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Kramer & Frank - Are they for real ?

Submitted by jeffc762 on Thu, 11/30/2006 - 16:38
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Has anyone heard of Kramer & Frank PC Attorneys at Law? They are handling one of my HSBC accounts, I cant seem to get a hold of them though. I keep calling and leaving messages to discuss payment arrangements, and they keep sending me letters.
Any suggestions??? I talked to one person there and she said to call back in December to make arrangements because the person handling my account wasnt in.
Thanks


This office calls me several times a day at work. A man named Ron Olsen is always very rude even after I have told him to not call me anymore. I have also told him that I turned the account over to a debt settlment company. As far as I know he never contacted them over this. Seems as all they want is to sue even when they know you can't afford to pay. It's a very f*&^ed up system when the creditors can do whatever they want and when they can't pay their bills the government bails them out just so they can stay in business and raise our interest rates again.


Submitted by on Tue, 11/10/2009 - 12:01

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I have a debt that was originally $2,000 and when I fell behind on my payments i went over that mark and never could work anything out, and with penalties, never could pay it down. Of course they charge my account off, sell it but the CA was asking for $5,300. Now K&F has had my county serve me with a court appearance. I can pay the original debt but they will not accept that. Would it be in my best interest to go before a judge. I don't want to risk wage garnishments because of what that could do to my job?


Submitted by on Tue, 11/10/2009 - 17:49

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Yeah i have been reading all of these post and it kinda worries me. I had a capital one account that was way past due, but its because i went to prison. Not that its any excuse, but im getting things together and this is the only bill i cant get started. I would love to just pay it off. Is there anything i can do? Do i really have to pay for an attorny? Why cant i just pay capital one the money? It was only 300 oringinally and now its 2300 and getting higher. I have no problem paying. But they have another thing coming if there going to try fucking with me too. Im not the person to play games with and they posted there address all over the internet..... fuck it, i wont stay out for the rest of my life. I know this. Jail is my life and this shit doesnt make since to me. I can save a little money. go up there to the lou, handle my business, and go back home.... Its were i belong anyways. Ill be dammed if i gonna let some high priced sissy white boy steal everything i have. Im way to smart, tempermental, and stupid for all that!


Submitted by on Mon, 12/14/2009 - 18:12

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I have heard of them. they are rotten to the core. but i have contact information for you. A good phone number for them is 314-991-1835. i dont get many answers on that line, but they do answer.
the best number to call is i guess she is a collector, and her number is 314-754-6144
this number always gets answered.
hope this helps, and i really hope you go through another collection agency as these folks are under investigation


Submitted by on Tue, 01/19/2010 - 04:10

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great! I just got my little paper today from them to appear in court! I thought i was doing good having Financial Solutions Legal Center represent me on this... i guess not!!!

I am soooooooo worried about this! I call my negotiator and got the ..... most clients dont show up for court..... they can freeze your bank account..... get a prepaid credit card....... WHAT THE@#%#&$Q??????


Submitted by rylos on Tue, 01/19/2010 - 13:51

rylos

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Well after reading all of this, I guess I have my work cut out for me as far as dealing with this company. I think I will first go with the debt validation letter, and then proceed from there. Thanks to all for the information on this company.


Submitted by on Thu, 01/21/2010 - 08:29

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People, people, people..all of these comments are just making me laugh. If you ever want to reach the firm, dont ever try to talk to the collectors. Always call the docket department as they will always help you. Someone mentioned above that K&F is a Collections Agency. NO. It is a multi-million dollar law firm with about 20 attorneys. Huge comp. like HSBC, CAPITAL ONE, GE MONEY BANK, SALLIE MAE, GIRL SCOUTS, LVNV FUNDING, MIDLAND FUNDING, etc. hire K&F to sue people who DO NOT pay off their debts. Its funny how people say they dont owe something when in reality, 100% of them do.


Submitted by on Mon, 01/25/2010 - 20:31

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MISSJENI -- I don't think people are saying they don't owe it -- they are just on hard times, missed payments, and now want to know what their rights are. People get worried when they are served with legal documentation (which is why CAs do this), and they worry about whether or not they are going to have a paycheck, or whether they should show up for court, etc. I'm not sure I read any remarks on here about people who didn't think they owed the bill. And, with identity theft at an all-time high, I'm not sure you can accurately say tha 100% of the people who are being sued owe the amount they are being sued for. You may now return to your desk at K&F and stop trying to intimidate people. Individuals have rights -- even individuals who fall behind on their bills!!


