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lrhall41 · Jun 1, 2008, 06:38 AM

In February, 2007 we were served with a lawsuit from this company that purchased all of our accounts when our bankruptcy got dismissed in 2006. They were asking us to pay $20,000 for all the account. We researched the internet and call our clerk of the court and was told to respond to the plaintiff within the 20 days requesting verification of debt. We did that, and requested original documents, with signatures, statements, etc.
We didn't hear from them for over a year, and then in March, 2008, or clerk of the court sent us a notice of dismissal for lack of prosecution. The plaintiff never produced anything and the clerk want to have a hearing to get it dismissed. The hearing is June 18th. A week after we received the letter from the clerk of the court, we get a letter from this other attorney from Florida (where we are from) requesting to have a motion filed against us because we never replied to them (? ). We checked with an attorney that we were referred to, who told us that the company will lose in court, because they are bluffing. Then just yesterday we receive yet another letter from the attorney where he is asking the court "showing of good faith" not to dismiss the case because according to them: 1- defendant was served with a lawsuit on 2/24/07 requiring an answer to be filled with the court within 20 days (we did it within 7 days); 2- The defendant failed to file an answer with the court as required by law (duh... see above statement); 3- Plaintiff submitted a Default Final Judgement on May 1st, 2008, but the Court has not received it yet (well, that is not our fault, is it?)
I do not know if we should even answer this stupid request from this law firm, because it would be a waste of our time. I do not want to send them copies of the "Motion to Defend" that we filed in March, 2007, that the court already has. Should we wait for the hearing on the 18th and see what happens?
Any other ideas/suggestions?

tickle · Jun 1, 2008, 07:09 AM

Most of it is bluff. If I were you though I would produce all the evidence in your favour that you have and send them copies. The clerk of courts has copies too, so everything is well documented.

lrhall41 · Jun 1, 2008, 07:58 AM

Certainly. I have copies of everything and if they had a brain, all they have to do is go to the clerk's website and see that we filed to defend in 2007.
Thanks for your input.

tickle · Jun 1, 2008, 08:18 AM

They have a tendency to ignore certified information that is not in their favour (the lawyers, or sueing party) and carry on regardless. You will find it quite madenning until you start to just stand up for your own rights or just ignore them in return.

I was sent a 'copy' of a summons with a letter from a lawyer which letter said 'this is similar to what you will receive if you fail to comply with our demands'. It was laughable. I in turn sent all correspondence to my lawyer and never heard from them again.

lrhall41 · Jun 1, 2008, 04:33 PM

My other question is if I was supposed to send a copy of my response to the original collection agency (TriCap Investments)? They are the ones that originally filed the suit and now this other "law firm" Borack & Assoc. is following up with the lawsuit/judgement. We really did not have an contact address or information, and we did what the law asked, which is responding to the court within 20 days.
We did, within 1 week.

tickle · Jun 2, 2008, 03:32 AM

TriCap Investments is an 'umbrella' name. You won't find an address for them. In some States they aren't even a registered company. You won't find many addresses for collection agencies because they do most of their dirty work over the phone harassing people until they give up and send money. Until it starts all over again when what they sent is 'not enough'. If you searched our archives I am sure you will readl were posters have said that they offered money to them on a regular basis but it was refused because 'it didn't meet the requirements',

lrhall41 · Jun 2, 2008, 06:59 AM

So you think that I should not worry about sending them a copy of my March, 2007 response with the Motion to Defend? Now it is Borack & Assoc. and I do not want to provide them with anything. The clerk of the court has our response and they are aware of our intent. If they want to see it, they can go to the clerk's website and see it for themselves, don't you agree?

Curlyben · Jun 2, 2008, 07:11 AM

ONLY deal with the court.
You have filed your response in good time AND have documents to back this up.
If anything these "Lawyers" need a swift and sharp letter telling them to take and running jump and if they continue to pursue this matter then you will file a claim against them and their client for harassment.

I'm sorry to say this is quite normal for collection companies, some are better than others and act ethically, but it sounds you have a tertiary bottom feeder on your case.
I'm sure if you research these "Lawyers" you will find they are simply a front for threatening letters and little else.

ScottGem · Jun 2, 2008, 07:52 AM

I agree with Ben here. I would send Borack a letter (no copies of anything) that says simply that you responded to the 2/24/07 letter on time and that response was registered with the court. Therefore, points one and two of their letter have absolutely no merit.

If they persist in bringing this to a hearing, you will vigorously defend against the suit. So unless they have proof of these debts, to stop bothering you.