Michael
Louisville,#2Consumer Suggestion
Sun, January 28, 2007
Actually, as to the post of the SOL in Ohio, it would depend on if Ohio considers these accounts as "open accounts" or "stated accounts".
Don
Belleville,#3Consumer Suggestion
Sat, January 27, 2007
From what you described, there has been FDCPA violations. But why has no one corrected you that the SOL on a credit card in Ohio is 15 years, not 4 years. Huge difference. If the account went into collections in 1999, there is a long time for legal action to occur. Although this account is not yours, the SOL is active for whoever actually owns the debt.
Michael
Louisville,#4Consumer Suggestion
Fri, January 26, 2007
Indeed, you do have claims for FDCPA violations against the law firm. First, for them taking an action that could not lawfully be taken, namely filing suit on an alleged debt that, accoring to your posts, was past the statute of limitations anyway. The third party disclosure and threats of garnishment without judgment can also constitute FDCPA violations. If the account was disputed and you requested validation, they must provide it. You probably also have good tort claims for defamation and infliction of emotional distress.
Amanda
kingsville,#5Author of original report
Sun, November 12, 2006
Can't sue them for the violations. I have no proof of them, as I never recorded conversations, etc. The SOL has run out on most all of them. Besides, I don't have the money to pay the lawyer to even get it going. Wish I could, because I would love to get them back for all the stuff they put me through. They really messed me up for a while, with stomach problems, depression, etc. But thanks for the support!
Steve
Bradenton,#6Consumer Suggestion
Sun, November 12, 2006
Amanda, You really shoud sue them for the FDCPA violations and also countersue them for your time and expenses defending against their frivolous lawsuit. We need to hold these idiots accountable.
Amanda
kingsville,#7Author of original report
Sun, November 12, 2006
Just to let everyone know, Javitch, Block, & Rathbone had to throw out their case! We went to court, and it was there that I asked for proof. Judge said they had 60 days to prove it was mine. Month and a half later, I got a letter stating that the case was thrown out because they couldn't find any proof! Don't let these guys bully you! They made so many FDCPA violations it's not funny. Fight them, and you'll come out ahead. I helped a friend against this company, and they threw out their case against her too!!!
Dave
Jacksonville,#8Consumer Suggestion
Wed, April 12, 2006
They will try to make you believe that the court date was cancelled, then they will show up and get a default judgement against you. Don't fall for it. Show up to court anyway. They will have no choice but to throw the case out since there is no proof that the debt is yours. Also, there are a lot of good tips on how to sue these people at budhibbs.com, and if they have reported this on your credit, you have a very solid case against them.