Submitted by on Fri, 01/29/2010 - 13:53

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PLEASE READ.........I have been dealing with K&F for the past several years. I am currently on social security disability and have many medical bills. Last year we were notified August 09 that K&F was suing us for Olathe Medical Center for services after insurance had paid my medical bills. They were awarded the judgment. We NEVER heard another word from them and them in December when my husband received his paycheck they had garnished his wages for over 1200.00. NO NOTIFICATION! These were my medical bills - the way they worked it goes like this......they took us both to court and received the judgment in BOTH of our names. That is how they were able to garnish my husband wages for my medical bills. Currently we are in rears with our mortgage payment due to K&F greed and not willing to work with us. Not only did they file a judgment and ruined our credit they then garnished wages. I agree that we owe the debt and that we were not able to keep up with the payment due to my husband received a pay cut.....but this company has no ethics and the only good news is that each one of the folks that work there will have to meet their maker one day and account to their behavior. PRAISE GOD!


Submitted by on Mon, 03/01/2010 - 17:04

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My original debt was 1300 dollars. They charged me $1300 in interest on top of the debt. It is agencies like this that make us not go to the doctor now. We can't afford insurance, and can't afford to get sued again by this agency. These predatory practices wil be the downfall of this country.


Submitted by on Fri, 03/05/2010 - 09:24

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So I have been trying to contact Kramer and Frank for a very long time now and got nothing. I would mail them the entire amount if i know the amount but i dont. They have non of that posted. Anyways, I got online and filled out a complaint form. Im also going to be contacting a lawyer. Fact is, i have the money now and am willing to spend what i owe them to have this thing taken care of. Ill be posting the Law firm im using after i get one which should be some time today. If anyone else is interested please post something on here so i can have them contact you as well.


Submitted by on Thu, 03/18/2010 - 08:26

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I have a court date coming up with K&F next month. I have sent K&F interrogatories so as to clarify who they truly represent, and filed copies of these with the court. I have the Danny Murphy judgment against K&F (Missouri, Western Division, 2007) which I will present to the judge in case he/she has any questions as to the ethical tactics of this group.

My situation is that my wife ran up my credit cards along with her own, defaulted on them all, and now I am being sued for the ones that were in my name (man, live and learn). At any rate, I have no problem settling with Capital One, the alleged plaintiff, but I refuse to settle with K&F. I will invoke Capital One's arbitration contract if need be.


Submitted by on Thu, 03/18/2010 - 13:51

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I reported to the Kansas Gereral Office some problems I was having with this company. In the main today I got their reply to my compaint,. They actually lied to them. I do not know how smart it is making false statements to the KGO. Wouldn't this be calls for a lawsuit?


Submitted by on Sat, 03/20/2010 - 15:27

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My Home Depot account went to Kramer & Frank PC. Has anyone deal with them before and the statute of limitations for my state is 3 yrs and this account has not had a payment on it since late 2006. Can they still come after me for this due to the statute of limitations? Also I live on the west coast and they are in MO can they sue me? help me


Submitted by on Thu, 04/08/2010 - 01:21

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This company is a bunch of blood suckers, they will garnish garnish garnish they go after your bank accounts, and I repeat they go after each and every bank account empty every dime. And by the time that 30 day hold on you account comes off they have 25% of your paycheck. Do not when believe them when they say they will work with you they won't they let give you just enough time to go to court and get lien and holds on all your money.......even after you pay them 95% OF WHAT YOU OWE THEY STILL WENT TO THE TROUBLE OF GARNISHING A NEW BANK ACCOUNT FOR THE REMAINING 400 DOLLARS. They are ruthless..............When they won't return calls that is because they are trying to figure out how to get it from your bank. If you get behind on payments empty your bank account yourself and cash your checks at walmart..........good advice,,,,,,,,


Submitted by on Wed, 04/14/2010 - 16:56

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Helpme: If the SOL has passed, then no...they can't. It is a violation of debt collection laws to sue on time barred debt. You can use the SOL as defense if they do in fact sue, but that is a last ditch effort as a debt out of SOL can be filed with IRS and you will get a 1099c and have to pay taxes on it. The better bet would be to fight them with documentation..if they don't have it, then it is an unproven debt and you will win.


