Malen Law Served me papers from Velocity Upgrade to sue..... My 19yrold answered the door

[alexthegreat]

Talk about a new low feeling.   I let my upgrade charge off two years ago and today, Malen had papers served to me at my home.  I was not home but my 19 year old collge girl was.  She called saying a guy dropp off some packet of papers  talkling about summons and courts and and judments will be made for failure to appear.   OMG my heart sank haveing my child read and see that.  I just told her to put on my desk and I'll explain/reasure here all is ok and that its all just a formaility in a lawsuit  against a company.   I'm sickened they don;'t seal this paperwork in a an envelope.  flippin pissed at myself for not keeping it from going this far and pised at the proces server for serving this way.    Malen neverreally called, just once and mailed a packet of papers back in August 2022.  That was the only dealings I had with them.   I'll be answering the suit topreven auto judgment but wlll likely get a lawyer to postpone this for monts or get it dropped somewhoe.  even thought of getting it in to Arbitrartion. 

 

Original debt:  Upgrade $13K

Went to Velocity who uses Malen & Asoiciates Westbury NY

Edited January 6 by alexthegreat

[NoColors]

Hello,

 

First off don't panic.  Find out if UPGRADE has charged off your account.  Check to see if MALEN is a debt buyer or if they are suing on behalf of VELOCITY as a debt buyer.  If they are not the original creditor than you can file an answer to the summons citing Lack of Standing.  Then you can request documents to ascertain if they can legally collect from you.  At the very least this alone will get the courts to postpone the hearing to a later date.  No Need for an attorney at this point.  Wait for a response from the courts and the Plaintiffs attorney.

 

If you go to the courthouse they will charge you a filing fee.  Little tip - Ask the court to see if they have a financial hardship form that you can fill out to waive the fee.

 

I can't stress enough how important it is for you to find out if its the original creditor or not.  If its not you'll have way more opportunity to get the case dismissed, buy time or settle with them.  They must show in court that they have the legal standing to collect from you and how they determined the amount owed.  Make the attorney's provide documentation, many times they cannot get it.  Make them work and realize that you are not a push over.

 

Hope this helps.  If you have a good attorney who can help I would suggest reaching out but if you learn how to defend yourself you can almost accomplish the same thing with paying the attorney fee and possibly losing in court and paying the debt as well.

[alexthegreat]

MAlen is the NY attorney (heardthey are horrible) representing debt buyer Velocity LLC who bought the debt.   I filed my answer atthe county courthouse and mailed a copy to them as weel (not like see thedigital recording of it).  I'vecrolled the many case they have had in my county over the years, maybe 150 since 2020.  seems like many go unaewered andthen Malen goes after judgment.  also many left in lingoland.   Settlements I aw with others wern't great, like 60% of the total.  Kidding me?? if they want me to settle I'll start with 20% of the total.

 

QUESTIoN:  How long to hear back from them now that I filed or could it just sit there for months and months?

QUESTION:  If they just throw all their account into the court system to get unasered judgements (which they may or may not do) Will my anwer put me front and center and they'll bemore likely to pursue?