I'm going up against Weltman, Weinberg and Reis tomorrow...

Was the account out of SOL? If so, that could have been your defense and you would have saved yourself $750

Isn't being friends with the judge a conflict of interest? If the attorney for the collection agency, or someone in the collection agency was friends, I am sure you wouldn't be happy? I know I wouldn't be!

No, it is still in SOL and also I am not exactly friends with him I just know his name and he mine when we see each other. I live in a very small town. I am sure I will end up having to pay it but I am not going to make it easy for them. I just hate to think that I am paying for the same thing all over again.

As far as the lawyer goes, I had no choice, I don't qualify for any help and there are no consumer attorneys near me.

First of all if the judge is a friend of yours he's legally bound to recuse himself from the case due to conflict of interest. You can definitely count of WW&R showing up. For your convenience below is their listing in Martindale Hubbell which is a directionary most reputable law firms advertise in. Good Luck!

He is NOT a friend of mine, I know him when I see him just like he knows me when he sees me to say hello. I know nothing else about him. Also, WWR is not a reputable law firm and how do you know they always show up?

It is because you yourself wrote "I am friends with the judge" that we assumed you meant that he was a friend of yours?

Sorry, I should have written that a little more clearer. I only know him when I see him.

so how did court go today?

The judge denied their motion for sum. judgment. He did not agree with the copies of the statements with my name and the standard boilerplate affidavit. WWR sent a lawyer that was totally unprepared. All he could do was stand there and scratch his head and agree with what the judge said!
He did not have a clue what was going on. The judge did tell my lawyer that he should consider filing his own summary judgement.
They were counting on me not showing up and they got caught with their pants down. Now the ball is back in their court and unless they can come up with something with my signature on it to satisfy the judge, they are SOL.

I shall go down fighting!

that is how alot of these places seemingly operate.hope you don't show and get a default judgement.the lesson here is show up,and watch them squrim.

That's why I went even though I was scared as a cat! I am interested to see if they reply to my lawyer now.

what was this debt for and what state are you in?

My court date was with WW&R. I had a lawyer, too and she tried everything she could to get them to do discovery and they would not budge. Same with me, their local attorney was unprepared and clearly had to take the bar several times. I kind of got a little joy out of knowing that they were having to pay him and they weren't going to get squat from me.

I recieved a letter from WWR stating I have 20 days to answer. I picked the letter up certified 12/24 even though it was post marked 12/9. The court clerk said I have 20 days from the time of signature, is that correct? Also how do I fill out the answer as to ask them for proff of signature? The creditor is Discover bank. They are requesting 7K. I know it is still in SOL.

Does anyone have a sample answer I could use to create mine.

Thanks

I received a summons & complaint today for a debt with a credit card company from the same company as above (Weltman, Weinberg & Reis Co. The summons was handed off in person; I signed for it. So, I have 21 days from today to file a written answer with the court. I am not sure what to do.

To both of the above.

You will need to file an answer with the court. If there is no documentation attached to the summons claiming the account is yours, such as a copy of a signed contract, then you need to answer that you can neither confirm nor deny the allegations from the defendant due to a lack of documentation.

You will then need to make 3 copies. One for you, one for the court and one to send to WW&R. Enclose with this a certificate of service saying who you mailed it to, the date you mailed it, how you mailed it and where you mailed it to. Go to the court house and give them a copy of your answer, most likely they can date stamp it for proof of delivery. Then send the copy to WW&R certified mail return receipt requested. You will need to sign this but I recommend to just initial it so as they can't forge your signature on something.

That is just the basics and after that is a waiting game. Next to come to you after you file an answer is most likely interrogatories, request for production of documents and request for admissions.

So i went back through my paper work and I sent WW&R a DV letter on 12/21/07. there was no response to this. They just filed suit. Can I use this in my answer?

If you sent a DV letter to them in the 30 day window, then yes you can use that in your answer as a counter-claim. Following the first letter you ever got from WW&R if you sent them a DV letter within 30 days after getting it,you can file a counter-claim. If it was after the 30 days then there is no violation of the FDCPA and no counter-suit.

For not validating the debt and continuing collection activity is a $1,000 fine under the FDCPA and any state debt collection laws you may have, plus other damages you may have suffered.

Just a note, some states,such as mine, the defendant must state a counter-claim in their answer or they will be barred from bringing a counter-claim in any other action, UNLESS it is from error or a few other reasons.

So I filed my answer today. Now what?

Just been served notice by Weltman, Weinberg & Reis Co representing Discover Card , last statement attached but no application signiture. Can I still try negotiate debt settlement with Discover or reply to W,W&R. I am self-employed with LLC that is barely scaping by and can not lose it.

you might just go on to court and deny the debt but as you will see over and over again here, you must go to court, otherwise they will get a default judgment against you.?? Usually, the creditor will not negotiate once it goes to litigation but that's just my opinion

This "attorney" office has been hounding me because their client, Northland group aka LNVL ...whatever their name contacting them. I asked Northland to validate debt, which they never did and a couple of months later this office writes wanting to "settle". I wrote another validation letter to them asking that their client validate debt (certified mail). Isn't this?? a violation on their part because the "client" never validated anything?

i got a letter from the same law firm weltman weinberg& reis thay did not want to work with me over a credit card debt instead thay showed their un perfeshional duties

I had dealings with them also, and they don't play nice! Be sure and document everything in writing, take notes of phone calls, etc. I have a folder full of letters dealing with them and LVNV and their many dba's.

You want to make sure that they are the ones that are supposed to be collecting on your debt, that the amount is correct, etc. This is where the Debt Validation letter comes in..karen

I just went to arbitration with them and the panel sided with me. They never provided validation and claimed during the hearing that they did, when asked for proof that they sent it, none was provided. My recomendation is to keep on top of the case, never miss a court or arbitration date and if you are not given validation of the debt answer all the questions asked by WW&R with "i do not recall" do not be their best witness by talking too much, you don't want them to know your life story. Make sure the panel knows how many times you have asked for the documents, also, if you can file a Motion to Compel Discovery" that will give them a dead line and if that dead line is not met, there will be no money for the scum bags, also, do not let them intimidate you into paying or into a setlement, no validation, no money for you :) good luck!

Please please be aware that in Montgomery County PA Attorney Michael Dougherty from WW&R places an entry of appearance for arbitration, but instead of him showing up for the hearing or the arbitration Mr. Benjamin Lawrence is the one that shows up for the plaintiff. I am not 100% if this is aceptable in court or at arbitration, i will talk to my lawyer and will let you know so that this can be addressed at your arbitration if necessary.