Weltman Weinburg & Reis

I'm dealing with them too,they are collecting for LVNV also. I sent them a DV letter, along with copies of the many others I have sent to the different LVNV names,with no response. Fedup-how old is your debt, and when was your last payment?..Karen

did they serve a summons on you, they did me but with no court date. My debt is with providian, it is about 4-5 years old, depending on where you look, can't get a straight answer. Last payment had to be over 4 years ago, I have been at this job for 3 years and 2 months and I have not made a payment while working this present job. Would have been long before I started this job. I sent providian a letter for activity and they will not discuss the account with me, they said they charged it off and it is not their concern. how long have you been dealing with them?

Fedup- I have been dealing with WW&R for about 2 months, LVNV for over a year! I got a "validation" from them today-now I am more confused than ever! They sent 2 pages of computer generated paper. On one is a reporting date of 9-06 at the top, but at the bottom under transactions-it says a payment was made in December 06! No other payments listed,except one in 2004. That's all that was on the "validation", and they typed Sears and their account number at the top. I knwo this isn't full validation-but don't know what to do next? Send a follow up that this wasn't a full validation? I certainly don't want to get a judgement! Been dealing with LVNV and their many agencies and DV letter, after DV letter for over a year. This account was opened in 1984-haven't charged anything in 13-15 years, and stupidly have been making payments to sears all these years on a 800 dollar cc limit,I believe. They say we owe 3,800 dollars STILL!!!..KAren

Karen,
WWR has been playing this debt validation game with me for 5 months now and quite frankly I am getting tired of their games. They sent me a copy of my bill with providians name on it and an affidavit from some fool in Texas, stating that "to the best of his knowledge" the statement is true. They keep avoiding my real request. I don't know how you feel about it, but if they purchased this debt they should have a legal binding bill of sale or contract that would hold up in court to give me a copy of. They want $2800 off me, even if they wanted $2, I would make them present this information to me. See the way I see it, if I purchased something from you and I stopped paying, you can sue me, but you better show contracted proof that I agreed to the transaction. They haven't shown me anything that I consider proper validation on this debt. I am not gonna pay them just because they say they own it and then 3 years down the road some other ca start harrassing me for the same thing. They issued me a summons, no court date. This was back in December before christmas. This has been my experience and my thoughts on the situation. What do you think?

I'm with you on that!! I don't even know WHO really bought this! I have sent probably 6-8 DV letters, mayber more,to diferent agencies of LVNV, none reponded, or just sent something saying I owed them. WWR cannot produce the original CC copy, is what I am thinking.There is no payment history, nothing,just saying here are a couple of dates and you owe us!!..KAren

[color=Red][/color]you said you got a summons 5 months ago with no date on it?

yeah, I had a note on my door, apparently the sheriff was here while I was at work, I went the next day to the sheriffs office and picked it up. I called the courthouse and they verified that it is real. Well I had 20 days to answer, filed my answer with the court and mailed a copy to WWR. It is up to them to proceed. If they don't provide me with proper debt validation this time, I am filing a motion to dismiss for lack of evidence. I will put everything I have and present it to the court. Certified letters, their answers, which contradict the last one sent, time and time again. I have had 7 or 8 different answers from 7 or 8 different lawyers from that firm. I have never recieved correspondence twice from the same one. They told me I could do payments and then took that option away and said they don't do that once I started questioning them. It just goes on and on and on with these guys.

Fed,first off congrats on hall of fame entry.You are proceeding at a good pace with them.Now that the court has received your answer,there are two avenues that we previously discussed. Motion to dismiss with prejudice or start discovery. If you go for dismiss,make sure it is with prejudice. By adding that if you prove your moton,they cannot ever sue you again until the ownership of the debt changes hands.

Thanks cajun, been busting my tail trying to get help and give help, the posts just came so quickly. I am waiting on an answer from wwr on my 3rd validation request, then I will be contacting you about the dismissal part. It has been 5 months and no court date, no forward motion at all since they served the summons, is this normal?

Fed, after five months I would question the validity of their claim. Review the rules of civil procedure I sent you to look for any provisions to limitations on amount of time between start of a suit to the first hearing in front of a judge.

