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-   -   What are my rights against Law Firms for collection agency (https://www.askmehelpdesk.com/showthread.php?t=65586)

  • Feb 23, 2007, 09:35 AM
    ania
    What are my rights against Law Firms for collection agency
    I am not perfect and have had some health issues so I am not working so I cannot pay any debts I owe at this time. So I am being sued by 2 Law Firms for credit cards both happening around the same time. I live in New Jersey.

    First Law Firm sends me a summons around end of Oct and I answer the summons in time.
    The Dated Dec 19 I get interrogatories to be answered but the amount shown as balance due is double what the first summons stated.
    So I am looking for any information on this account because all they gave me was a name and account number. I do not get the interrogatories sent back.
    Then Dated Jan 2 I get a thick packet that includes an old bill to an old address from 2002 from the credit card company. The now doubled amount owed is crossed out and a lower figure is hand written in. Also is a Notice of motion for summary judgement. It says date mailed Jan 2.
    The I get dated Jan 3 a request adjournment of trial for 60 days from the Law firm. I did get a yellow post card with a court date prior.
    Then dated Jan 22 I get a letter asking for interrogatories to be returned.
    Then dated Jan 29 I get a request for adjourment for another 60 days. I also got a yellow card for a March court date.
    Then Dated Jan 31 I get motion to suppress defendants answers for failure of interrogatories.
    Then dated Feb 13 I get from the Law firm a letter stating on or about Jan 24 a judgement was placed and I know owe all money plus fees and costs.

    How can this happen and how do I know this is right and they are allowed to collect this money?

    Second case I received first week of Nov a summons because of the other summons above I overlooked this and did not send in my answers. They say the person I owe is a financial service place and it is now the owner of the defendant who is the credit card company.
    Then dated 2-9 I get Notice of entry of judgement from the law firm and they want a written paper back by 2-16. Now today 2-23 I get a Information Supoena from them wanting all personal information. This company only gave me a name and account number and said I now owed this financial service place.

    Do I just do what they say and take it I lost on these and let them place a judgement on a house I co own and have a big mortgage.

    I have read some terrible things about these two law firms and that they tried to collect on accounts that they were not supposed to. I also heard collection places look at credit report companies and get information and go after people who owe money. What should I do I am clueless and need some advice.

    Sorry this was long but I was trying to provide all the information so all would understand and to get some help.
  • Feb 23, 2007, 10:57 AM
    ScottGem
    Check these stickies in the Bankruptcy and Debt forum. There is a wealth of info there for you.
  • Feb 23, 2007, 11:34 AM
    ania
    I check the stickies and it has a lot of information there, Thank you

    I do have a question still, both say a judgement has been placed and I owe the money but I was never given anything like the stickies say to show proof of anything or that I signed anything. I only have 13 days according to the letter I received to send them all my personal asset information or I can be held in contempt of court.

    All papers I ever received so far are on the Law Firm Letter head and nothing from any courts or judges. Only the yellow postcards with court dates that haven't even past yet they sent me.

    Should the court notify me at all or just the lawyers and how do I know it's what they say it is?

    Thanks for helping I am clueless about the laws.
  • Feb 23, 2007, 02:31 PM
    ScottGem
    If its not coming from the court then you aren't required to give them the info. Go back to the court and file a motion ot vacate judgement on the grounds they haven't proven the debt. You have a right to your day in court.
  • Feb 25, 2007, 07:47 PM
    ania
    I did some seraching online and the one judgement I have the papers do not have any court stamps on them. I went over both judgements and the other one has a court stamp and date along with a check number and filing amount. This other one has nothing. Also when you compare the summons page and the judgement page from each one they are either almost the same or different.
    I went to a link I found and this is what I found out

    Rip Off Report:Pressler & Pressler /New Century Financial Services Some More Toxic waste of Collections Cedar Knolls New Jersey

    Rip-off Report.com - badbusinessbureau.com

    Debtor Files Suit Over Collection Tactics - Labor Law Talk

    This is the same thing I am going through with these people and don't know what to do, I read on a law board that in NJ and NY if you do not send in the paper giving all personal assets on time these two states can and will arrest you but after seeing this about them I don't want them to get my personal information.

    What do you suggest I am going to file for default but should I call the court or what else can I do to avoid giving them any information.

    Thanks

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