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Legal Recovery Law Offices

Submitted by rbh97 on Thu, 02/14/2008 - 14:35
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I just got a call from these people earlier today saying that they are a law office representing Capital One and that they are looking for $1,200.00. I told them I intend to pay the bill in full sometime in the future, but at this time was paying other debt and didn't have the money. The person on the other end of the phone said that if I couldn't commit to a a payment plan today, that they would garnish my wages to a tune of 25% of my net pay until the debt is paid. I got back to work form lunch and my HR guy tells me someone had called to verify my employment. Who are these people and is this legal?

TIA

Rich


I do know that first of all they have to sue you and get a court order to have your wages garnished, and it is usually 25% of your pay check, but I also think that depends on your location, but I'm not sure about that. Someone will be along to help you soon, just hang in there. I've never personally dealt with this company, but from what I have read on Bud Hibbs website looks like they make a habit of violating the fdcpa laws (based on what I read there, not from personal experience).


Submitted by Shazzers on Thu, 02/14/2008 - 15:21

Shazzers

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Sounds like Legal Recovery Services, they can't garnish your paycheck without a judgment against you, which means that they would have to sue you and you would have to loose.

Start out by sending them a debt validation letter (you can find a good template in my signature) send it certified mail, return receipt requested. That way they have produce validation before pursuing any further collection activity. If they sue you before validating you can countersue for 1k for fdcpa violations, and I can give you a almost surefire method of getting it dismissed if it goes there.

For now just send the DV. Also they are a collection agency with a attorney specializing in debt collection running it.


Submitted by JCEMT on Thu, 02/14/2008 - 15:23

JCEMT

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Thanks JCEMT for your help. I will send the DV letter this weekend. Like I say I intend to settle this account, but I only have so much money. My credit reports are history at this point. Most of this debt was not mine, but from a relationship gone bad. I am legally responsible to pay it, so I will. I'm just real suspicious of all the crooks out there and I don't want to pay the same debt two or three times.


Submitted by rbh97 on Thu, 02/14/2008 - 17:00

rbh97

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JCEMT. Legal Recovery Law Offices' president is Mark Walsh Esq according to their website. I checked the CA State Bar and he is "valid" and been practicing since 2000. Sounds like he's been involved in some shady deals though. The office I talked to was in San Diego, CA though another office is mentioned in Costa Mesa, CA.


Submitted by rbh97 on Fri, 02/15/2008 - 08:58

rbh97

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Update. I sent the DV letter went out on the 15th, and a delivery attempt was made on the 16th (Saturday). The office was closed so they supposedly left a notice. It's now the 22nd and the letter is still sitting at the post office. Doesn't look like they will make an effort to get it, So when it comes back to me. I should re send it?


Submitted by rbh97 on Fri, 02/22/2008 - 06:03

rbh97

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Ok, here's the latest. The registered letter I sent was finally signed for on 2/22/08 and I received an electronic return receipt confirmation. Couldn't read the signature and the address and zip were different than the address I mailed it to. I'm assuming this is the address off of their ID? On 3/1/08 I received a verification of debt letter in the mail from Legal Recovery law Offices.

The letter is a computer generated "boiler plate" type letter that is not signed. It includes my name, address, the date of the letter, my file number, account number (Capital One, which is correct) and a "referred balance". Then there is another column that lists: Payments received by LRLO, Current principle, Interest, Court costs, Attorney's fees, Other costs, and finally Total due. The letter continues on "As requested, we have reviewed the account referred to above and the information provided by our client. Our investigation has indicated that the above information, including the amount due, is correct. As a matter of courtesy, we may enclose documentation concerning this account. If you wish to discuss this matter, our office can be contacted during normal business hours at blah, blah, blah...Then there's a disclaimer stating that this verification has been sent to you by a law office specializing in the area of debt collection. Be advised that this is an attempt to collect a debt blah, blah, blah...

There was no other "documentation" included in the letter. it's my opinion that they didn't verify anything. The amount of money listed on the "Current Principal" line is within $5.00 of the last balance that I know of, except there's been another $500.00 added for interest and court costs, What should I do next?


