuition ($6000/smester) and all my college loan.
The college handed over the aid amount to the collection agency in the form of tuition. The collection agency got a supreme court judgement against me for $9,000 in 1999.
In 2006 the agency withdrew all the money from one bank account that they got their hands on. I later called the agency to settle and they refused. Matter of fact they said they need 10% extra from court cost and so on.
Now I have nothing under my name.
Should I keep mum or should I call them and again try to settle something.
The whole process is such a fraud.

[COLOR=black]In 1998 while in college in NJ, a government financial aid for $4,000 was canceled due to a misinformation/fault from the college. The college handed over the amount to collection agency as overdue tuition. [/COLOR]
[COLOR=black]In 1999 the collection agency got a Supreme Court judgment for approx. $9,000.[/COLOR]
[COLOR=black]In 2006 the agency got hold on one of the bank accounts and withdrew part the money. I later called the agency to settle the amount. They refused to settle anything but said I need to pay 10% extra for court proceedings. [/COLOR]
[COLOR=black]I refused to pay. The whole thing is such a fraud. I mean to have a judgment against me due to college's mistake. I was very regular in paying my student loan and tuition.[/COLOR]
[COLOR=black]I have nothing under my name now. Should I keep mum or should I call them back and try to settle again? [/COLOR]

"Law Offices of: hyat, hyat & landau" , "P.L."
Their phone number has three (3) sixes (6's) aka "666"
That should give anyone a hint.

I had a debt with BofA here in Florida that was sent to Hayt, Hayt and Landau. I went to court set up a payment plan and couldn't get a hold of them forever, now they have sent me a court signed doc saying that i need to send them info about my personal expenses. I'm trying to contact them to see what we can work out but whatever extension i hit it just goes offline. Any help on what i can do so they don't garnish my wages. I heard that they can garnish the primary head of household but i don't know much about the law.

i been trying to get recipt on the debts i been paying

HEY ANONYMOUS -- you're a fool ! Hayt, Hayt & Landau IS A LAW FIRM!!!!! Check with your local Bar Association or State Supreme Court before you start making dumb and incorrect assertions or you can find yourself sued for defamation. In fact there are Hayt, Hayt & Landau law firms in Florida, New York, New Jersey and Pennsylvania. Real lawyers.... real lawsuits...... real trials..... and real garnishments if they get a judgment, especially if you don't pay back government backed student loans

if what you're saying is true, get a lawyer and file a counterclaim against the College, violation of the FDCPA, and consider suing the NJ Higher Ed Student Assistance Authority

you're dead wrong -- Hayt, Hayt & Landau IS a law firm, they have licensed attorneys in many states (FL, NY, NJ, PA). They will sue you and they will go to court. Are you ready for trial? Consider paying your debt.

Well Happy New Year Troll! Why don't you take your "pay your bills" crap somewhere else?

I received notice today from Hayt Hayt and Landau dated 1/10/11 that they would garnish my wages. I checked my bank account today and they have already placed a hold on my account. I am a single mother, I heard if you are head of household, they are unable to garnish your wages. Is this correct? How long will it take for them to release the hold on my bank acct? The debt is for an old Capital One credit card that was charged off in 2001, I've paid this law firm $900 out of $2000 and is being told I still owe $2600? I dont understand. I am so pissed.

Well... I haven't heard of any law stating that if you are head of household, then your creditors are unable to garnish your wages.You can have a word with an attorney in order to know if there is any such law in your state.

Amber-do you live in Florida? If so, then yes if you are declared Head of Household then no they can not garnish wages up to a certain amount, not sure what it is now. Two years ago when we went through this, they tried to garnis my husbands check and they couldnt as he is Head of Household and made below the amount set by the state which then was $550-I have heard the amount has gone up to $750 but not positive about that. When was your last payment on the account, you said it was charged off in 2001-if so then its SOL unless you have made payments in the last 4 years-if you did it restarted the clock. Were you sued by them? If not then they cant garnish unless you were sued, they cant just go into and garnish bank accounts without having sued you first. They may not be able to garnish wages but they can empty bank accounts-close your accounts and have paychecks deposited onto a prepaid debit card-you can pay all bills out of that. But, it keeps them from getting into bank accounts-especially if they cant garnish wages if your head of household-they will be vicious then going after bank accounts thats why you need to close them if they cant garnish you.