Submitted by goldenbast on Thu, 04/15/2010 - 04:09

goldenbast

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Kramer and Frank, P.C. (Merdith Robert, mean lady) contacting me about four months ago regarding a 2 year old account. I set up payment arrangments and although I am current on all my payments... I'm also usually late on all those payments ....Can they hurt me?? I set up a new payment plan after I got a court summon, but they said I still had to go court. I live pay check to pay check. I don't want to file bankruptcy. I know once I go to court they are going to ask me where I work, how much I make, what I own. But what information am I allowed to withhold.....obvinsously I been making the payments, and if I could pay it on time then I would. I make 9.75 hour and get 40 hours. After taxes have been taken out I only make $330. a week. I live paycheck to paycheck. And I have calulated and my bills (all of them) and cost of living = the amount of money I make. I don't know if a can claim an exception or what it is even. I was willing to work with them...and they screwed me over. Can anyone tell me what rights I have against these people. I closing my bank account just soo they can't rape it. I have never been through this before and I would like any information I would be represent and protect myself from the lawyer,court, and judge. Please respond soon! I go this Wed.!


Submitted by on Sat, 04/17/2010 - 11:54

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Thankz, I didn't know to ask about validation cuz I do know that the account they are referring to is real account and it was my account....but I look them up and Kramer and Frank do do work for this company. So I think it is legitimate, but I am going to ask for it anyways. And I think I have my receipts for everything to show that I am current on my bills. Thankz, for your advice.


Submitted by on Sun, 04/18/2010 - 13:33

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OK, I have some more info for those interested in Kramer & Frank.

I showed up at court and found that Kramer & Frank files civil suits against multitudes of people in my county on a constant basis. This is so common that all the K&F defendants are always asked to wait outside the courtroom due to the overcrowding. K&F definitely hopes that people won't show up so they can get default judgments, and this seems quite apparent by the number of lawsuits they file. I can't imagine they have enough resources to battle everyone before a judge, so they hope a large percentage simply don't show up. I'd say about 50% of K&F defendants didn't show up in court on the day I was there.

I am battling K&F through interrogatories and technicalities. They've asked for a 30-day extension to answer my questions and the judge permitted it. I am now waiting to see if they come up with answers. My interrogatories were focused on K&F proving they represent Capital One (to provide some sort of contract copy because my dialogue with Capital One was that they never heard of K&F). I am also asking that they validate the alleged debt through a signed contract and through an itemized statement. I will report back later.


Submitted by on Fri, 04/23/2010 - 08:17

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Thank you, Goldenbast. I posted just before you as "unregistered."

Another query I've been making is in regard to my specific assigned judge. In the state of Missouri, a person can go to "case.net" online and research the track record of a judge to see what his/her disposition is towards these types of lawsuits. It appears to me that my judge used to lean slightly in favor of plaintiffs a few years ago, but has shifted towards being more of a defendant's judge. Where he used to have a lot of "Consent Judgment"s (which are not good for defendants) I am seeing more "Dismissed By Parties" and "Dismissed By Court w/o Prejudice." This suggests to me that this judge is getting tired of the insufficient evidence being brought in by plaintiffs. I hope I'm right.


Submitted by on Fri, 04/23/2010 - 13:04

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yepperz! When I went to court the first basically they just swear you in and let them talk to the attoney of whoever sueing u, so I requested pretrial, they gave me a consent judgement...and I didn't sign it b~cuz they want 12% interest and thats bogus cuz they already made an obsence profit of me soo I gunna ask the judge to not let them do that to me....


Submitted by on Wed, 04/28/2010 - 14:19

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Of course it is worth it to fight! How do you know they are legally able to collect? How do you know they are collecting the legal amount? You should object to the affidavit as hearsay...you have the right to question the signer on how they could have a personal knowledge of said account. Were they there when you allegedly signed? Were they there to personally send off your statements? Etc.

