Offices of Rosen & Lobe Damon Dawson there keeps calling telling me to call regarding a judgement they have against me which is an account over 13 years old now. internet, California
I have a man name Damon Dawson with the Law Offices of Rosen & Lobe. He keeps calling leaving messages the I call asap due to a judgement they have against me.
I had another man calling me a couple of mos ago wanting to know how much I could pay on this 13 year old Discover Credit Card. I told him I divorced 11 years ago and the court ordered my ex husband to pay off this bill which was around $4,500.00 then and now he tells me with interest and fees its over $20,000.00. He told me to pay off the bill then sue him.
Now this guy tells me that they will garnish 25% of my wages and as a single parent I cannot afford this. I need help and don't have the money to hire a lawyer. Can someone please help me. I also had a different Co garnish my bank account around 5 years ago of about $2,600.00. I have trouble sleeping and working scared to death that they will garnish my wages. Can someone please help me?
2 Updates & Rebuttals
Patty
Portsmouth,Virginia,
U.S.A.
How to deal with these people
#3Consumer Comment
Thu, December 02, 2010
First of all, they have to contact you by mail with a notice of a debt owed. If they have not done so, answer the phone the next time they call and demand that they do so. When you receive that notice, it says in there that you have 30 days to refute this debt. You have to write to them and request all proof from the ORIGINAL debtor that the debt is owed. Next, call the original debtor to verify this money is actually still owed. If it is, your ex did not follow the rules of your divorce decree. You can take him to court yourself...in small claims court. Take your original divorce decree and the debt collection notice to court with you. The judge will simply order him to pay the debt in full.
They can NOT garnish your wages without a court hearing so don't worry about that...if your work starts garnishing your wages, demand to see the court order giving them permission to do so. If you get a court order, do not ignore it...go to court with your divorce paperwork in hand.
Based on what you have said, you are not responsible so don't worry. I had the same thing happening to me once..when I demanded to see the original paperwork, I never heard from them again.
If they refuse to send you the original paperwork, immediately contact the bar and report these "lawyers" and contact the Fair Trade Commission.
Steve
Bradenton,Florida,
U.S.A.
Stay off the phone, make them validate/prove everything!
#3Consumer Suggestion
Thu, December 02, 2010
This sounds like a sleazy bottomfeeder scam to me. STAY OFF THE PHONE!!
Nobody can get a judgement against you without first suing you and winning. Then they have to obtain the judgement, and subsequent garnishment order. Were you sued on this?
DO NOT make any payment at all or agreement to pay! It appears that they are trying to scare you into doing just that, then they have you!
Do your own homework! Learn the law! learn your rights!
And, $4,500 CANNOT [legally] turn into over $20,000. Can't happen. This is outright fraud. Federal law mandates what is known as a charge off 6 months after the first major delinquency if debt is deemed uncollectable. This means after 7 months in most cases. After that, "post charge off" interest is greatly reduced and other fees stop. These rates are mandated by law.
It is illegal for any debt collector or lawyer to arbitrarily add collection fees to an account. ONLY a judge can award "costs".
The very first thing you want to do is subscribe to one of those 3-bureau credit report services. Get your 3 bureau report and order all options like public records, etc.
If indeed you do have a judgement against you, it will show up.
I hope you have a copy of that divorce decree and court order ordering your ex-husband to pay. That is all you need to get you off the hook. If you don't have it, get it right away.
My advice to you is to take any cash you have in the bank out, and put in a safe deposit box or safe. Use money orders, etc. These bottomfeeders are pros at phony paperwork and illegal garnishments.
Also, file Bar Association complaints against any lawyers involved, and collection complaints at FTC.gov. Also check out consumer protection and collections websites like budhibbs.com, debtorboards.com, scam.com, and others.
Stay calm, and stay off the phone. Be smart. The legal burden of proof is on them to prove you owe the money. It is NOT on you to prove that you don't.
Only YOU can protect YOU.