Submitted by rbh97 on Sun, 03/02/2008 - 19:56

rbh97

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They cannot charge court costs unless it has actually gone to court. Also, in house fluff like what they sent you is not validation, validation consists of documentation from the original creditor. Don't let them pull a fast one on you. They still need to verify the debt, they've already got themselves in a bind trying to charge court costs when no trial had occurred, as those are costs paid out to the court.


Submitted by JCEMT on Mon, 03/03/2008 - 10:20

JCEMT

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Update. Today I received a summons that was filed at the Superior Court Of California County Of Orange Central Justice Center. It's Dated Mar 03, 2008. Defendant (me) Plaintiff is Capital One Bank. The Plaintiffs attorney is Legal Recovery law Offices inc., Mark D Walsh Bar #206059. This summons was mailed to me via first class USPS mail in a plain, unmarked white envelope. My address was hand written in cursive (by what looks like a child) with a black felt tipped type pen. There is no return address on the envelope. The summons itself looks like a boiler plate, computer generated form that has the words "File By Fax" in the right hand margin. The summons looks to be stamped by a deputy for the clerk of the court. It looks like I'm being sued for breach of contract. The plaintiff is asking for the principal $960.94, plus interest based on proof at 28.1% since 12/13/06 and unspecified attorney fees, based on proof again.

I've never been sued before so this is all new to me. The summons says I have 30 days to submit a written response. I assume the 30 days is from march 3, 2008, even though I just received the letter? They mention there may be forms available for my response at http://www.courtinfo.ca.gov/selfhelp/.

As per my posts above, I did send a DV letter and received a response that in my opinion did not legally verify the debt. It appears to me that this lawyer is being very deceptive in an attempt to conceal his court filings so I will default. There is no court date that I can see, so is this summons for some type of preliminary filing? Any help with this matter would be deeply appreciated.


Submitted by rbh97 on Tue, 03/18/2008 - 19:58

rbh97

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I am very curious. How does the debt validation letter work? Is it stated in maybe the FCRA that the creditor has to be able to show proof?

I love this stuff. Especially, being able to stick it to those nasty, nasty collection companies!

Thanks for this great site!

Catalina


Submitted by on Tue, 03/25/2008 - 11:14

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Oh, by the way, Legal Recovery Law Offices has been sued a few times under the 15:1692 Fair Debt Collection Act which looks to be, I think, unfair collection practices. I would like to find out how these cases turned out. I am asking an attorney friend of mine to find out.

I am helping out a friend in dealing with Legal Recovery Law Offices so am interested in any info. My friend is receiving what looks like small claim suit forms completed by LRLO office, But there is no court stamp on it, so no court date.

Catalina


Submitted by on Tue, 03/25/2008 - 11:23

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Thanks for the reply Catalina. I am in the process of retaining a lawyer to help me deal with this. I'll let you know how it turns out. I used the DV letter that JCMET recommended. Essentially, the letter breaks down the legal requirements the CA must provide when validating the debt. I hope I said that right.


Submitted by rbh97 on Tue, 03/25/2008 - 15:15

rbh97

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Remember that they did not validate the dept properly so you can counter sue for at least 1k to start. You should check the court to make sure it is a real. I love the part Quote:

As a matter of courtesy, we may enclose documentation concerning this account.
They HAVE to provide documentation when it is asked for...courtesy my foot.


Submitted by goldenbast on Thu, 03/27/2008 - 09:49

goldenbast

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Here's the latest. After talking to several attorney's and basically getting the "You owe the money, so why don't you pay it" answer, I agreed to a settlement. I couldn't find an attorney that was concerned about my rights, or the unfair practices that some CA's utilize. I didn't really want to go to court, nor have my wages garnished, which I feel would have been the end result. My Job is very important to me and the last thing I want is to bring my personal life into work. It's my opinion that this company is borderline fraud. I called Capital One myself and they did verify that Legal Recovery Law Offices was handling the debt and that I needed to contact them.


Submitted by rbh97 on Thu, 03/27/2008 - 14:42

rbh97

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I sent Legal Recovery Law Offices the following letter and I received the same form letter as the original poster did:

Dear Collector:
This letter is being sent to you in response to a notice sent to me on May 13, 2008. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(g) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following: a simple accounting of the debt, the name and address of the original creditor, and the original account number. Also, please show me that you are licensed to collect in my state and provide me with your license numbers and your Registered Agent.
Your anticipated cooperation in this regard is greatly appreciated.

