[ebony]

I got a letter today from Howard Lee Schiff stating that judgment was rendered against me on 3/27/2009 from Capital One and my court ordered payments are in default. I never received any court notification and I cannot find any cases listed in my state (Connecticut) that even shows there was a case. They are saying that I need to pay them 1786 in 10 days or they will enter a wage order. Should I call them and ask for the court documentation and then proceed that I was never notified and then ask for confirmation of the debt?

Thanks!

[Dunned Again]

If it were me, I would look for the documentation first.

[Cada]

I'd file a formal online complaint with your states atty general a.s.a.p. Keep a copy of the complaint and the complaint number, then call the Atty Generals office first thing Monday. If you do decide to contact H.L.S., it's probably best to stay off the phone and only communicate with them in writing via Certified Mail Return Receipt Request. You could write something like the following, I personally wouldn't say anything more since you don't know if they really have a judgment, have the right or were even authorized to sue you in the first place.

Dear Mr. Schiff,

I just received notice from your office stating a judgment was rendered against me on 3/27/2009 which I know nothing about since I was never served. The reference number your office assigned this issue is #xxxxxxxx. I've also been deprived my right under the FDCPA to request validation of this alleged debt. I request your office send to me by mail copies of all related court documents and validation of the alleged debt including a complete accounting history to the address indicated.

Please be advised I have filed a formal complaint (Complaint # xxxxxxxx) with Connecticut's Attorney General asking for assistance in resolving this matter.


Keep a copy of your letter and the green certified mail receipt in a safe place forever.

If it turns out there's actually a judgment against you and weren't served you may be able to get the judgment lifted. Try finding an atty in your area who specializes in judgments and consumer debt. Sometimes they offer a free or low cost consultation. If you can't find one, please contact Bud Hibbs at assistance@buddhibbs.com. He may be able to offer advice and a referral to an atty in your area.

[sonnyr77819]

I was raked over the coals by Capital One and the law firm they use in some states

Blatt, Hassenmiller, Liebsker, and Moore.

Illinois is a state in which u do not have to be served papers - summons in order to be sued by a debt collector- debt attorneys.
Total travesty.
I am keeping my fingers crossed hoping that u can turn the tables on these dirtbags.
Please keep us posted.

[Linx04]

If it were me I would send them a letter CMRRR demanding information and validation on the debt. Under not only the FDCPA but also any relevant state laws too.

[Dunned Again]

ebony, on 27 January 2012 - 07:56 PM, said:

I got a letter today from Howard Lee Schiff stating that judgment was rendered against me on 3/27/2009 from Capital One and my court ordered payments are in default. I never received any court notification and I cannot find any cases listed in my state (Connecticut) that even shows there was a case. They are saying that I need to pay them 1786 in 10 days or they will enter a wage order. Should I call them and ask for the court documentation and then proceed that I was never notified and then ask for confirmation of the debt?

Thanks!

I would check to see if Howard Lee Schiff has any federal tax liens against him.

This post has been edited by Dunned Again: 30 January 2012 - 03:22 PM

[ebony]

Dunned Again, on 30 January 2012 - 03:21 PM, said:

I would check to see if Howard Lee Schiff has any federal tax liens against him.

Thanks! I have contacted an attorney that stops these people! How- where do i check for tax liens?

[Dunned Again]

ebony, on 30 January 2012 - 07:50 PM, said:

Thanks! I have contacted an attorney that stops these people! How- where do i check for tax liens?

Tax records are public information. Do your state laws require an out-of-state attorney to be licensed?

This post has been edited by Dunned Again: 31 January 2012 - 12:00 AM