Did you send in your written answers? The summons should have had a bunch of numbered statements that you agree/deny or 'without sufficient documentation to agree or disagree'. Did you do this?

If you still have time for discovery, you can send them a set of questions and production of documents like a signed contract, statements that show final amount owed, proof they are legally able to collect, etc.

Whatever you do DON'T sign that consent for judgment!!!! That is basically you saying you are liable w/o having your day in court.


Submitted by goldenbast on Thu, 04/29/2010 - 05:20

goldenbast

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I didn't object the affidavit as hearsay.... but I did put this in my answer....

The defendant states the following:

1.I deny the claim of the plaintiff for the following reasons on Count 2 I didn’t refuse payment. I just paid late. I live paycheck to paycheck, it hard to make dead lines.

I claim the following affirmative defenses:

2.I would like to motion for discovery of the document debt in question.

I would like proof that they are the legal ones to collect.

I would like some sort of contact copy and also that they validate the alleged debt through a signed contact and itemized statement.

I am more than happy to take responsibility if this account is legitimate. I have all my receipts of all the payments I have made wards the debt collectors (Kramer and Frank, p.c.) If the account is legitimate then I would like to consolidate my debt. I do not wish to file bankruptcy. They are asking for 12% interest off a very old debt, which they bought a low cost. Therefore, I’m asking to not have to pay the 12 % interest considering they are making an obscene profit off of me.
Basically I copied what that other guy said.... soo I dunno... I gave them my phone # so they can call me. But I wished I did question the affidavit... Hmmm do you think itz too late to add to it. Because I still have one more day to answer?? I already turned in my first answer, do you think it was okay? Thankz for everything, later :)


Submitted by on Thu, 04/29/2010 - 14:48

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I am not sure those are legitimate affirmative defenses....I know that general discovery has to have as motion filed for it, not just stated as a defense. If you didn't object to the affidavit, then file a subpoena for this person who signed it to appear, then you can question them on how they have first hand knowledge of said debt.

You kinda are doing this at the last minute..I am sorry I wasn't on yesterday to help you, but even then..cutting it VERY close. Ok so you have just filed your answer (was a question I was going to ask). Look up your states rules of civil procedure and find out how you go about motioning for discovery and filing a subpoena while you are at it.

In your answer, did you write an answer for ALL the counts?


Submitted by goldenbast on Fri, 04/30/2010 - 08:13

goldenbast

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Capital One (through K&F) provided nearly everything I requested for debt validation, including an itemized statement on the account and the initial application. I (rather my wife) had about $750 in charges on it. Once she stopped paying on it, the account ballooned by $80 per month with "over limit fees" and "late fees," ending up at around $1,400. They are asking for this amount plus attorney fees. Do I have any recourse to get this amount down to something more reasonable?


Submitted by on Fri, 04/30/2010 - 15:26

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Unfortunately, likely not. They have absolutely no incentive to deal with you, but you can try. Send them a letter offering to make payments, but they may very well ignore you. My only suggestion is to take all your financial information with you to court and set up something you can afford through the judge, but there will be interest and such. If you don't keep to the arrangement they can and will garnish wages (as applicable per your state)


Submitted by goldenbast on Sat, 05/01/2010 - 10:36

goldenbast

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Quote:

Originally Posted by goldenbast
I am not sure those are legitimate affirmative defenses....I know that general discovery has to have as motion filed for it, not just stated as a defense. If you didn't object to the affidavit, then file a subpoena for this person who signed it to appear, then you can question them on how they have first hand knowledge of said debt.
You kinda are doing this at the last minute..I am sorry I wasn't on yesterday to help you, but even then..cutting it VERY close. Ok so you have just filed your answer (was a question I was going to ask). Look up your states rules of civil procedure and find out how you go about motioning for discovery and filing a subpoena while you are at it.
In your answer, did you write an answer for ALL the counts?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
no I don't have a whole lot of access to the internet sorry soo I'm just not getting back to you. I didn't know I had to file it.....thought that was alll on them....but I will try to do that. I didn't file an answer for all the accounts. just the second one. do they allow redos. cuz from where I'm standing now. I think gunna have to file bankurupties.....I don't know what else to do. Thankz anyhoo, I get back to ya on the filing stuff. Thankz for your help though.