Best Regards,


Submitted by on Tue, 06/24/2008 - 14:52

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In regards to the above letter, are they required by law to send me the actual verification from the original creditor? They have the canned line "As a matter of courtesy, we may enclose documenation concerning the account" but nothing is included...

Thanks,


Submitted by on Tue, 06/24/2008 - 14:55

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IS KIND OF WEIRD READING ABOUT THIS SITUATIONS BECASUE I WORK FOR THEM LOL!!!


Submitted by on Mon, 01/19/2009 - 15:31

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The first thing you should do is find an attorney who will work on a payment plan and have him send a letter asking for all documentation, statements, payments, etc. I recently had a suit against me from Capitol One and we are asking for sanctions against LRLO for improper filings and playing games with intent to trick my attorney and I.
If they cannot produce the original agreement then there is no agreement. Ask your Credit Counselor or Attorney to ask for copies of everything they have to substantiate their demand. It worked for me and the case was dismissed.


Submitted by scmckean on Tue, 02/17/2009 - 20:26

scmckean

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They cannot provide validation and when required to answer Discovery motions could not provide a copy of the original contract! In CA, no contract, no payment! Their case against me is dismissed! They should have taken my first and final offer two years ago. Legal Recovery Law Office filed improper requests for dismissal and other improper documents! Watch out for them and get an attorney!


Submitted by scmckean on Tue, 02/17/2009 - 20:39

scmckean

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This office is very shaddy. I live in Riverside and his office filled law suit on my wife for a debt that was 6 years old. They stated that we were served but that was not true. Since we had no knowledge of this he got a default judgement and tried to garnish my wife wages. I would suggest you keep an eye on your counties superior courts website to see if any legal issues are pending against you. Because they will not serve you. They are very shaddy.


Submitted by on Mon, 03/02/2009 - 12:39

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I would like to see us all get together and sue this company especially the Chris Gallegos. We should all contact the California State Bar. Please contact me at [email]markhylland@yahoo.com[/email]


Submitted by on Thu, 03/05/2009 - 01:35

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I have been reading the blogs because around two hours after i can home my 8 year old son informed that a woman said she was leaving some papers under the BBQ grill.. Well after reading the paper whic are date 3/27/2009 file with local court, that they are sueing me for 1600.00 of a past due CC bill. I am confused because the top potion of the SUMMONS state i have 30 days to response were served. I am not a lawer but can they leave paperwork like that? And why would they wait until today 4/14/2009 when stamps shows form were file 3/27/2009. The last payment made to them was around 8/01/2008..


Submitted by on Tue, 04/14/2009 - 20:06

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I also show a form "NOTICE OF CASE MANAGEMENT CONFERANCE " which state the case is set for case mngt conf. by Honorable Cory J Woodward on Oct 1, 2009 with time and department.


Submitted by on Tue, 04/14/2009 - 21:04

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i would check your county clerk to make sure this is a legitimate summons.some places are known to leave phony affidavits,summons,letters of judgement.check to see if the summons is real.there should de a case or docket #.your court clerk should be able to confirm and help with how to proceed if it is real.


Submitted by paulmergel on Wed, 04/15/2009 - 16:55

paulmergel

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Okay, I will do so ASAP>>>


Submitted by on Thu, 04/16/2009 - 19:40

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Went to local court and summoms valid. So court gave forms to file a response and serve LRLO. How do I serve them and i am 4 hours away?


Submitted by on Thu, 04/23/2009 - 12:26

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I just spoke with a lady at Legal Recovery Law Offices in trying to pay off a debt I owe to Capital One Credit Card. She stated I needed to pay 25% of the debt as a down payment, and then a payment plan could be negotiated. She also stated that my unpaid debt would accrue interest of 26% of the remaining balance. I offered a payment of $200.00/mth, but I cannot put a down payment of $912.00 to start paying on this debt. Is this legal? Has anyone else experienced this.

