[Linx04]

LOL come on I am only 31..lol  My receding hair line tells different though!

[JustRuss]

Quote

LOL come on I am only 31..lol  My receding hair line tells different though!

Hair Club- I'm not just the President, I'm also a client! ;D

[Not! The girls all like me balde and Buddha-like!  :D ] 

[JustRuss]

J, Dare and Admin-

"You've got Mail..!"  ;D

[knincadatty]

Why is the man who invests all your money called a broker? George Carlin

[missroz3]

Please! Please! if anybody is out there I need Help in Helping my son...and innocent victim of Zahkeim & Associates based out of Florida. i've been calling and faxing information to them and all i'm getting is the run around and so is my son. At the age of 14 my son wanted to open a bank account, but because he was too young he needed a co signer. at the time, my grandmother, his great grandmother had an account at bank of america so she co signed for him. well in the midst of all this i guess my granny became a victim of their bill collecting agency. she is now 82 years old, anyways, this company decided to put a HOLD on my son's account because of her i guess and not only put a hold on the account they actually withdrew all of his money out of his checking and savings account for a total close to $5000. i mean this isn;t my granny's account it's his..the statements come in his name only not hers!! so for 2 weeks we have been calling back and forth to this place faxing what they asked for in regards to my granny's information only to be rudely talked to, to keep being told that jaclyn is out of the office until monday and when monday comes she's no where to be found, they claimed they haven't received the faxes that we've faxed twice with confirmation of 10 pages each time! please can someone offer any help...i mean they have stolen close to $5000 from an innocent victim. my son is a hard working young man and college student with no debt! please help us to get his money back! he has nothing in his savings or checking account now

[Cada]

How the firm got hold of your sons money and whether they have to return it would be up to your state collection laws and what it says about co-signed/joint accounts of an alleged debtor. Another thing to consider is if the firm got an actual judgment against your grandmother and whether they went through your states legal process to levy/garnish the account.

You need to research your states collection laws and contact the court to see if there is a judgment against her.

I think you're also going to have to know more about what happened between your grandmother and the collector. Some questions come to mind:

1.) Was the debt actually your grandmothers?
2.) Was the alleged debt beyond the 5-year statute of limitations in your state?
3.) Was your grandmother given opportunity to request validation?
4.) Did the collector have the legal right to collect on the alleged debt?
5.) Did the collector harass your grandmother in any way (make threats, repeated phone calls, call at unreasonable hours, etc.)?
6.) Was your grandmother properly served (if required by your state)?

A good consumer lawyer may be able to help you. Often times they will give a free or low cost consultation. If you can't find one in your area, please contact Bud Hibbs at assistance@budhibbs.com, he may be able to offer some advice as well as recommend an atty in your area.

[Cada]

Oh...you could also try filing a formal complaint with your states attorney generals office. Most states let you do this online and they be able to help.

[Mike188]

Just join the forum.
I am dealing with Zakheim & Associates (thugs) at this time. I have to appear in March against them. I owe the debit, that I
do admit. I am unemployed and really have no way of paying what they want. But what I don't believe I owe is the almost $2000
in fees and interest that Capital One has added to the account. I have not used the account in almost 5 years. I have not heard
from Zakheim & Associates via postal service with an offer to work out the debit. I got a notice from them in March 2011, that
they were filing a suit against me representing Capital One Bank. I had 10 days to respond in writing to the court. I did.
Did not hear anything until January 2012. Zakheim & Associates was filing for summary judgement. Then a week later I get
another notice from them that I am to appear on March 16,2012. Only thing is that Zakheim & Associates is allowed to appear by
phone. Doesn't U.S. law say that we can demand that we be able to face our accusers? How can they be allowed to appear via
the phone and I have to appear in person? I am filing a written objection to them appearing by phone. Also with the objection
I will file that they have taken 9 months to file for summary judgement.
I do wish I could find legal help but I have nothing other than my unemployment.
I dealt with them on another suit dealing with Target Bank, NA. I went to mediation with that one and mediation was bogus!
They hire a local shyster to do their dirty work. Mediation was, you will accept this debit, pay so much a month. If you do
not want to pay you accept that you owe that amount and a judgement is placed against you. Under the judgement they can not
touch your primary residence, your primary vehicle if it is worth less then what you owe, your saving and your checking as long
as it is worth less then what you owe. If you savings or checking is worth more they can "only" take what you owe on the debit.
I have more to say but for a first post I will stop here.
I would appreciate any advise or help to deal with these thugs.
Thanks,
Mike

[missroz3]

Cada, on 17 February 2012 - 06:58 PM, said:

How the firm got hold of your sons money and whether they have to return it would be up to your state collection laws and what it says about co-signed/joint accounts of an alleged debtor. Another thing to consider is if the firm got an actual judgment against your grandmother and whether they went through your states legal process to levy/garnish the account.

You need to research your states collection laws and contact the court to see if there is a judgment against her.