Submitted by on Sat, 05/08/2010 - 09:33

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According to case.net we are supposed to be served for a 3 yr old $569 medical bill soon.
It shows the hospital as the plaintiff and shows K&F as attorney for the plaintiff. I thought they were just a strong arm CA? My credit report shows it in collections with them. So do they actually work as legal counsel for the hospital or did they just buy the debt and say the represent the hospital?


Submitted by on Wed, 05/19/2010 - 16:01

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I am currently being sued by K&F for two different cases: Capital One Bank and Midland Funding LLC. The former is the original creditor and the latter is a junk debt buyer. Just my guess, if the hospital is listed as the plaintiff then it probably is. I doubt K&F would be so reckless as to misprepresent themselves in court.


Submitted by on Fri, 05/21/2010 - 08:42

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Kramer & Frank had been trying to garnish old bank accounts (closed) we have had and do not stop trying. I started paying a monthly fee to them and the letters of garnishments had stopped until we received one yesterday. I won't call them because I have once before and they are extremely rude and unprofessional. Don't know what else to do except keep paying them. Even if you are making payments, is the law in their favor to do a garnishment? My husband is the only one working and we barely make it.


Submitted by on Tue, 05/25/2010 - 04:49

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I am slowly learning that at least ONE person at K&F is somewhat incompetent. Her name is Jennifer (something) at the Kansas City office. People here may also be dealing with her. First, she sent me paperwork that was supposed to go to some other defendant in a different district. Second, she made a claim about Capital One that turned out to be false (that they never changed their "Customer Agreement"). Now, she has filed a request for continuation but flubbed up the paperwork, naming the wrong plaintiff in it (Capital One instead of Midland). Hopefully I can get the judge to dismiss the case based on her carelessness.


Submitted by on Thu, 05/27/2010 - 08:54

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[QUOTE=brownsugar;111348]Here is some info from the Better Business Bureau about Kramer. They hate pizza


Submitted by on Tue, 07/20/2010 - 22:19

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I sent K&F (Midland) a set of interrogatories. They didn't respond to them, and they asked the judge for a 30-day extension. He granted it. Their response came about three weeks after that. Nothing in the response was a validation of debt (no contract, no balances, no nothing) just objections and references to an "attachment" that wasn't attached.

So we met in court. I tried to show this to the judge, but he waved it off. He says "You should have filed a 'Motion To Compel'" and then he set a date for the Bench Trial.

I am rapidly becoming convinced that the judicial system in Christian County, MO, is corrupt. The judge knows the K&F attorneys individually by name. I have learned that another judge in the criminal section has told my stepson to "hire an attorney" to defend himself on charges of possession of marijuana. My stepson said he couldn't afford one and asked the court to appoint one. The judge told him that would get him jail time and he'd better find a way to hire one. Say what?!?

I think we need the feds to come in here and check this place out.


Submitted by on Wed, 07/21/2010 - 12:10

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Quote:

Originally Posted by jeffc762
Thanks for the info. Hopefully there isnt a problem. Do you think since they are attorneys they are more interested in suing me than collecting the debt? I just thought maybe thats why they arent talking to me, so that they can say I made no attempt to make arrangements.
Is that something thats even possible?

I have dealt with Kramer and Frank in the past and they are real. They were going to take me to court over a hospital bill, but we came to an agreement and everything was resolved. The person handling my account was very friendly and understanding.


Submitted by on Wed, 07/21/2010 - 22:07

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Quote:

Originally Posted by JCEMT
I cannot condone Al63139's advice as it will lead to a default judgment. If the debt is not yours then you can easily win a court battle. First thing you do is get a attorney well versed in fdcpa law. You should suggest that your attorney motion to show cause in the discovery process by requesting validation. The important things the judge wants to know in these suits are:
1. Does the debt belongs to you?
2. Does this entity have the legal right to collect on the debt?
That is what validation shows (in part) so the judge is going to grant said motion. If the CA can't produce said documents then the case gets dismissed (usually with prejudice, meaning that nobody can sue for it again) You can also challenge the chain of custody by having them produce assignment contracts and/or receipt of sales from that CA going back to the last CA that had it and the one before it, all the way back to the original creditor, you may even request they present witnesses that have first hand knowledge of the debt in question from each of the CA's for them to testify to their knowledge. It will break down their case faster than a house of cards in a hurricane.




