Workman Law office ignores validation letters

This Firm??? is not a member of the BBB and are listed as Legal Services Plans /Collection Agencies
on the BBB site.

So they're just passing themselves off as lawyers as a scare tactic. gosh, do the games ever end!!!!! TMD, good thing you have a lawyer to handle your stuff for you!!! you don't have to get all stressed out by these little games.

Yeah, but I still get the stupid letters from them, I am sick of them.

One thing to keep in mind is that the fdcpa only applies to "debt collectors"; the Act defines a debt collector as a person (including corporate persons) whose business is principally debt collection for others. A law office that only does about 15% of its business in debt collections is not a "debt collector" and can ignore the demand for verification letter with impunity. I've litigated that one in federal court and lost on that very point, so it's a principle etched into my mind very clearly.

Got your point. So what is the procedure of dealing with law firms then? Do they need to send some written documents to the debtors while collecting the debt? If not, then how consumers will understand if the firm is really holding their account? I think there should be some rules for law offices also. Lots of scams are there, so it's difficult to understand who is legit and who is not!

My approach is always to send all possible written notices to everyone. If it gets to the point that I need to sue them, then they can raise the defense that they're not really "debt collectors" in a motion to dismiss. There are some that only do debt collections and their names pop up on this website a lot. Wolpoff and Abramson, for example. But if you get a letter from Joe Generic, Esq., whom you've never heard of, you can call them at their main number and ask whether or not they do debt collections (as if you wanted some done) - if they say, "yes, that's all we do" or some such, make a note of the call, whom you spoke with, when, etc., because that's evidence you can use if they later claim they're not "debt collectors". If they say, "no, not much", and they're local to you (at least licensed in your state - call the state bar association or supreme court membership secretary), then you might as well talk to them and work out a payment plan, 'cause that's probably someone who really will file suit, and has only contacted you as a courtesy before doing so.

I often tell my clients who want me to write such letters for them that the best demand letter is a warrant in debt (the form used to initiate suits in the Virginia General District Courts). I just go ahead and sue. That way, there's no question about whether I am a "debt collector" (I'm not, but I don't want to have to argue about it, either.) It's lawyers like me, not covered by the Act, who'll file suit first and ask questions later, the big collections factories don't really understand litigation, and don't want to do it. That's why they farm out the litigation to other lawyers as a last resort.

Well, if they are not debt collectors, then they are idiots...because at the bottom of their threatening little letter it says "This is a communication from a debt collector". Therefore, they just called themselves a debt collector and need to follow the law and validate the debt, or stop sending threats until they do!!!

So what about the original creditor. If they are a payday loan and requesting additional fees (loan never sent to collection agency), can you send them a debt validation letter? I have a company that had payment arrangements setup with me and I paid off $390 thinking that was the end. But then they email me this letter about 'refusal to pay'. So I called them and they said I still have $390 in fees to pay. I asked them where this came from and they tell me from overdraft, fees, etc. 1st of all my checking account has been closed since August and I explained to them this. So I want to see when they were trying to take drafts out of my checking account. So I sent them a validation letter and a cease and desist letter. The lady called me back and said they don't have to acknowledge my request. My lawyer needs to contact them with a supeona to get a copy of the signed contract. Is this true? Do I have to respond to them? I have a copy of the signed certified mail from sending them the letter and they have acknowledged they received the letter. Please give me some insight as to what I need to do next.

TMD,don't know if it's the same one,but I've had dealings with Workman and Lentz before. They are listed as attorneys in the phone book. They will want an outrageous payment, but, I have told them what I could pay each month comfortably, and they worked with me. Hope this helps

Unfortunately, I cannot pay anything monthly right now. I am going to Nursing School full time and graduate next month. After I start working, then I can start making payments, but as of right now, I am already paying as many people as I can...and I am paying those who have priority, like my house and vehicle.

Actually, I also have this account with a debt settlement company, and they told me that per my contract I am not supposed to be contacting these guys at all, or making any payments directly to them. So, I am kinda stuck. When I have enough money built up in my settlement account, they will get paid.

By the way, the reason I sent the validation letter is because the original letter they sent me did not have any info on the original creditor, only an amount due.

mindys,

IMO, debt validation is not applicable for original creditors. fdcpa is made for third party debt collectors only. However, if your creditor adds up fees without your knowledge, you can send them letter asking for details, but the term ???Debt Validation' is not applicable here.

You can look up some lawyers in Martindale Hubbel's directory in the law library at your courthouse or local law school or look at martindale.com. Listing is optional.

They say there is a "workman law office" located in Ft. Collins, Colorado, there's one lawyer there, and his name is Mark Workman. If that's not where the letters are coming from that you're getting, maybe Mark ought to know someone's using his name. If it is, then he's probably not covered. The directory says he mostly does Civil Practice, Criminal Practice, and Family Law. I sent them an email asking whether it is them or not.

I strongly suggest that you look up the payday loan act and consumer protection act in your state. Chances are you could file suit where you are against either or both of them, not necessarily under the fdcpa. In Va., sending someone an invoice for money they don't owe is a violation of the consumer protection act, good for $500 minimum statutory damages plus attorneys' fees.

