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Not only did this firm threaten to jail me if I did not pay on a debt after not sending a statement, they garnished my primary checking account. Is this legal?




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/hotl ine/court.html"

Sub: #21 posted on Fri, 06/19/2009 - 02:29

Chrys Henderson Chrys Henderson

(Posts: 2538 | Credits: )

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?

Sub: #22 posted on Sat, 06/20/2009 - 11:16

cutterkw cutterkw

(Posts: 2 | Credits: )

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_59..."

Sub: #23 posted on Sun, 06/21/2009 - 21:39

Chrys Henderson Chrys Henderson

(Posts: 2538 | Credits: )

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

Sub: #24 posted on Fri, 07/10/2009 - 23:18

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

Sub: #25 posted on Fri, 09/11/2009 - 09:20

Unregistered


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

Sub: #26 posted on Fri, 09/11/2009 - 09:53

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15512 | Credits: )

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).

Sub: #27 posted on Thu, 10/15/2009 - 08:26

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

Sub: #28 posted on Thu, 10/15/2009 - 08:28

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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"

Sub: #29 posted on Sun, 10/25/2009 - 10:46

Unregistered


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

Sub: #30 posted on Sun, 10/25/2009 - 18:16

unclewulf unclewulf
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(Posts: 3172 | Credits: )

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