Giove Law Office Did what they do - Was it illegal? Niagara Falls New York
I had an account with Providain several years ago. I had finicial problems and fell behind. I had incurred a debt of $1,400. A year later, I received a letter from Giove Law Office telling me that if I did not contact them immedately they would go to court. Since my situation was better I contact them to make a payment arrangement, I wanted to clear my debt. I was then told that I owed them just over $6000, but they would settle it for around $4000. Not know if this was legal, I assumed it was, I made arrangements for them to take payements out of my bank account. I was told they would do this for three months and then contact me to see if I wanted to continue this arrangement until the debt was paid. Before I hung up with the representative, I asked for paper work on this deal so I could review it. He said sure.
Three months passed, and the representative called me back asking me if I wanted to continue making the payements. I confirmed I did, but asked him again for the paperwork on this deal, since I had not received it the first time. He apologized and said he would send it right away.
A year past and my mother received a call from another representative telling her that they were with child protective services and that they need to speak with me immedately. She told them she would forward the message to me. Before she did, I received a call from the representative. He asked for me by name. I told him that I was not availible and could I take a message. (Note: I do not tell people who I am if I do not recoginize the phone number on my caller id) I was then told that a warrent was out for my arrest and that a officer from the sheriffs department would arrest me that night if I did not call him immedately.
I waited about 20 minutes and returned the all. The representative answered and told me that I had this account due and needed to pay it. I told him that I had made the arrangements before and wanted to continue them. He said he had to call to confirm that I was still allowing them to pull out the amount from my account on a monthly bases. I confirmed that I was still doing this. I then asked for paper work again, he said he would send it to my immedately. When I told him someone claimed that there was a warrent out of my arrest and told me I need to call immedately. He told me, "No one from this office would do this" I let it slid
Two years went by and things were getting tight finicial. I still had not received any paper work from them, and had lost the phone number for the account. I wanted to ask the company if I could get a month or two grace period. After all I had been paying $114.83 for 40 months and figured they would let me slide a month or two. Since I had no way of contacting them. I then contacted my bank and asked them to stop all payements to this company. Believe it or not I had to make the request three times before my bank complied. It seemed the company contacted my bank and told them that they still had my permission to take funds from my account.
Now a year has gone by and want to guess who is calling me again?
What I want to know is what they did is illegal and do I have any recourse.
Bradford
Mesa, Arizona
U.S.A.
10 Updates & Rebuttals
Nikki
Coconut Creek,Florida,
U.S.A.
You entered into an agreement with them
#11Consumer Comment
Mon, October 29, 2007
Since you agreed to pay them, and were paying them, you basically created a new debt. You entered into an oral agreement where you agreed you owe Giove the money and began making payments. This is why it reset the statute of limitations. You entered into an agreement with Giove and made it a new debt with Giove.
You may be able to sue them for stating they were from Child Protective Services and about the warrant. Unfortunately this may be a matter of "he said, she said". I would contact an attorney.
Robert
Buffalo,New York,
U.S.A.
Statute of limitations
#11Consumer Suggestion
Sun, October 28, 2007
should have been reset to the date of the LAST PAYMENT you made to them. Since you had been making payments, it appears that they have plenty of time to sue you in civil court.
If they claimed to be CPS or anyone else, that's a false representation and a direct violation of the FDCPA. However, you have to sue them in district court if you wish to pop them for $1000 per violation. It doesn't seem to me that you want to do that based on your "i don't identify myself" statement.
Seems to me you probably have other folks looking for you as well. You would be wise to consult with an attorney.
Robert
Buffalo,New York,
U.S.A.
Statute of limitations
#11Consumer Suggestion
Sun, October 28, 2007
should have been reset to the date of the LAST PAYMENT you made to them. Since you had been making payments, it appears that they have plenty of time to sue you in civil court.
If they claimed to be CPS or anyone else, that's a false representation and a direct violation of the FDCPA. However, you have to sue them in district court if you wish to pop them for $1000 per violation. It doesn't seem to me that you want to do that based on your "i don't identify myself" statement.
Seems to me you probably have other folks looking for you as well. You would be wise to consult with an attorney.
Robert
Buffalo,New York,
U.S.A.
