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Do Weltman, Weinberg and Reis Co have any offices in MD?

Submitted by on Fri, 02/15/2008 - 05:00
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Hi, two questions for you great people.

First of all, am I correct that if I am to be served with papers, the law firm which is doing so must have offices in my state (I am in MD)?

My HR dept received a phone call yesterday regarding me. It was from a "Mr. Azena" who said I should call "Mr. Thrower" at the Litigation Dept at WWR Law Firm immediately, they were going to serve me w/papers and wanted to make arrangements to do so out of my office. The phone number they left is 714-380-5874, I looked this number up via the 'net and didn't come up with anything. Additionally, the law firm does not have any offices in CA so that is strange too. I did find out the law firm is "Weltman, Weinberg & Reis Co., L.P.A." and they do not have any offices in the state of MD.

I am embarrassed about the call at work but will send a cease and desist letter to these bozos ASAP to not call me at work. I also asked my HR dept not to accept anymore calls from this firm. I'm not sure if they will comply with my request though.

Additionally, I have received absolutely no correspondence from these people although they did leave a threatening msg on my home voice mail last week stating that they were going to serve me also. Aren't they supposed to provide me with a letter after making the initial phone call? I deleted the phone message and did not call them back since I have had no correspondence with them.

Any info is appreciated, thank you!


I checked all attorneys and none are licensed in State of MD. So...if anyone can give me advice on how to proceed, I'd appreciate it.

Sounds like I have potential case since collection agency lied to my HR dept., disclosed my personal information and lied about serving papers on me.

Advice anyone?

Thanks in advance for any and all assistance, it is appreciated.


Submitted by on Fri, 02/15/2008 - 06:37

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There is a provision in each state law regarding consumer protection that states something in the realm of:

Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:
(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;
(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.


Submitted by JCEMT on Fri, 02/15/2008 - 06:51

JCEMT

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MY HUSBAND'S EMPLOYER ALSO RECEIVED A CALL FROM THIS
"MR. THROWER" STATING TO THEM THAT MY HUSBAND WAS GOING TO BE SERVED ON A CERTAIN DAY. WE ALSO LIVE IN MARYLAND. AM I CORRECT IN UNDERSTANDING THAT THEY ARE NOT LICENSED IN THE STATE OF MARYLAND AND THAT THEY CANNOT "SERVE" MY HUSBAND AT HIS EMPLOYMENT?? WE HAVE NEVER RECEIVED ANY DOCUMENTATION FROM THIS COMPANY AND MY HUSBAND IS JUST SO EMBARRASSED WANTS TO PAY THIS MAN TO MAKE IT GO AWAY. ANY ADVICE IS GREATLY APPRECIATED.