I had the notice on my door on 12/19/2006 and went to the sheriffs office on 12/20/2006 and signed for it. I still have no hearing date. I found this strange also. It is definately filed with the prothonotaries office, I don't know if they have to do another step or if the court sets up a date. Not real sure how this works.

They will sue..... I got a summons for court for an old discover card for 2700 and had to pay the whole thing and then they sent me a satisfaction release of claims.

Did you show up for court Robin? How long did it take to go to court from the original summons date?

Robin,
I have requested proper debt validation from them via certified mail 3 times, they sent me items that don't constitute ownership by Cach the company they are representing. Were they suing you for the original creditor or for a collection agency? They keep sending me documents that thier company produced, not a copy of the contract between thier client and the original creditor. I have also asked them to justify the amount they are suing me for and have gotten no result there. Were they suing you for an original creditor? If not, what proof did they use to justify that they owned the debt? Did you show up for court and did you take an attorney to represent you?
I would also be interested in knowing how long it took them to take you to court after you recieved the first summons, I got it about 5 months ago and no court date.
I would appreciate any light you could shed on this. thanks

I got the summons in January and because I knew that I did own the debt from Discover Card -who they were representing - I called Weltman and asked if I paid in full would they consider not pursing. They agreed and I just paid them in full and then they sent the Statement Release of Claims and they did not get a judgment on me. It usually takes 2 or 3 months to get a court date but if you owe the debt just pay it and be done with it. Try and set up payments with them. They are a legit law firm. I have a friend who works for an attorney and she looked the firm up for me. If they take you to court they will add there fees plus what you owe with the creditor and that will be ten times more so that is why I just paid them....... My friend said either pay it or a judgment will be on you.....

Robin, there's more to fedup's story than pay/don't pay. Also, not everyone has the cash on hand (or even access to it) to PIF a good sized balance due.

I never said it was easy to get your hands on money, i just got it out of my 401k because I did not want a judgment put on me. If you know you owe the debt just set up payments. I was going to but I had extra in my 401k. I have some others payments that I have owed in the past and I am now making payments on them. You can ask for verification but sometimes they still pursue even if they do not give it to you and you spend all this time in court and incur attorney fees and it is just simple to make payments. You can look on your credit report and see who owns the debt and that is who you need to pay. I have been in debt and now if you pay a little a long it will go away......

And there are some collection agencies that are not willing to settle for the amount of money a person is able to afford to pay on a monthly basis. What the creditor/debt owner views as reasonable may not only be unreasonable to the debtor, but not even possible. I am happy for you (really, I'm not being facetious), happy that you had some assets you could tap into to pay off a debt before it turned into a judgement. The reality is simply that not everyone has the same resources you do.

Robin,
It is a providian card that was turned purchased by a collection agency. All I am asking them for is debt validation. I want to see the contract under which they purchased the debt. I don't want to pay this and then 3 years down the road, some other collection agency come along and try to collect on it again. It is I have never gotten a response fromt the same attorney twice from this firm, one says they will set up payment arrangements, the next says they want the whole amount, etc, etc. I offered them $2000 back in January, they offered me payments, then said they wanted the whole $2700 and some change in the full amount. Can't get a concrete number to work with. Do you see my confusion here? I appreciate your response. Do you see where I am coming from. I just paid off one old capital one debt with a collection agency and have never gotten a paid in full, my fear is that someone else will try to collect on it down the road again. I have heard of this happening.

Fedupinpa,
Try calling the original credit and ask them who bought it out. They should be able to tell you. I understand what you are saying. If they do not validate the debt they cannot collect on it. Make sure that you do everything certified mail for your records when you are asking them to validate debt. Discover Card called and told me that they had turned it over to Weltman and that is why I just paid it instead of getting the judgment. I talked with Frankie at Weltman and she is super nice and she will help you in any way she can.

Just ask for Frankie and she will help you

Robin,sound like your stuff was easy to finalize. Fed has chosen the litigation route due to their lack of validation of debt & their general lack of professionalism. Fed,review your civil procedures for the time limits I mentioned and proper formatting for a motion to dismiss with prejudice.