Thank you


Submitted by on Tue, 09/01/2009 - 17:18

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It's around 10am on Sunday morning and my husband and I get a call from my mother. She says that some lady came to drop off documents for my husband and it ended up being someone serving him. I guess some lady kept ringing the doorbell on Sunday morning until my mom answered it, this lady asked for my husband (she said she had papers for my husband), so my confused mom goes to her phone to call us and asks me if we're on are way over because there was some lady there, I told her no, we weren't on our way. My mom then tells the process server that he's not there, to which she replies "then I'll just do a drop serve" and throws the papers near my moms feet. My mom then throws the papers back at the servers feet because she didn't appreciate her doing that in the first place.

This is the first time my husband and I have ever had to go to court besides for jury duty and it's pretty scary.


Submitted by on Wed, 09/02/2009 - 09:27

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They do not have to accept anything less than the full amount, although it is better business to work with the debtors, IMO. However, that interest accrual claim is another matter and is quite problematic. Only 10 people since 2005 have sued them for FDCPA violations, so they probably are pretty careful to follow the FDCPA properly. There is a listing for them on Bud Hibb's bad collector site, but there is only 1 complaint posted, and that was well over a year ago.
"http://www.budhibbs.com/collectorpages/legal_recovery_services.htm"

Although there are 17 complaints to the BBB, 8 of them in 2009.

Be careful with them in your negotiating, they are likely to sue.


Submitted by Chrys Henderson on Thu, 09/03/2009 - 03:49

Chrys Henderson

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i use to work for them..
1)when they're sendin u calls (which means there's no judgement yet) tell them u moved out of state, they'll stop pursuiing
2)record what they say if u can... they're assholes, and if u can get chris gallegos on the phone, then u have a great case against this company. also rick moses (1 of 4 owners) is a good one, he'll slip-up. chris is rick's lil cousin' guess it runs on the family.


Submitted by on Tue, 09/08/2009 - 20:14

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Thanks for all the great posts & info everyone. I'm researching these *ss-hole scam artists dba Legal Recovery Law Office based in San Diego for a friend who they've been calling & talking nasty to and threatening... I told her NO WAY should she give them post-dated check numbers and check routing numbers or bank info or ANYthing over the phone; she hasn't even received ANYTHING from them in writing. Sure enough, I find the same story here where they haven't even sent documentation & are being 100% psycho - calling her a liar and talking nasty over the phone. These are very ugly people. My friend acknowledges her debt and will pay but I told her to make sure she's dealing with credible debt collectors & offered to research these clowns, so thank you for this message board & the great info & links you've posted here, folks.


Submitted by on Fri, 09/11/2009 - 19:16

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I just wanted to post this wild account of events, and to thank as well, the many that have shared similar stories.. as well as those that moderate this site and share their wisdom on such matters as these.

My partner, who was away from work for a month(he works for a major US airline out of Seattle Wa, although we live in N. Idaho)recently came to his airport base and in his mailbox he found 'court records' saying his wages ARE NOW being garnished by LRLO to the tune of $400 PER(!!!) paycheck, for a debt to Cap One. This documentation(earnings withholding order) is out of Sacramento Cty Sherrif's office... filed in Sonoma Cty Ca. He has been living here in N. Idaho for a year now, but even when he was living in Ca, he never had a summons, or even a letter or call from LRLO stating a debt was being sought. His new address has never been a secret, and they could have easily found him here at his new address, but this documentation, from April of this year states still his old address. Also.. some weird stuff... on the docs, it says in 'name and address of employer'... ****** Airlines, inc... C/O Prentiss Hall, 2730 Gateway Oaks Drive, #100. Sac Ca. His airline's Home is in Chicago. Is this an intermediary? We did some research and found out that this address is for a 'company' dba as a few different fronts....

We have had NO notice of any of this, have had no opportunity to do a DV and his wages are already being garnished. I know the DV has a limitation to 30 days to get proof of debt, and we are well past that.. is there any way to still get proof of actual Cap One debt(with real Cap One letterhead) We will be seeking consul soon, as this seems waaaaaaaay too surreal and downright strange to be legal. We will be contacting NACA and seeking advice.

Also, we checked Sonoma Cty Court records with his name and this case # and there is no filing or records.... Advice? just sharing... they are already getting his $, ILLEGALLY it would seem...


Submitted by on Sun, 11/08/2009 - 16:44

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