I NEED A NY CITY LAWYER AND FAST

[Yavin4]

I am being sued by a debt collector over a debt that I didn't own nor have. I have sent three requests to this collection agency asking for verfication, and they have not provided with any verification of the debt as they are supposed to do under the law.

Does anyone have an attorney referral for me?

[Christa]

1. here

http://www.ssmplaw.com/index.shtml

Louis Meltz

[Dangerously Amused]

2. Might be a scam.

There's a lot of that stuff going around.


Call the Clerk of Courts for the courthouse named in the paperwork, give them the case number and ask them if the case is legit.

[mdmc]

3. the collector will never sue you, only the creditor will

no one is suing you. They are trying to strong arm you into paying a bill. Before you call a lawyer, please send a letter to debt collector suggesting that they meet with you for mediation or for arbitration. They won't do it if they find out that you are the wrong person.

PM me if you need a lawyer. I know many dems that will work with you.

[Yavin4]

4. I Have Never Owned This Credit Card

And I have sent them three different letters since October of last year asking them for some kind of verfication of the debt. So far, nothing, except for this summons.

I'm taking this seriously, and I have a consultation scheduled with an attorney.

[mdmc]

16. good luck

peace and low stresss

[flvegan]

5. Seems like a violation of the FDCA

You could call your State Attorney over a violation of the Fair Debt Collection Act, which would appear to have been violated by the facts as they've been presented.

[Yavin4]

6. Yep. I Will File A Complaint

But, in the meantime, I have to answer this summons or they will get a default judgment against me.

[flvegan]

7. Motion To Dismiss

That's your answer, it seems, based on what you've said.

In the meantime...

Matter of fact, I'd file a Countersuit. F* 'em.

[skygazer]

8. By law, you do not have to do business with a debt collector

Under the Fair Debt Collection Practices Act, you have the right to refuse to do business with the debt collection agency and deal directly with the original creditor. If you notify the debt collector in writing that under the terms of the Fair Debt Collection Practices Act, you wish them to cease all communication with you, they have to comply or be in violation of federal law.

http://fair-debt-collection.com/Disputing_Collections/stop-calling-letter.html

This is a link to one of many, many sites pertaining to the act and debt collection agencies. If you type "Fair Debt Collection Practices Act into your browser, you'll get a ton of hit.

Don't let the bastards intimidate you. They WILL NOT respond to calls, letters or requests, only continue to strongarm you for money. DO NOT ever actually deal with a collection agency - always insist on dealing directly with the original creditor - it is your right as a consumer.

Good luck.

edited to add - when you send the letter, send it certified, return receipt - that way you'll get a notice of when it was delivered and accepted and if they contact you after that date, they are in violation of law.

[Yavin4]

9. Original Creditor Just Says They Sold Off Account

Everything that I send to the collection agents has been sent via certified mail, and I have the receipts for everything that I've sent.

I still need to answer this complaint, and I intend to counter-sue.

[philosophie_en_rose]

10. Information (not advice)

http://www.appellate-brief.com/Collection.htm

Also, google for a free attorney service or a law school's legal assistance office. They may be able to help you.

[dysfunctional press]

11. you do NOT need a lawyer.

you need to chill out, get on the phone, and tell the collection agency to go to hell.

ignore them enough, and they'll go away.

[Yavin4]

14. Nope. I'm Not Doing That

They want a default judgment against me, but if I challenge them in court, then they will lose.

[dysfunctional press]

12. have you been served with a summons...?

or just sent nasty threatening letters?

have you been given a case number or a court date?

you aren't being sued, you're being strong-armed.

tell them to go fuck themselves.
if they "bought" the account from a creditor...they WILL go away.

[Yavin4]

13. I Got A Summons In The Mail

Complete with a court filing number. I am taking this serious because they're looking for a default judgment against me. That's the only way they can win.

[jukes]

15. DON'T PANIC

if they've refused to provide documentation, they don't have any; hence, no case. DO NOT AGREE TO A SETTLEMENT.

you'll receive a summons or subpoena before any hearing y will have @ least a month to prepare. contact the court clerk's office and advice thrm the plaintiff has refused adequate "discovery"; ie, a chance for you to review evidence, and ask the case be dismissed on that grounds. if you actually receive the documents in question, then contact a lawyer, but don't waste money. thgis is a bully-tactic used by dunners. BTW, if they are harassing you by fone, demand an address and write then to insist the ONLY contact you through the mail.

if they persist in threatening to sue w/o providing documents, (it's illegal to threaten suit unless there is an actual intent to sue) or keep calling you, report them to the Security & Exchange Commission. The BS will stop.