Weltman Weinberg, Reis served me a summons for a court in Ohio, but I have not lived there for 4 years Columbus Ohio
I had been getting letters from weltman and the bunch for several months now, I sent all the recommended responses back certified return receipt and all. And they would immeditely send responses dated the exact same day that the return receipts said they received my response letters. they sent 3 letters all together and I have all return receipts and copies of my responses, though I only have one of the letters they sent me. Now its been several months since the last letter and I had thought they had given up, and today I receive two documents total, in a single letter with an Ohio court in the return address spot.
First one is stamped in the right corner in blue ink supposedly by the court in sept showing my address as my grandmas house, a place I have never lived at before in my life. And the first page has capital one vs me at the top with the stamp to the far right corner. Below that is 5 numbered statement saying they tried to contact me and the like and the very bottom has the weltman phone # and address. Also this doc has the exhibit "A" page as a normal capital one statement letter that says what I owe, and exhibit "B" showing just some credit card agrreement fine print. Also there is a page that is all blank except for the classic words "this law firm is a debt collector attempting to collect this debt for our client and any info...." Which looks out of place as part of a court doc.
And the second doc, sent with the first, is dated Jan 23 as a summons with the deputy clerks name and sig and everything, but with my correct address, but there is a court letter head address and everything and dated with a court ink stamp with courts name and date and even a case #, saying I have to respond in 28 days after the service of this summons. But it is the actual deputy clerks name (I looked it up) and "signature" at the bottom.
And finally at the bottom a "return of service summons" tear off section, all from a courthouse in the town in Ohio where I have not lived in over SIX YEARS. But this was mailed to me at my address in CALIFORNIA where I have lived for 2 years. The debt was charged off in 2002. SOL in California is 4 years, which i made clear to them in my 3 responses. And I understand Ohio sol is 15, but since I live in California arnt they supposed to serve me to a court here, and doesn't that mean the sol has expired anyways.
I am going to call the deputy clerk of the Ohio court house tomorrow to see if its all bogus, But if it is a real case and all, How should I respond? I will talk to an attorney, but only if I have to. Thanks for all your help.
charles
carlsbad, California
U.S.A.
3 Updates & Rebuttals
Jen
Eatontown,New Jersey,
U.S.A.
Court Docs
#4Consumer Suggestion
Thu, March 20, 2008
Although the court docs may be real, the question is did they really file them? I got court docs addressed to a Jane Doe and there are a host of problems with that.
1) They don't know who they are serving
2) The documents did not have a court date (nor a valid docket#) because it was never properly filed and the courts have taken action for fraudulent use of official documents.
3) I contacted the originating creditor and have documentation confirming I am not the Jane Doe they are looking for.
Brent
Fredericksburg,Virginia,
U.S.A.
You need to contact court
#4Consumer Suggestion
Wed, January 30, 2008
If you incurred and skipped on a debt in OH, then they will sue for it in OH following OH laws. If you can prove it was discharged, then you may be able to communicate with the court through the mail, but you may actually need an OH lawyer (if not yourself) to go to the court with your documentation to prove to judge.
charles
carlsbad,California,
U.S.A.
"UPDATE" court doc is real
#4Author of original report
Wed, January 30, 2008
I called the courthouse today, and they said the court docs are real and that they state I just have to contact weltman in 28 days. They don't say there is anything there that states a court date. Since the sol is expired, and they have filed in a stat where I am not employed is it even worth my effort to respond???