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    MaryGladys's Avatar
    MaryGladys Posts: 2, Reputation: 1
    New Member

    Apr 5, 2007, 07:19 PM
    Default on a Lease; Received a Summons
    Ok, I have a strange one. About 4 years ago, I leased an apartment in Virginia. The lease was for a year but left after 7 months and moved to Florida. The contract stated if someone leased the place out, I was out of the contract. As it was a busy complex, the manager said I didn't have to worry about it. That was the last I heard from them. Then, last week, I get a summons from a debt collector from here in Florida. Their name is Erskine & Fleisher. They are a big debt collector agency for the nation. The summons was written completely wrong stating the debt was for credit card debt. They also said the last time I paid on it was in 2006, which is wrong. I have checks that show Feb. 2004.

    Anyhow, the page that the "attorney" firm used to show the debt was validated from the apartment complex is forged. It was notarized in Colorado, not Virginia and the Notary Public is fake. At least I can't find him with the Notary Public databases online and there is no NL number. Not to mention, the apartment complex is in Virginia, NOT Colorado. The apartment complex is national, but they have no offices or complexes in Colorado at all. So, yeah, forged.

    In short, I rented in Virginia, the law firm is in south Florida, and the Notary Public/apartment complex "debt" validation is taking place in Colorado by an unlisted Notary Public.

    I met with an attorney and he said he could get it dismissed for $750 because it is for credit card debt and not a default on a lease agreement.

    But here is my question. I get it dismissed. What will this firm try next? Do they have a leg to stand on? What should I do? If it is dismissed, can I get this debt collector to pay for my legal fees as they filed this all wrong? And do you think they will refile correctly? Can they win?

    Thanks and I look forward to any advice. I have never seen this where it was mis-filed. I have seen enough articles on credit card debts receiving summons but a broken lease agreement??


    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Apr 6, 2007, 05:42 AM
    Most be dismissed with prejudice, so that it cannot be tried again.
    MaryGladys's Avatar
    MaryGladys Posts: 2, Reputation: 1
    New Member

    May 8, 2007, 10:55 PM
    Ok, I have more information now. I hired an attorney to handle this and I still feel queasy, which is why I am posting! Anyhow, the attorney called the Law Offices (aka debt collectors) and told them that he was going to dismiss it because it was flat out wrong. The debt collectors said they would amend the summons and be ready June 9. My questions are the following:

    Debt collector attorney is in Florida. I am in Florida. I rented the apartment in Virginia. Is there an SOL and for which state does it apply?

    These debt collectors used a FALSE notary public. Can they be held liable?

    Can I sue them for my attorney fees?

    What do you think they will amend to this summons? As debt collectors who appear to serve this leasing company, can they get my original contract?

    My lawyer said long ago before these debt collectors were going to amend that they would bluff and whatnot. I am just a little scared as they have extended the date to June 9... and I don't know the laws of the relationship between debt collector and the "creditor."



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