Cajun is right. Sounds like Weltman was collecting for the original creditor. fedup has an alleged debt which was purchased, and Weltman is trying to collect, but as yet can't produce any proof that fedup has any contractual obligation to the debt.

Robin,
I appreciate all your input. What state are you from? I am just curious to see if the civil procedure is the same. I called providian, and wrote them a letter, with little or no response to my request. Cach LLC are the ones that have been on my cr with this account. However, they have not provided the proof that they legally own it. If they did purchase it for pennies on a dollar, I feel they should cut me some kind of settlement here. They are not budging. My original credit line was $2000, they want $27??, I am going to do the research on the civil law this weekend and call the prothonotary on monday. Still have not received a reply on my third request for debt validation. Should have it this week. Thanks for everyones input, I appreciate it.

Fedup-I received a response to my DV letter from WWR,sort of!! All they sent was a computer generated page with a payment in 2004 and one in 2006!! Don't know what happened to the previous years dating back to 1984 and between!! Guess I'll send another request for Full validation! Good Luck to you!!..KAren

Karen,
There is not written hard rule on what constitutes debt validation. Sure wish the fdcpa would clarify it more and in more detail. A copy of the bill is what they initially sent me. It still have the original creditor on it. I wanted to see something legally binding that Cach now owns it. If you sold me a car, we would do a contract, of some type that would make the car legally yours, even a bill of sale if the car was junk. I just don't see how they can say that a copy of a bill is legit. My fear is that they collect something that is not theirs and then some other collection agency will try to pick it up and collect on it again.

I know how you feel! They thing they sent me was something they apparently computer generated-just one payment for 2004, and one for 2006! I could do that with my own computer!I'm sending them another DV letter stating that this is not copies from the OC, and not a full payment history,no signed contract,etc. Let me know what happens with you!..Karen

I just filed a dispute with the cr on them, I would like to see what they provide them for ownership, at least I will have an idea of what is acceptable.

They've been sued many times for violations of the fdcpa, I read a case just yesterday.

This is so frustrating, they won't give me proper validation, have tried 3 times, still waiting on the third response. I am going to call the prothonotary office at my local courthouse and see what the next move is. I don't know if there is a time frame in which they have to move forward in Pa or not. I don't see how they could just file a lawsuit and not move forward. How long can it lay at the courthouse, I hate having this over my head. Yet I don't want to call them and ask them what their intentions are either. Wish I knew how long it could legally lay there with no action before it can be dismissed.

Fedup, Here is a suggestion dont know if it will work or not but its worth a try. Contact Budd Hibbs and see what he has to say about these people. Something that I wish I would have done. They were the ones that told my child they were going to put me in jail. I know they are on his list and he may talk to you. KYSIDE38

Letter of Validation and Cease and Desist letter in one. Send this to any collection company via certified mail.

Quote:

Anthony,
I got an actual court summons from these guys, it is filed at my local courthouse.

fedupinpa, I tried to tell you they would do that. They did with me!!! Try and call them and try to work out a payment. They will work with you. They did with me.......

No proof of owning debt,why would anyone want to pay it!If they can show proof,then we could talk about settlement.

They would not send it to court if they did not have proof and all you have to do is pull your credit report to see if you have had that credit card before.

Cajun is right. The suit is a tactic itself. In discovery, I would send them a demand for all the proofs they have.

Robin,
The problem is the amount that they want and they won't budge on the outrageous amount they want.

They have not proven they own it, I don't want to pay one company and they don't own it and then have another come back 2-5 years from now and say they want money too.

But they are a legit firm. I have a friend who works for an attorney and she looked them up for me. Call the original creditor and ask them who they sent it to to collect from. If you don't show up in court they will take a judgment out and then you will have to pay it off before you buy a house, just try and work something out with them.... I guess I was lucky and got a person that would help me. I have learned the hard way if you owe try and work out some type of agreement that will work for you and send payments.

I know what you are saying Robin, I wish they would come up with a descent settlement amount but for some reason they are not offering that.