Complaint Review: Giove Law Office - Williamsville New York

Timothy, You are right, I speak in terms of end result and sometimes skip some details in between. I have posted this stuff thousands of times and it is routine to me. I like to give someone enough information to get them pointed in the right direction only. I usually don't like to get into the ultra specific step by step stuff if possible. Keep up the good work!

Timothy, You are right, I speak in terms of end result and sometimes skip some details in between. I have posted this stuff thousands of times and it is routine to me. I like to give someone enough information to get them pointed in the right direction only. I usually don't like to get into the ultra specific step by step stuff if possible. Keep up the good work!

Timothy, You are right, I speak in terms of end result and sometimes skip some details in between. I have posted this stuff thousands of times and it is routine to me. I like to give someone enough information to get them pointed in the right direction only. I usually don't like to get into the ultra specific step by step stuff if possible. Keep up the good work!

Steve is exactly right, and I commend him for his continued, informed posting on matters such as this. But I think the information he gives here, which IS correct, could potentially mislead some people, so I want to add to it a bit: Debtors need to keep in mind that the statute of limitations, primarily, is nothing more than a DEFENSE to a lawsuit (it does have FDCPA ramifications as well, but those are a topic for another paragraph). It is NOT a lock on the courthouse doors. I often see phrases to the effect of "they can't sue you because the debt is past the statute of limitations." This is NOT ACCURATE! The statute of limitations DOES NOT prevent the filing of a lawsuit, or the continued prosecution of one, or even the obtaining of a judgment. Under the FDCPA, it is illegal for a debt collector to threaten to take legal action in regards to a "time barred" debt. Of course, it is also illegal for a debt collector to intitiate legal proceedings to collect on such a debt. But be careful not to misunderstand the import of the term "illegal." The duty to enforce this legal prohibition lies with the purported debtor. If the debtor does nothing, the illegality will likely fly under the radar. Unfortunately, most debtors do not show up for hearings in connection with legal collections. Some collectors boast default judgment rates as high as 90%. This means that, as many as 9 out of 10 times, the debtor fails to show up for court, fails to defend himself, and a judgment is entered on the word of the collector alone. So here's the danger: if you receive notice of legal proceedings in connection with a debt that you, probably correctly, believe is past the staute of limitations, and ignore such notice under the assumption that "they can't sue you," you will likely end up with a default judgment. And once that default judgment is entered, whatever defense you may have had is out the window. Even though the debt was time barred before, it's valid now by virtue of a judgment rendered in your absence. If you're not there to raise the issue of the statute of limitations, it probably will not be raised, and a new, valid debt will be created by the judgment. And, FYI: the staute of limitations of the underlying debt is not grounds for setting aside a default judgment. So follow Steve's advice. But, if they do decide to initiate legal proceedings against you, don't "rest on your laurels." Your best option, at that point, would be to hire an attorney, file a motion to dismiss based on the statute of limitations, and maybe file a counterclaim for the FDCPA violation. I hope that wasn't too confusing. On a side note, I've been seeing alot of phrases, regarding various collectors, along the lines of "he can't sue you because he isn't allowed to practice law in state x." This is another dangerous legal inaccuracy. I get solicitations all the time from "attorney appearance" companies that pay local attorneys $50 a pop to file claims and make court appearances in jurisdictions where the collector cannot. Just because the guy collecting the debt can't sue you doesn't mean he won't hire someone who can!

Herb, The SOL in CA is what applies here, and that is 4 years from date of last activity. As long as you have not made any payments or an agreement to pay, that debt is uncollectable. And they know it. They are lowlife losers and crackheads. Send the CEASE COMMUNICATIONS letter by certified mail return reciept requested. Use your parents address since they already have that address. Put the certified# on the letter itself. In this letter inform them that they will be sued under the provisions of the FDCPA if they ever contact you again regarding this uncollectable debt. Inform them that it is past the legal SOL for collection. They will go away. FYI...In the future, NEVER call or speak to any collector over the phone. Good luck.

This debt was started when I was living with my parents in Los Angeles. I live in Los Angeles for 5 years, then moved to Washington state until last year January when I moved to Minnesota. Does this effect the statute of limitations?

Herb, This agency is the worst of the worst when it comes to colelction agencies. DO NOT PAY THEM ANYTHING! First what you need to do is send them a cease and desist communication letter, requiring them by the Fair Debt Collection Practices Act, to stop calling and harassing you. They may also be in violation of this act if they gave any information BESIDES who they were, who they were calling for, and a contact number when speaking to your parents. Second send a validation of debt letter to them, disputing the debt as by your records the SOL has run out (By the way, SOL in Minnesota is 6 years, if this is in fact were you were when beginning this debt.) Make sure both letters are sent certified/return receipt by the post office. They are required to validate the debt when requested. Should they give you any more trouble after that, contact a consumer rights attorney. Bud Hibbs has a great website were you can look information up on these losers. Read up on the FDCPA and learn your rights. They shouldn't be getting away with harassment over old debts they often buy pennies on the dollar for. Good luck! P.S You can find examples of validation of debt and cease/desist letters through a google search.