Howard Lee Schiff send me summons. What should I do?

No matter what you do, respond. If you don't they will get a default judgment. Go to court showing the validation letter you sent to law office of Howard Lee Schiff and the return receipt for it. Ask for supporting documents that proves their claim.

I have yet to goto court so I don't know exactly how it works, but if I was in your situation, that is what I would do.

Definitely respond. Even if you go to court, you have them on a $1,000 fdcpa violation - Section 809(b).

b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Them filing a lawsuit against is considered collection activity, and as such is prohibited as mentioned above.

That is true! You could counter sue.

Unfortunately I do not have a receipt. So I guess it would be my word against theirs. I have to settle this account anyway, and it is not that big, yet it still bothers me that they just ignored my request when we all know they received it. I've got another month to respond so we'll see how it goes, I guess, when I call to settle. Thank you for responding.

Send a second letter. In it, mention that you sent a letter previously and no response was received. Include a copy of the initial letter, and send it CMRRR.

This way, you'll have proof that you sent a letter that they didn't respond to, or at the very least, you'll have proof that they received the second validation letter. So, even if it goes to court and they claim they never got the letter the first time, they can't say they didn't get the second letter which had the first letter attached, because they signed for it.

That's a good idea. Being that it is not in the specified 30-days from the original contact isn't it a mute point? They don't have to respond. I feel my options are:

1. Do as you recommended and see where it goes...an answer is due by Jan 3 2008;

2. Answer the complaint as a counter claim for $1000 per a violation of the fdcpa;

3. Contact there rodents and attempt to settle

I will have to do 3 eventually. And 1 and 2 make me nervous because I do not want a judgement by these clowns.

Ugh! I hate being in this position. It's hopeless.

hazel-I feel for you here...hang in there!

Definitely answer the summons. As far as your counter-suit, it would be tough as your have no evidence (other than a copy of a letter) of when it was mailed and recieved by the law office.

Nope because your initial letter was within the 30 days. Your second letter can be viewed as a kind guesture to follow up to the first - not just an attempt to get a signature, even though that's what it is.

If you manage to send the letter by the end of this month, you'll have enough time for their 30-day response time, and to file an answer in time.

Here's a little something that might give you hope: I once had an account on my report for at least a year. I know what it's for, but I never received any communication. I ignored it for all of last year, and most of this year. In May I sent a DV to the CA listed, they didn't respond, so I sent another. Again, they didn't respond so I got the BBB involved and let them know they were violating Federal and State laws(they're based on TX). After a 5 or so month battle, they deleted their TL off my CR. I waited a whole year and a half before I sent the first DV, and still got what I wanted.

Questions though: Is the debt really yours, and how much are they saying you owe?

A consumer should always send demands for verification of a consumer debt by Cert/RRR. Period. It is well worth the few bucks.

A consumer who exercises his or her verification rights within 30 days from the receipt of the first letter enjoys a break from ALL collection activity including lawsuits and credit reporting until the DC provides the verification of the debt. To do otherwise violates the fdcpa.

A consumer should ALWAYS respond to a consumer debt lawsuit or arbitration claim by filing an Answer or Response. Contact an attorney for help.

Quote:

It would be in a similar with the same way as trying to prove that a letter claimed to be sent CMRRR is the same letter that corresponds with the green slip. The DC could say that they signed for a letter, but it wasn't the same one that's being claimed, and either fabricate one or find another letter sent to them and say that's the letter they signed for. The only difference between both situations is that one of the provides a return receipt as proof that a letter was received, and one doesn't. This assuming that the Certified mailing number isn't typed onto the bottom of the letter, which is something I type on all my letters.

There's always the chance of the judge siding with the debtor.

Guest...thats interesting. SO the DC could really play dirty and fabricate correspondence if they wanted to and flat out lie.

I like the idea of typing the Cert Recipt # at the bottom of the letter.

Volleyballmom - that's why I mentioned sending a second letter, because they'll try things like that. Earlier this year I sent a DV letter to a CA CMRRR, they never validated but kept reporting it, so I filed a complaint with the BBB. They sent me a "validation" letter (really just a bill to collect) 3 months later, and told the BBB that I didn't send the letter until the month before they sent the validation, to make it look like they complied with the timeline - even though they signed for my letter 3 months prior. Eventually, they deleted their TL from my account, but I digress. That just shows how DCs will act - even with a green slip, and to the BBB.

Ok, well it seems the popular opinion is to send a second letter. Now that I have a local address...the one I sent the original letter to was in another State. So, I will definatley do that. I was going to try and settle this week, as it is the end of the month and I hear collection agencies are more apt to settle near the end of the month for commission purposes. But I suppose I can do it next month as I have until 1/3 to respond with a 1/18 court date.

Regarding the response, the following are my options per the summons:

1. I disagree with the claim of the plaintiffs because:

2. I admit I owe the claim and judgement may enter against me. I need more time to pay for the following reason:

3. This is my counterclaim. The Plaintiff owes me the following sum for the following reason. By filing this counterclaim I waive my right to appeal on the counterclaim only.

I am guessing that I should go with 1? Also, I have complaint forms for Attorney General's office and BBB. Should I use them?

Thank you all for all your comments. Very, very helpful.

Oh, and yes the debt is technically mine (from my ex-wife). It is small...$1700.

I couldn't tell you which option to best choose, only because I'm not an attorney, but as far as the complaint letters, I say send them. You really have nothing to lose, and the BBB usually gets things taken care of.

It's fine that the debt is yours...they still have to validate it. I have one that's mine for $1500, that I'm requesting validation on. One DC folded on it, another is trying to collect now and I DVed them and they said they requested the paperwork. If they come back with the proof that it's yours, see if you can settle out of court. That's what I plan on doing.

Yes, that is what I plan on doing. Like I said, I have to settle it anyway, however I guess I feel I have to bring it up that this company completely ignored my request.

I posted an update on this here:

http://www.debtconsolidationcare.com/collection-agencies/about39366.html

had a judegment to pay $50.00 amonth got hurt in December required surgery out of work for 6 weeks then back to work just part time until the the md release just started back to work full time I was un able to make payments call the courts like I was told to, thought I was all set to beginn paying again in May now I just recieced s copy of the letterr sent to to asking them to hold me in contempt what can I do

They will probably not accept that request. You have called the courts and done what you were supposed to do. I would call the court and double check on it.

I do have a judgement against me.I offered to pay 3/4 they refused they want it all.I want to send them 50.00 a month till cleared up how should I send the money ..Money order and make coppies of all the payments that I send.Please advise
liz

I just recieved the most unofficial, unprofessional looking letter from Howard Lee Schiff. It simply says they need to talk to me. I have recieved no calls or messages from these people. The last time I recieved a letter of a similar style it turned out to be a scam. From what I'm seen these people are legit, though vultures and unreasonable. Letter arrived about 1 hour ago but I am calling my lawyer immediately. Any other suggestions? I am guessing this is for my ex-husbands cc. I have a signed contract with my ex that he will pay off the card as part of our divorce agreement, and keep the account in good standing. He has done neither, should I have my lawyer direct their collection persuit to my ex? I have a HUGE problem paying off a debt my ex's new wife ran up!!! Should I sue my ex?