Weltman Weinburg & Reis

Which office, they have many. I have correspondence from them, please tell me what office and I will forward you the address.

weltman.com/offices/

all the offices are listed at this site.

I have no idea what office it is.

I have received a few calls from a Chicago number, but I'm not at all certain the call is from WW&R.

Have they contacted you often by phone?

I have received a few calls with WW&R showing up on my ID caller, but because of more recent misc. phone calls the number is no longer listed on my ID caller.

Have you tried working with them?
Are they easy to work with?

They tried to get me to settle for an amount that I did not agree with. My account was originally a providian that CACH bought, after I refused to pay CACH, they got WWR to sue me, I am fighting them in court by myself. If you happen to get a summons from them let me know. What type of account is it? They did offer me a payment arrangements, that I would not agree with, I don't agree on the grand total. I offered them $2000 to settle the account out and they refused. I am the one being the jerk now. Win or loose, I won't go down with out a fight. I am waiting on a response to an answer I filed with the courthouse, the balls in their court now. Go to their webpage that I listed above and read about them.

Go to weltman.com/offices/ these guys are collection lawyers.

fed, how long did they have your account before they filed suit?

I read the collection procedures you pointed out in your post on the other thread.
They make it quite obvious they won't take an offer of settlement.

The are collecting on my providian account.

Something very odd occurred tonight.
When my account was in good standing with providian, I set up a payment-alert.
I would receive an alert in my e-mail 6 or 7 days before my payment was due.

It has been well over a year since I received an alert.
Well, an alert popped up in my e-mail tonight alerting me I have a payment due on 3-23.

Why would Providian still have my account in their system.

Can anyone offer an explanation of why I received an alert on an account that has been in collections for over a year.

Strange!!

It is very frustrating to know, Providian offered me settlement for 50% of my balance, but I didn't have the funds to pay them.

Now, my balance is probably 2 thou more and I am stuck with these Attorney's who won't budge an inch.

In my case, I don't have any defense if I am sued by these people.
I owe the debt, but don't have the funds to offer a settlement even if they would consider one.
So, my question is, why go through the ordeal of going to Court if you don't have any defense?
Won't going to Court just run up more Attorney's fees?

You don't have to hire an attorney, educate yourself. Have you been sued yet? Are you from Pa? When was the last time you made a payment on the providian account? If you are from Pa, I have the name of a lawyer I can give you or surf naca.net and find one. WWR did work out payment arrangements through CACH, not providian, they wanted $258 a month, I did not agree, because of the balance they say I owe. If they would have lowered the balance I would have been happy to work with them. Their whole way of handling things has been screwed up. 1. First they sue me, I answer. 2. They offer payment arrangements. 3. I tell them I don't agree with the amount 4. They send me paperwork that says they don't offer payment arrangements (when they did earlier, I didn't ask, they offered). 5. They told me they control the 20 day notice,(No they don't that is the law, if I had not gotten a 10 day notice, they would have won by default, they lied) 6. I answered the court on Feb. 26th, haven't heard anything from WWR yet and have not gotten a court date. By the way,they never validated the debt, I sent DV letters twice, certified, they signed for them, but never validated.

Have you requested debt validation?

On another note, if you do decide to settle with anyone, be sure that they mark your account paid in full, otherwise they will sell the balance off to another collector to harrass you for the balance. and make sure they report paid in full to your credit report. Make sure they validate the debt otherwise you may as well be paying me, they may not have the right to collect this debt and you won't get your money back.

Quote:

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When and if they decide to sue you, you will get served paperwork from the court notifying you that you have been sued. You have 20 days to respond. Your account is not at that point.

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I would call them.

My account has not been paid in over 4 years and they still have information there on it. Do you have the contact information. If not let me know. I do.

Is Providian still doing business?
I thought they sold out to Washington Mutual.


Thanks, I would like the phone number.

Your account has not been paid on in 4-yrs?
What is the SOL in your State?

4 years that is why I am fighting it and the fact they would not accept what I offered.

The number is 1800-282-9142 for Providian/washington mutual collections department.

Thanks fed, I may just tell them I will work with them, but I will not even attempt to try and work with the CA.

If you get a hold of them and they have not sold it yet they probably will work with you. Mine was already sold to Collect America. Goodluck

Do you know if WW&R buys debts?

