mrskippy

OK. So, several months ago LVNV, through its attorney Erica Brachfeld, filed a suit against for for a debt that was never validated. LVNV never provided the DV, than when Erica Brachfeld attempted to collect, she never DVed. Even after the suit was filed, I filed my answer with the DV letter attached. To this day, neither LVNV or Brachfeld & Assoc. has validated this debt. Furthermore, my DV included a limited cease-and-desist. A representative (Marty Brachfeld) keeps calling me -- admittedly six times, with some rather silly responses about playing "phone tag" (I've never even called) and admitted in one that "I'm not very bright." So, I file my cross-complaint for failing to DV and for violating the cease and desist. The first time, a local attorney shows up at the CMC. Today, at the second CMC, nobody shows up for LVNV. The judge would not dismiss and refused to provide default on my cross-complaint. Instead he said we would move on with the scheduled settlement hearing and trial. I thought this was a bit odd. The judge acted like the CMC was not that big of deal. Strange thing was that another attorney was there for LVNV, but for a different LVNV lawyer. The judge asked him to call Brachfeld to see what was up. Nobody from Brachfeld even answered the call. I thought all of this was really fishy. Needless to say, I just found out that the proof of service (the original and their answer to my cross-complaint) were filed by the law firm itself. There was no third party involved. A member of the team working this case filed the suit. The "readily familiar" part is more than that when you work in the attorney's office -- probably as her legal secretary. Last I checked, proof of service had to be filed through a true third party, not someone that is a party to the case -- which this law firm is. I have reviewed case law and this is supposed to be as bad as it gets in terms of CAs and their lawyers.

The guy said D&S and I'm thinking that it is Devine & Service ... but, I don't see them having an office in Minnesota.

Bump ... does anyone have the info on a Divine & Service office in Minneapolis, St. Paul or the Twin Cities region?

D&S ... Divine & Service ... supposed to be in Texas, but does anyone know if they have an office in the Twin Cities?

Well, I got another call from him today. This time he did say he was with a company called D&S. He also called my parents again and this time he threatened my mother. I told her that if he calls again to advise him the call will be recorded and showed her the button to hit on the phone. I told my mom that he can take a double hit in court from both myself and her for threats, harassment, etc. But, who is D&S?

Schmuck called me again. He said he tried to call my work, based on what my mother told him, yada yada ... but he didn't find the info to contact them. FYI ... problem with the "you'll be hearing from my attorney" is that I have no idea who this guy is. Period. I have a name and not much else to go with. I just want to know who the flip this guy is. But, I also don't want to call him. Just want to know who he works for, than send a letter. Could call and get the info ... than send a cease-and-desist, but I'm sure most would say "bad idea" to call.

Just a hunch, but with a nice cash downpayment, your daughter shouldn't really need a cosigner on a loan. If the dealership says otherwise, walk away and go elsewhere. Even though she is only 18, car dealers mostly care about a few things and are almost always able to work around the credit issue. How much does she have to put down? You state that the finance amount would only be about $7,000. She shouldn't have a problem getting that on her own, just about anywhere. Furthermore, that will give her a fairly easy to manage monthly payment. If she could get a low APR, financed for three years, and make solid payments for 1-2 years she may even have some positive equity and get a good trade-in deal with a new, better loan. I wouldn't co-sign on the loan. If she has the money to put down, there really isn't a need, unless she has already wrecked her credit. She'll get a loan on her own and hopefully learn something along the way -- that she doesn't need to depend on mom and that if she screws up it is on her and not mom.

Reverse number thing on those links is amazing. That is a useful tool, especially if it was turned into a database that could be updated. Neither number is on there. This is a St. Paul number, if that narrows it down any. So we are obviously looking for a CA in St. Paul, with an employee going my the name in the OP.

Who knows. This guy is a real pill and a mystery at that. You think this guy would send something in the mail, but I guess he won't. It must not be that important, but I just don't want to be in for a surprise down the road.

Well, it wouldn't be a problem, but this guy now has called my parents. I don't think he has my current work number, but calling my former employer isn't good either. And, he leaves intimidating messages. If I knew who this guy was I could send him a cease-and-desist. Catch my drift? I want this guy to stop calling me. Period. But, it has to be done in writing and I can only do that if I know who he is, who he works for and where to send the letter. Bear in mind that it would technically be illegal for him to state he is a debt collector in a voice mail or to my parents. He hasn't done so yet and even told my mom it would be illegal for him to reveal the nature of his call.

Bump for someone to ask the "What collection agency is this?" or related question.

FYI ... it is illegal for a debt collector to contact you on a cell phone. You can't be required to pay for their attempt to collect a debt. Same should go with a debt collector who doesn't leave a toll-free number (as UFC did to me and I've refused to call them back) or a debt collector who sends a letter postage due.

Thanks a lot sofar, this is the letter (template from fair-debt-collection.com) that I made up, intend to mail it tomorrow, do I need to add anything? Dear Madam,Sir This letter is in response to your letter dated Aug 17th 2006 (copy enclosed) concerning the collection of the above referenced account. I do not owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Florida has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me by phone, email, regular mail or by any other means regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. You are already in violation of 15 USC 1692 Section 807(10) by demanding payment in full and section 804(4) by mailing your letters in an open envelope. Be advised that I shall record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident. Careful. When did you last make a payment or enter into a payment arrangement? That typically will reage the account and reset the SOL clock. I would definately DV them and start with a limited cease-and-desist for now. Than, if they fail to validate and/or its past the SOL for sure, send them a full cease-and-desist. Also, the bigger question is, what are the laws of the Netherlands? Are there debtors prisons? And, are you at risk if you try to enter the country? That, IMHO, would be the bigger concern. You aren't a criminal in America, but you can be considered a criminal elsewhere.

Maybe is first name is Tiny.

OP said it was removed from his CR a couple of years ago. This debt is well beyond SOL and can't be reported to the CRAs. Fire off an SOL letter and tell them where to stick it.