Statute of limitations
#11Consumer Suggestion
Sun, October 28, 2007
should have been reset to the date of the LAST PAYMENT you made to them. Since you had been making payments, it appears that they have plenty of time to sue you in civil court.
If they claimed to be CPS or anyone else, that's a false representation and a direct violation of the FDCPA. However, you have to sue them in district court if you wish to pop them for $1000 per violation. It doesn't seem to me that you want to do that based on your "i don't identify myself" statement.
Seems to me you probably have other folks looking for you as well. You would be wise to consult with an attorney.
Robert
Buffalo,New York,
U.S.A.
Statute of limitations
#11Consumer Suggestion
Sun, October 28, 2007
should have been reset to the date of the LAST PAYMENT you made to them. Since you had been making payments, it appears that they have plenty of time to sue you in civil court.
If they claimed to be CPS or anyone else, that's a false representation and a direct violation of the FDCPA. However, you have to sue them in district court if you wish to pop them for $1000 per violation. It doesn't seem to me that you want to do that based on your "i don't identify myself" statement.
Seems to me you probably have other folks looking for you as well. You would be wise to consult with an attorney.
Stacey
Dallas,Texas,
U.S.A.
Tim is right
#11Consumer Comment
Sun, October 28, 2007
giovelawofficeexposed.com/
Get an attorney go to www.budhibbs.com
There is a link for attorneys who deal with these bottom feeder 3rd party collection agencies
Good luck let us know what happens
John
Louisville,Kentucky,
U.S.A.
re: update
#11Consumer Comment
Sun, October 28, 2007
A defaulted charge-off can stay on your credit report for seven years. The clock starts ticking when you first became delinquent and never became current again. This seven year cycle cannot be re-started again. Bottom feeder collection agencies are notorious for re-aging old charged-off debt for their advantage.
I don't know what your original delinquency date is...If if is more than seven years ago...It is illegal to report this info again and you need to challenge this.
If you can afford one....I'd consult an attorney as the previous poster states....Your case sounds a little complicated.
Hans_sulu
Mesa,Arizona,
U.S.A.
...
#11Author of original report
Sat, October 27, 2007
UPDATE:Just found out that they reported my to the credit bureau last month before calling me. So now, a credit card issue from 6 years ago is now freshly reported
Tim
Valparaiso,Indiana,
U.S.A.
Get a lawyer!
#11Consumer Suggestion
Sat, October 27, 2007
There's really not enough information here to determine if everything was on the u-and-up at ALL. You HAVE to stop making payments to them, if you haven's done so already, and you MUST have this case reviewed by a local attorney. This is a collection agency with a VERY bad reputation, and is well known for using slime-ball tactics.
I can tell you for a fact that calling your mother and saying that they were with CPS is slander and probably fraud.
GET A LAWYER!!!!!
File an update if you need help in finding an attorney that can assist you.
Best regards.
John
Louisville,Kentucky,
U.S.A.
Lessons Learned the Hard Way....
#11Consumer Comment
Fri, October 26, 2007
What I want to know is what they did is illegal and do I have any recourse.
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It was legal .....Recourse: Without a written agreement you have nothing to stand on. You've already paid these creeps over three times your original debt. You don't need to pay them any more. I hate to say this, but these people probably have you tagged as a sucker and they've come back to suck more money out of your checking account.
Do not communicate over the phone with these people. Send a letter via certified mail w/return receipt that you want the debt validated per the Fair Credit Reporting Act....Per federal law that must do this.
Don't allow yourself to be bullied (again) with bogus threats of being arrested...If they state that they will sue you, request to speak with the attorney at the office and demand his/her license # in the state bar. It is illegal for collection agents to claim that they are attorneys or to make bogus legal threats.
Read up on the Fair Debt Collection Act. Understand that you have rights and that collection agents cannot take your firstborn child.
#1: DO NOT give a bill collector one penny of your money before you first get a written agreement up front that they'll accept your offer as payment up front.
#2: NEVER EVER give a bill collector your bank transit # and checking account # to make automatic debits. If you do pay a bill collector, pay ONLY via USPS money order....They will whine and complain....too bad...It's a perfectly legit way to pay without the risk of their raiding your checking account and taking every penny you have.