I think you're also going to have to know more about what happened between your grandmother and the collector. Some questions come to mind:

1.) Was the debt actually your grandmothers?
2.) Was the alleged debt beyond the 5-year statute of limitations in your state?
3.) Was your grandmother given opportunity to request validation?
4.) Did the collector have the legal right to collect on the alleged debt?
5.) Did the collector harass your grandmother in any way (make threats, repeated phone calls, call at unreasonable hours, etc.)?
6.) Was your grandmother properly served (if required by your state)?

A good consumer lawyer may be able to help you. Often times they will give a free or low cost consultation. If you can't find one in your area, please contact Bud Hibbs at assistance@budhibbs.com, he may be able to offer some advice as well as recommend an atty in your area.

*** THANK YOU FOR YOUR REPLY; IT DEFINITELY HELPS ME. I DID CONTACT MY FRIEND WHO WORKS FOR THE LEE COUNTY CLERKS OFFICE HERE IN FORT MYERS FLORIDA; SHE GAVE ME PAPERWORK TO HELP MY GRANNY FILL OUT AS WELL AS A SMALL CLAIMS FORM TO REGAIN MONEY BACK. SHE TOLD ME THAT THIS CASE WAS FROM 2009, IN WHICH MY GRANNY AND I WENT TO A COURT HEARING WHERE THERE WAS SOME MEDIATOR WHO TOLD HER THAT SHE NEEDED TO MAKE A $30 PAYMENT EVERY MONTH UNTIL PAID OFF, IN WHICH SHE WAS DOING UNTIL SHE HAD HEALTH ISSUES...CANCER. WITH THIS SITUATION GOING ON, LOTS OF BILLS WERE UNABLE TO BE PAID. SO WHAT I'M REALIZING NOW IS THAT THERE WAS AN ORDER TO PAY; SO SHOULDN'T THEY ALLOW A PHONE CALL TO BE MADE TO THEM AND RE START THE PAYMENT PLAN?

[Cada]

missroz3, on 21 February 2012 - 11:58 AM, said:

*** THANK YOU FOR YOUR REPLY; IT DEFINITELY HELPS ME. I DID CONTACT MY FRIEND WHO WORKS FOR THE LEE COUNTY CLERKS OFFICE HERE IN FORT MYERS FLORIDA; SHE GAVE ME PAPERWORK TO HELP MY GRANNY FILL OUT AS WELL AS A SMALL CLAIMS FORM TO REGAIN MONEY BACK. SHE TOLD ME THAT THIS CASE WAS FROM 2009, IN WHICH MY GRANNY AND I WENT TO A COURT HEARING WHERE THERE WAS SOME MEDIATOR WHO TOLD HER THAT SHE NEEDED TO MAKE A $30 PAYMENT EVERY MONTH UNTIL PAID OFF, IN WHICH SHE WAS DOING UNTIL SHE HAD HEALTH ISSUES...CANCER. WITH THIS SITUATION GOING ON, LOTS OF BILLS WERE UNABLE TO BE PAID. SO WHAT I'M REALIZING NOW IS THAT THERE WAS AN ORDER TO PAY; SO SHOULDN'T THEY ALLOW A PHONE CALL TO BE MADE TO THEM AND RE START THE PAYMENT PLAN?

I'm sorry to hear about your granny's health issues and financial troubles can't be making it any easier.

I don't know what the company would do if contacted but I'd assume if they really want to be paid they'd allow your granny to restart the payment plan. Collectors Exposed doesn't offer legal advice. The site focuses primarily on informing consumers of their rights under the FDCPA (Fair Debt Collection Practices Act) so my best advice to you would be to contact an atty. They'd be the ones best suited to advise you on how to proceed. Your state may have laws to help protect your granny during this difficult time. There's also federal and probably state laws to protect her money if it comes from exempt sources (ex. social security, disability funds). If your granny can't afford to pay an atty, try looking up "free legal aid" in your state.

[Mike188]