Submitted by on Mon, 03/17/2008 - 11:04

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Guest--thats EXACTLY why shoddy companies like this one use these tactics--because all they care about is getting the money. If they embarass you enough, you will want to pay them just to make it stop. DO NOT PAY THEM MONEY LIKE THIS.
If they have a legitimate debt of yours, then they can handle it legitimately. There should be no reason for this kind of deception if they really have your debt, because the law allows for several honest alternatives that they could have used.
First, you need to contact the court clerks office in your county. You need to do this to make sure that no one has actually filed a case against you. It isnt unheard of for someone to do that, especially if they file in small claims court, where no attorney is required.
OK, now, let's address this company itself. Here is a list of their partners, taken from their website:
??
Check each of those names to ensure that not one single one of them is licensed in your state, if you have not already. All they would need is one attorney to be licensed there.
If you find that none of them are licensed there, your first move should be to immediately contact the Ohio State bar Association and inform them that this "legal professional association" is using unethical practices, trying to operate in a state where they are not licensed to practice.
However, you probably wont get that far doing that, because they are not truly acting as attorneys at this point. They are acting as debt collectors. What they have done is claimed that they are trying to have you served with papers, which any plaintiff would have to do. That is not practicing law. It is claiming to have you served in regards to a lawsuit for the purpose of debt collection. you could be a plaintiff yourself today, and if you sued someone, you would have to ensure that they were served a summons as well. So, I would spend more time focusing on whether or not this company is licensed by your state to operate there as a debt collector. If they are not licensed to do business there, then thats where you have your first catch, so to speak. For this, you would check in one of two places, or both--secretary of state's office, or if your state has a banking commission or financial institutions commission in the government. SoS would be first, and then see if there are any laws relating to debt collectors with the banking commission.
OK, now, on to their violations of federal law. First, it is prohibited by the fdcpa to disclose any information about the purpose of their call to a third party. So, if they called your HR department at work and specifically said that they were trying to locate you to have you served papers, then they violated the FDCPA's statute concerning third party contact. The ONE AND ONLY permissable purpose for a debt collector to contact a third party at this point is to try to learn your location. Guest, they called your home BEFORE they did that, so they obviously knew your location already. I hope you saved that voicemail message, but if not the phone company records will still show that they called your house....and that would prove well enough that they already knew where to find you. Here is something else--in MD, service by certified mail is allowed, so since they already knew your whereabouts well enough to call your house, if they really needed to serve you, they would have just sent it certified mail. Dont let these people lie their way into your pockets, people!
To the first guest, yes, within five days of initial communication, they are required by the FDCPA to send you a notice of your rights. Believe it or not, that message they left at your house last week was their initial communication, under the law. So, thats now two violations of the FDCPA. Each one is worth $1000 in your pocket, plus any actual damages.
OK, now, here is how to make this stop, at least for the moment. You need to send WWR a letter, by certified mail return receipt requested, requesting that they validate the debt. You also need to state in this letter that they are not to communicate with you concerning this matter using ANY MEANS other than mail. Tell them that no communication is to take place over the telephone, at any phone number, regarding this matter. This includes your work, home, and cell phone numbers.
I would also go as far as to inform them that you already have them on three violations of federal law: initiating unlawful third party contact, disclosure of private information to that third party, and failure to provide you with disclosure of your rights within 5 days of initial communication. Tell them that these violations are well-documented and any further illegal tactics on their part will result in you suing them for repeatedly failing to abide by the Fair Debt Collection Practices Act. this will NOT, repeat, NOT, make the debt go away. what it WILL do, however, is force them to either get sued for multiple violations, or follow the law and stop harassing you and using deceptive tactics. Oh, thats anotehr violation--if they are not actually trying to have you served, then they lied about their course of action. This is specifically prohibited by the FDCPA as well. In order to find this out, I would check with your county's court clerk's office to see if anyone has filed a complaint against you there. If no complaint has been filed, then they lied, there's another $1000 in your pocket.
Sorry to make this so long, but this is a lot of ground to cover. If anyone wants more details or has other questions, dont be afraid to ask me. Above all, DONT PANIC....thats what these idiots are counting on!


Submitted by skydivr7673 on Mon, 03/17/2008 - 12:59

skydivr7673

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I just want to say thank you because even though I am in SC, I have had the same things said and done to me. Calling my work, telling my boss they were going to serve me papers if I didn't call back within 30 min., called my home, threatened my Mom and Dad, they even called and told me they were the PostMaster and I needed to call them back. (It was a cell phone number.) They are starting to use local numbers too somehow. They also called saying they were Wells Fargo and I needed to call them about an outstanding balance. The office they said they were calling from doesn't even exist! Plus I've never had credit with Wells Fargo. I had an accout with WFS and that's what they though was Wells Fargo! That means they have seen my credit report, so I put LifeLock on it in Jan. Anyway, I read all the notes and I am going to do my research. Thanks so much for all the info!!! They have been calling me once a week, with the threatening calls ever since then. "he's so disappointed that I haven't called". 3 months of this, gets very old. Oh, and when I mentioned I had an attny, because at first I fell for it, I was talking about my divorce attny but he didn't know that, he starting yelling at me and told me it was illegal for me not to tell him who my attny was. They are crazy!


Submitted by on Fri, 03/27/2009 - 21:01

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They are very very nasty on the phone. (even when you call them to continue the payment plan that they have set up after judgement has been obtained) They are the firm that would not negotiate with my settlement company and are pretty relentless about getting payments. One of the staff actually scolded me for paying a settlement company advised me to put off paying my federal, state, and local taxes before them. He was very rude and nasty. I know they have a job to do but there was no call for way that I was spoken to. I will never forget this experience and it has taught me a lesson.


Submitted by on Tue, 04/14/2009 - 14:36

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