Not real sure about that, I know they represent jerk companies that do, like CACH aka, Collect America. If you go to ripoff report you may be able to find something on them there, when you go to ripoff report, just put in one of the names, they team up in different places, depending on what part of the county they are in. It's all a money racket.

Fed is right. WW&R seem to primarily be just a collector working for NVLV Funding, Collect America and others.

Sorry, I meant LVNV Funding.

Hey law student,
Are you a good student? LOL, I am being sued by cach, I filed an answer with the prothonotary office in the court in which I am being sued. I requested debt validation twice, only got a response after the second attempt, sent via certified letter. They sent me a copy of the bill, which is not in their name and an affidavit from a guy in texas, simply stating that he owns the debt. I think there should be more to it than that shouldn't there? I mean I can do a statement and have a notary seal it as long as I hold up my right hand and swear to it right? I wanted copies of the contract between CACH and providian. They have not provided it. I want some concrete evidence that they own the debt. What should I consider proper debt validation? They letter that accompanied these items asked me to get back to them on how I plan to proceed. I am thinking about another debt validation letter via certified mail being more specific instead of what they sent me, what are your thoughts?

By the way, I have had several correspondence with this law firm and NEVER gotten a response from the same person twice.

Sorry fedupinpa, I missed your post earlier. First they have to provide concrete evidence that -you- are liable to Cach for the debt (if it has been purchased by them). These companies drag things out because they usually have no proof that you are contractually obligated to them. I personally would file a counter compaint, saying that they continue to fail to give you this concrete proof, but yet still try to collect on it. I would also tell Cach, that during any pre-trial discovery they'll have to come up with some answers, with the interrogatories you will send them,etc. They don't have to come up with itemized bills, etc. but fake affidavits, etc don't cut it either. These affidavits are nothing short of perjury usually. The person says that he has "full first hand knowledge of the account and everything in it", when in fact he knows nothing. This isn't advise, just what I'd do. As I am not yet licensed in California or anyother state, I can't give legal advise, but texaslawyer I'm very sure can.

How can I challenge this affadavit? I know it it bogus, I need to prove it? Is there a way. I thought about another debt validation telling them that their validation was not proper debt validation. I was going to word it like this.

Although I appreciate your attempt to provide debt validation, the affadavit from Mr. Doe and the copy of the bill does not prove to me that your are the owner of this debt. I would like you to enter to me and to the court a legal binding contract between you and the original creditor. You are requesting a large sum of money, I feel the right to request proper validation on this request. please provide concrete legal proof in contract form that you have purchased this debt. yada yada yada

Would something like this work to challenge the affadavit?

Can I give them a time frame in which to provide this information?

It shouldn't be very difficult to challenge the affidavit, because they know it's bogus, and probably wouldn't want it admitted as evidence in court. The affidavit claims that Mr Doe has all the information regarding the account, but they won't send it to you. If they were to file a complaint, you're entitled to know all the "information", except probably for business dealings of the company. If it were me, I'd send a letter saying that all the afffidavit says is that they claim to have a debt with your name on it, and would they please provide all the evidence that they have in which you ever entered into a contractual agreement with them. I have seen that work before. They'll send you anything, like that affidavit hoping you'll take it as some sort of "legal proof". I would also add that if Mr Doe has personal knowledge of all this, why can't they send it to you and properly validate the alleged debt, -- and that they have only validated the fact that they have your name and address. The thing with these debt buyers is this: generally they can't send you anything because they don't have any proofs. Thus the fake affidavits, etc. Hope this helps. As to a time frame, I believe that they can take as long as they like, which is why this business with debt buyers can go on for a long time, except in Texas, where I think they have 30 days or else take it off your CR (but they can later start collections again if they offer some proof). Hope some of this helps.
Law Student
San Francisco, California

I will definately challenge this affadavit, just have to come up with an intelligent way to phrase it. I will do this over the weekend and send it via cerified mail.

Reesie,
Anything new on your end of things?

Yes, and remember caselaw Fields vs. Wilber Law Firm (U.S. Ct of Appeals 7th Circuit 2004) which ruled that the collector must at least tell you how they calculated the ampunt you "owe" and any adittional fees they've tacked on in regard to validation.

I will check that out. In the mean time, Just read some interesting cases on the http://www.pawd.uscourts.gov/ on how local law states, you may enter an affidavit on what a witness plans to testify to. So, I am adding to my letter of 2nd request of proper debt validation that Mr. Doe should be ready to testify to his sworn statement.