Very interesting at court on March 16, 2012.
I appeared as ordered. The judge was very nice. They call Zakheim & Associates, by the way have a new name, Zakheim & LaVrar.
Well the clerk gets a recording, punches in the number on the recording for the person who is supposed to appear for them. Well
she gets her voice mail. Strike one. The judge sits back in his chair and tells her to call their regular number. She does and gets a different recording. Asks the judge if she should try for a real person. He says "YES". So she pushes some more buttons,
gets a real person, they connect her to a different extension. The person on that extension connects her to another extension.
The judge is starting to fume. The person that picks up the phone on that one says the person that was to appear is not available
but he is taking it for her. The clerk does her legal speak. The judge introduces himself and right out of the box says, "and
I have Mr._____________ standing right here in front of me". Tells him to state his case. The guy on the phone says that I had
never responded to the complaint and that they want summary judgement. The judge response by going through the filing by
Zakheim & LaVrar and the so called evidence they supplied. Then he say that Mr.__________ "DID RESPOND and IN A TIMELY FASHION"!
It may not be a response and you consider in legal speak but it is a response. He then starts going through my response.
When he ends he says "Summary Judgement DENIED". The guy on the phone says, "Could you repeat that judge, there must be a problem with the phone lines it seems to be breaking up some". The judge slams shut my case folder and repeats himself. Then tells him that Mr.___________ did respond and with a very good defense. Puts a big exclamation on the "DENIED". The phone was
silent. I never had to say a word.
Now what is interesting is that on March 7, I received an offer from Zakheim & LaVrar to settle the account. They thought that
they were going to get a judgement. Of course this was received by me only 9 days before the hearing. Well I had responded to
that offer with a counter offer and mailed it to them certified with return receipt. They had received it 4 hours before the
hearing. I turned a copy of their offer and a copy of the envelope that it came in with a copy of my response and a copy of
the certified receipt to the clerk and she stamped it and entered it into the file. Yes you can present paperwork at open
court. I have not heard from Zakheim & LaVrar about the offer. The judge never even mentioned that a court date would be filed.
Tells me that this is going to hang in limbo and may expire under the SOL.
What I have learned is DOCUMENT EVERYTHING! As long as you do that you have a foot to stand on. Do not discuss anything on the
phone with Zakheim & LaVrar. Do everything by postal service. There is no law saying you have to talk to them on the phone.
You make it plan and simple that you will not talk to them and they are not to call. If they want to discuss things they can do
it through written correspondence. That way you have proof and it is not your word against theirs.
That goes with any collection agency. If they continually call they can be fined for up to $5000 per instance once you have told
them in writing that they are not to call.
Okay this has gone on a long way. I just wanted people to know you can fight these blood sucking leaches.

[Massive]

Mike188, on 28 March 2012 - 01:33 AM, said:

Very interesting at court on March 16, 2012.
I appeared as ordered. The judge was very nice. They call Zakheim & Associates, by the way have a new name, Zakheim & LaVrar.
Well the clerk gets a recording, punches in the number on the recording for the person who is supposed to appear for them. Well
she gets her voice mail. Strike one. The judge sits back in his chair and tells her to call their regular number. She does and gets a different recording. Asks the judge if she should try for a real person. He says "YES". So she pushes some more buttons,
gets a real person, they connect her to a different extension. The person on that extension connects her to another extension.
The judge is starting to fume. The person that picks up the phone on that one says the person that was to appear is not available
but he is taking it for her. The clerk does her legal speak. The judge introduces himself and right out of the box says, "and
I have Mr._____________ standing right here in front of me". Tells him to state his case. The guy on the phone says that I had
never responded to the complaint and that they want summary judgement. The judge response by going through the filing by
Zakheim & LaVrar and the so called evidence they supplied. Then he say that Mr.__________ "DID RESPOND and IN A TIMELY FASHION"!
It may not be a response and you consider in legal speak but it is a response. He then starts going through my response.
When he ends he says "Summary Judgement DENIED". The guy on the phone says, "Could you repeat that judge, there must be a problem with the phone lines it seems to be breaking up some". The judge slams shut my case folder and repeats himself. Then tells him that Mr.___________ did respond and with a very good defense. Puts a big exclamation on the "DENIED". The phone was
silent. I never had to say a word.
Now what is interesting is that on March 7, I received an offer from Zakheim & LaVrar to settle the account. They thought that
they were going to get a judgement. Of course this was received by me only 9 days before the hearing. Well I had responded to
that offer with a counter offer and mailed it to them certified with return receipt. They had received it 4 hours before the
hearing. I turned a copy of their offer and a copy of the envelope that it came in with a copy of my response and a copy of
the certified receipt to the clerk and she stamped it and entered it into the file. Yes you can present paperwork at open
court. I have not heard from Zakheim & LaVrar about the offer. The judge never even mentioned that a court date would be filed.
Tells me that this is going to hang in limbo and may expire under the SOL.
What I have learned is DOCUMENT EVERYTHING! As long as you do that you have a foot to stand on. Do not discuss anything on the
phone with Zakheim & LaVrar. Do everything by postal service. There is no law saying you have to talk to them on the phone.
You make it plan and simple that you will not talk to them and they are not to call. If they want to discuss things they can do
it through written correspondence. That way you have proof and it is not your word against theirs.
That goes with any collection agency. If they continually call they can be fined for up to $5000 per instance once you have told
them in writing that they are not to call.
Okay this has gone on a long way. I just wanted people to know you can fight these blood sucking leaches.

Who is listed as the Plaintiff in this lawsuit?? I am very interested to find this out. Thank you very much!! Capital One I see!!

This post has been edited by Massive: 29 March 2012 - 03:42 PM

[Mike188]

Massive, on 29 March 2012 - 03:39 PM, said:

Who is listed as the Plaintiff in this lawsuit?? I am very interested to find this out. Thank you very much!! Capital One I see!!

Yes it is.