And, btw, Stanley is correct, the FDCPA does not apply to creditors, only to "debt collectors". And another btw, the BBB is a consortium of businesses, the purpose of which is to give consumers someone to complain to without actually doing anything effective. You feel like you did something if you complain to the BBB, so you're more likely to give up and go away. The only thing they can do is write a letter to the offending business, though of course they're more likely to do that if the business isn't paying dues to the BBB. You want to do something effective, (1) write letters, don't use the telephone and keep copies of all correspondence with proof of mailing and (2) file suit if writing letters doesn't work.

The address is:

Workman Law Office, PA
4237 Salisbury Road North, Suite 308
Jacksonville, FL 32216
(904)470-4515

Has anyone noticed that alot of the debt collectors are beginning to surface more and more from Jacksonville, Florida?

Stanley/Virginia Legal Defense,
Thanks for your replies. So any suggestions what I should do now since they won't provide me with my details of fees? Can the creditor take legal action against me or will they send to a collection agency, at which point I can send debt validation letter. What do you do for creditors who won't work with you and only tell you you still owe?

Quote:

Thanks for your support Shirley :D

Have you read what mindys has posted here. This is a real problem, if one has doubts with the amount claimed by original creditor. debt validation will not work out? So what next?

Another ???IMO' ;)
Send a letter asking for details of your account. State clearly that you are not refusing to pay. You are not sure how much you owe to them or, the amount they are charging seems incorrect. Hence request them to verify it once again. I think legitimate creditors will honor this request. Keep us updated.

Thanks to the chat about PayDayOk letter, I have discovered that in the state of KY, they can only charge $15 per $100. They have been charging $30 per $100 so I recent another letter stating they are violating the State of KY usury laws. And I gave them 2 options: 1)either send me the breakdown of fees at which point I will review with a lawyer or 2)mark my account as "Paid in Full" nor will they owe me any refunds. I got the loan in mid June 2005. I paid the prinicipal off in October 2005. Between June and October I had paid them $330 in fees already so they tell me I owe an additional $390 in fees. Makes no sense and seems like a law breaker to me. I have not heard back from them. I just faxed the letter over and I will also send certified mail tonight.

So PD6 got my fax regarding KY laws. They called me and left a message asking me to call them back and they stated they don't have to follow KY laws. Is this true? I live in KY, they are located in Missouri. What is the truth here? I thought they had to follow KY usury laws when dealing with people in KY.

Mindys,

Go through JJ's posts here, community members have discussed a similar topic-

http://www.debtconsolidationcare.com/forums/pdl-legislation.html

I started getting phone calls from Workman Law office, and they are making idle threats! I tried to arrange payments and they refuse. I live in Mi. and Im not real sure what to do.They have represented themselves to me as attorneys. Are they a collection agency? HELPPPPPPPPPPPPPPPPPPPP!!!!!!!!!!!!!!!!

harrydude, don't get scared of the collection threats. The lawyers doing the collections are also required to follow the fdcpa. Write a cease and desist letter and give them the option to do communication only through email. Use this sample letter, it works:

http://www.debtconsolidationcare.com/template-cdletter.html

Before you make any type of payment arrangements, make them validate the debt by sending them a debt validation letter certified mail with return receipt. Also send the Cease Communications letter also by certified mail with return receipt. As stated above, they have to follow the fdcpa.

Finding a lot of dirt on these people, found your Forum, check out this link for another Forum that may give you more information

ripoffreport.com/results.asp?q1=ALL&q5=scott+lowery&submit2=Search%21&q4=&q6=&q3=&q2=&q7=&searchtype=0

You may have to copy and paste to make it work. Other names associated with this are Harold E Scherr of Longwood Florida, Workman Law Office,P.A. of Jacksonville Florida, Scott Lowery, Phil Lowery Jr of Denver Colorado, check out the link.

Workman Law Office are bottom feeders, with scare tactics and intimidation. Don't let them scare you, fight back, demand they stop calling you at work. Demand corresponding only by mail and demand paperwork for the debt. Hang up on them once you tell them to stop calling you at work, if they continue, document everything. Then take them to court.

Workman called me today, and they said that they would sue me for worthless checks in the state of Florida. They then conferenced me in with the original creditor, they basically backed up the same story, they had an order to go to a judge that day, for a $510 charge...They claimed that Florida was a zero tolerance state for worthless checks, and they are going to throw me in jail and what not...please help! Oh and they want the money today by noon.

I found my own answer by googling the problem. Prosecuting for worthless checks in Florida for payday loans are illegal.
These people are bottom feeding bullies that need to be either shut down or prosecuted...

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Hello I am currently out of work in Norfolk,Virginia. I looked at all the sites more times than I'd care to recall and applied to 100s of positions. However, i have not been able to find a single good response to my applications. If anyone knows about any particular place where i can look for a good job, please revert me with the location details. I will be thankful to you for your early response.

Undekeext: We help people who have debt issues and harassing collectors hounding them. We don't do anything regarding job placement or help in those regards.

However, since you asked:

Perhaps you need to dissect your application/resume to find out why you are getting turned away at every count. You may also want to simply ask the people why your application was turned down. Other then that, I am at a loss.

Sorry I could not be of more help.

Hello everyone,
This is Attorney Mark Workman in Fort Collins Colorado. I am writing to make sure you all know, I am not the Workman Law Office in Florida. I have tried to communicate with them over the years when I receive mail intended for them and in response to complaints about them. They have never responded to me. So my experience has been the same as yours. Anyway, sorry you all have to deal with them.