They filed suit against me once for Capital One debt of about $800 and got a default judgment because I couldn't get to the Courthouse.

Now they've filed again on behalf of Citibank but I don't have an account with citibank and they haven't presented one document to show they have the ownership/authority to collect plus their process servers are abusive.

This time I filed an Answer to their Petition and the judge kindly gave them more time to look it over, he's "cool" that way too bad it doesn't work both ways (for my benefit). Now I'm due in court again tomorrow and they sent me a whole bucketload of interrogatories, request for admissions and request for production all of which I denied because they still haven't answered my Answer I filed in which I stated they had demonstrated no right to collect. They think that I'm going to give them the proof they need by doing their work for them which is LOL, I don't think so.

The judge is questionable, really a nice guy to these leaches who have set up shop pretty cozy with the judge.

Wonder what will happen tomorrow. The judge will be on me for something even if he has to make it up because thats the way he operates. Don't trust him to be fair one bit and yes, judges can be corrupt, I know of one case in particular here in KC and I'm sure thats not the only one.


Submitted by Anne Robertson on Mon, 08/09/2010 - 07:09

Anne Robertson

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Quote:

Originally Posted by Anonymous
I sent K&F (Midland) a set of interrogatories. They didn't respond to them, and they asked the judge for a 30-day extension. He granted it. Their response came about three weeks after that. Nothing in the response was a validation of debt (no contract, no balances, no nothing) just objections and references to an "attachment" that wasn't attached.

So we met in court. I tried to show this to the judge, but he waved it off. He says "You should have filed a 'Motion To Compel'" and then he set a date for the Bench Trial.

I am rapidly becoming convinced that the judicial system in Christian County, MO, is corrupt. The judge knows the K&F attorneys individually by name. I have learned that another judge in the criminal section has told my stepson to "hire an attorney" to defend himself on charges of possession of marijuana. My stepson said he couldn't afford one and asked the court to appoint one. The judge told him that would get him jail time and he'd better find a way to hire one. Say what?!?

I think we need the feds to come in here and check this place out.


I AGREE, I THINK at the very least complaints to the Court Ombudsman. We have one in the Circuit Court that would work just fine for filing a complaint about Judge Richard Standridge who appears to have a cozy deal going on. At the very least he is not fair and impartial.

One omplaint might not get much notice but if a lot of people do they would be FORCED into addressing the behavior he is engaging in.


Submitted by Gretchen VonDerhoff on Tue, 08/10/2010 - 07:08

Gretchen VonDerhoff

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Quote:

Originally Posted by Anonymous
Capital One (through K&F) provided nearly everything I requested for debt validation, including an itemized statement on the account and the initial application. I (rather my wife) had about $750 in charges on it. Once she stopped paying on it, the account ballooned by $80 per month with "over limit fees" and "late fees," ending up at around $1,400. They are asking for this amount plus attorney fees. Do I have any recourse to get this amount down to something more reasonable?


IMO, (which is not an attorney's MO) you might want to be careful bargaining with them as that could be used as evidence that you admit the debt and they might even be able to get around producing the original loan, charges, etc. I do think if you paid them one cent, just one penny, that would amount to an admission you owe the debt, check it out!


Submitted by Gretchen VonDerhoff on Tue, 08/10/2010 - 07:31

Gretchen VonDerhoff

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Quote:

Originally Posted by Gretchen VonDerhoff
IMO, (which is not an attorney's MO) you might want to be careful bargaining with them as that could be used as evidence that you admit the debt and they might even be able to get around producing the original loan, charges, etc. I do think if you paid them one cent, just one penny, that would amount to an admission you owe the debt, check it out!


Oh no, I never negotiated with them at all. I refused to even speak to them, which didn't go over well with the judge when he asked if we had tried to work it out.

It appears I am eligible for Chapter 7, so that will likely be the road I travel - especially if this judge rules against me.


Submitted by on Wed, 08/11/2010 - 14:09

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Quote:

Originally Posted by Anonymous
Oh no, I never negotiated with them at all. I refused to even speak to them, which didn't go over well with the judge when he asked if we had tried to work it out.