That's a good idea.

Does a 7th Circuit (Indiana, Illinois, and Wisconsin)ruling carry over to Pennsylvania? I thought circuit court decisions apply only to the states within the circuit's geographic boundaries.

Morningstar,you are almost correct. Circuit court decisions bear weight in their district.You may use outside district as a reference along with caselaw from your district. Decision outside of a district is not a precedant,but can be used in a brief to support your claim. Just be ready for the opposition to throw it in your face about it not being a controlling factor in this case.

cajun,
Who can legally request a subpeona be served? Do you have to be an attorney?

Fed,if you are going to court pro se,you have the same authority as an attorney to do anything they would just as long as you limit it to that particular case.

ok, will have to look further into it, I found a subpeona request form that you file with the civil court here in pa, thought about subpeona-ing thier affidavit witness.

Once you or them have been served and complaint is filed in court house to start case,then start your discovery process. If you don't bury them on discovery,them summon their witness to trial. Remember for their affidavit to hold up it must be someone with firsthand knowledge of your debt from the time it left original creditor to now. If that cannot be proven,the entire document is hearsay and should be objected to.

I just sent them a copy of thier bogus affidavit, along with another debt validation request, stating to them that this does nothing but verify my address, I want a copy of a legal binding contract for the money they are requesting. I will see what their response is. If they send me bull**** again, I will file the motion to dismiss.

I am not real sure on what discovery involves vs debt validation. How is it different? Do I have to file something with the court? If so, what documentation?

Fed,read your rules of civil procedure and find your rules of evidence in link I pm'd you few days ago. Validation is a game with a little incentive to play with. The only true way to force validation is thru court. If they are reporting wrong on credit,cause of action to sue on fcra.If they are not following fdcpa,cause of action to sue under that act.If they are playing the game fairly,all you can do is continue to protest their useless validation and document everything until they decide to look at court option.

The discovery process in court forces them to cough up what they have by court order or risk that evidence being declared null and void or getting a judge upset enough to levy sanctions. Again find you a block of time daily where you will not be disturbed and read those codes because you will be fighting against a lawyer and a lawyer(Judge) will be deciding your case.

Nothing new fed.

Far as I know, WW&R has not called my phone in a couple of months or sent anything via mail.

I'm quite sure they haven't forgot me though.

I check this thread often, so be sure and keep me updated.

Good luck:

Cajun is absolutely right. Subpoena duces tecum the person who has "first hand knowledge". This subpoena requires them to bring the books and records with them to the trial

Do you think they will actually ever take me to court, they keep play this cat and mouse game. Sometimes I think they just filed the summons to try and get a default judgement. Do you think they will take it to court?

For the most part, they hope you won't show up. Because with very old debts, there's little evidence they could offer. Of course, I've read that some of these sort are not beyond lying in court documents and under oath. You have already received a summons and a court date?

I just received a summons, no court date. I filed an answer. I have requested proper debt validation 3 times, via certified mail. Waiting on a third result. So far they have just sent me a copy of the bill in the original creditors name and an affidavit from some one in Texas stating the I owe the bill. I want something more than that as validation for the amount they are wanting from me.

Another thing, I am dealing with a law firm that they hired here in Pa. I have never, never received a response from the same attorney. If I have 6 replies, it is from six different attorneys, what is up with this. Shouldn't one be handling the case. how can the whole firm have knowledge of my case? this makes me wonder too about thier intentions.

Sounds strange to me too. I would show the summons to an attorney, most offer a free initial consultation. Cajun is very right about discovery. Next time you have the opportunity, mention that if they insist on the "affidavit" being their "validation" of the alleged debt, then you will have no choice but to subpoena the person who has "first hand" knowledge of the debt if it goes to trial, and to produce all evidence of the alleged debt in court, such as how they arrived at the sum, and how they calculated all other charges they tacked on. Never admit to owing even a portion of the debt.

I haven't admitted to any of it, because I never agreed with the amount. They attempted a judgement by consent, I did not sign it, but instead responded with a debt validation letter. The judgement by consent had payment arrangements in it. However the reply to the debt validation letter was that they don't accept payment arrangement, they keep contradicting themselves. I think this is because no single individual works on it. Who ever gets the mail responds to me. It is very strange, indeed.

Got the signature card back on my 3rd request for proper debt validation. Waiting to see what the result of this one will be.