Weltman Weinberg and Reis are so screwed
Date: Wed, 01/02/2008 - 19:56
In July, WW&R sent me the usual collection letter. So a couple weeks later I send them a DV letter CMRRR and don't hear anything back, big shock.
Well, now it's December and I hear from my mom that they are calling her and sent me a letter to my old address in Wisconsin (Havent lived there since 2000). THEY ALREADY know my current address since they got the DV letter from me.
Not only that, but I was looking at my local court website because I wanted to verify a summons. And I noticed that WW&R was suing me in November and using ANOTHER old address that I haven't lived at in 6 years. The status of the suit is 'Notice of No Service'
That's pretty dirty that since they couldn't provide proper validation, they try going after me using old addresses
Contact your court clerks office. Explain to them what is going
Contact your court clerks office. Explain to them what is going on. Also get yourself a attorney and prepare your defense. During discovery ask your attorney to motion to show cause by requesting validation. The most important things that the judge wants to know is do you owe it, do they own the debt and are they legally able to collect on it? Validation answers this question. (Also ask if the attorney that will be representing them is licensed to practice law in your state via state bar association) Since validation is written evidence of what the judge wants to determine anyway the judge will probably approve the discovery request. WW&R will not be able to fully validate and therefore fail to show cause at which point your attorney can motion to dismiss (hopefully with prejudice)
Also mention their underhanded attempt to get a default judgment, best to trick them into disclosing your current address before calling them on it. Have your attorney ask, what is my clients full mailing address? OK, so why did you mail service to this address? You didn't? Why is it in the clerks file then? There you get proof in court of unethical practice of law. From there you could file complaints also with the FTC, their state attorney general's office and their state bar association.
Basically what they tried to do was skirt your most basic US hum
Basically what they tried to do was skirt your most basic US human right. "No person shall be deprived of life, liberty, or personal property without due process" By attempting to leave you out of the suit to get a default judgment they are trying to deny you your right to defend yourself in due process. Ask your attorney if it could be construed as a human rights violation as well.
Go online and read the Fair Debt Collection Protection Act (I th
Go online and read the Fair Debt Collection Protection Act (I think that's what it's called). You will be amazed at how many collection companies have no clue that they are in direct violation of your rights. You may find something there that you can use, at the very least, to prove your point and get them - as well as anyone else - off your back.