It appears I am eligible for Chapter 7, so that will likely be the road I travel - especially if this judge rules against me.


When exactly are you going before the Judge again? And who, if I might ask, is the judge?
:confused:


Submitted by Gretchen VonDerhoff on Fri, 08/27/2010 - 03:09

Gretchen VonDerhoff

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HOW LONG BEFORE THIS IS ABUSE OF THE COURT? [INDENT]
This case is in Missouri in an Associate Circuit Court. The case has been filed for over 3-4 months and Plaintiff's Attorney has yet to submit one document that shows they have a right to sue/own the debt. This is by a 3rd party purchaser of loans and it appears many of the cases they bring go to a default judgment which appears to be what they hoped for in this case, no one shows up and they get a judgment for a debt they can't prove exists or they own.

The private process server has a history of abusive service bordering on stalking and/or trespassing. The entire operation appears, imo, to consist of a cast of characters all of questionable repute even "his honor".



How long is it permissible to continue a case where no proof has been shown that the debt exists or is owned by them?


I have made two court appearances and filed two Motions to Dismiss with prejudice because they failed to state a valid claim. The judge does not rule, he just continues the case requiring another appearance in what seems to be misuse of the Courts and it appears the judge is participating in this abuse. Last action continued the case for 3 months to November trial date.
[/INDENT][INDENT]In my back pocket I have the option of bankruptcy, chapter 13 most likely to protect what I have.

If he pushes me to it I will do so. However it is ridiculous to reach this point.

That just really rankles me, that he appears to be playing footsie so to speak with Plaintiff's attorney. Very cozy deal.
:twisted:
[/INDENT]


Submitted by Gretchen VonDerhoff on Fri, 08/27/2010 - 03:14

Gretchen VonDerhoff

( Posts: 259 | Credits: )


Quote:

Originally Posted by Gretchen VonDerhoff
When exactly are you going before the Judge again? And who, if I might ask, is the judge?
If it is Judge Richard T. Standridge I'm afraid you are in for a rough ride, same as me.:confused:


My judge is Larry Luna in Christian County. I still don't know what this guy is all about. Unless I sat in court for several sessions and observed his behavior with other similar cases, I can't say for certain if there is favoritism.

For Capital One, I went to court for my bench trial on August 17. As usual, I refused to discuss anything with the K&F attorney and sat on the other side of the courtroom waiting for my trial. The attorney then came over to me and asked if I wanted to settle. I said "no" and that I might be filing a Chapter 7. The attorney then said she was going to dismiss the case. We went before the judge and that's what she did, offering no reason for the dismissal. Luna said something about "the plaintiff's reasons are their own" and that the case is dismissed without prejudice, meaning they can re-file it at a later date. I don't know if it was my reference to Chapter 7 that caused her to dismiss it, or because I refused to settle and she didn't feel confident about going forward. I simply don't know.

For Midland, I have a bench trial coming up on September 21. In this case, Midland has produced absolutely nothing to show they own any debt by me. They produced laughable responses to my interrogatories, saying little more than "take our word for it, you owe us money." I have no worries about this one.


Submitted by on Mon, 08/30/2010 - 07:27

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Hmmmm, these predators are all doing nothing more than trolling for an easy buck and imo the judges are enabling them. I bet at least 75 percent haven't enough info to prove you own anybody anything much less them. They just count on some people not showing up and getting default judgments. The judges comment about the plaintiff's reasons are their own is to me just and indication he knows they have nothing and they had nothing when they filed it. IMO they should have to have something to show and attach to the petition or not even be able to file since the courts are so "overburdened" why allow stupid cases like this to go on? The judges (I admit I am very bitter and skeptical now) are enabling this bull just like the judge in my case. Six months and they still show nothing. Between dealing with these people and the banks in the home mortgage debacle I'm fed up with society in general.
Good for you, bet they don't refile on you.

I just got a demand letter from Juniper for a card that they OWE ME MONEY ON and because I wouldn't pay them it went from them owing me like $25 to $250.... this are the worst kind of pond scum there is.


Submitted by Gretchen VonDerhoff on Sun, 09/19/2010 - 01:21

Gretchen VonDerhoff

( Posts: 259 | Credits: )