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Brachfeld & associates summoned me to court. I sent them a Debt validation letter a month ago. When I checked the status of my case, It said "10/10/08----VACATE OSCSV HEARING SCHEDULED FOR 12/18/08 AT 8:30 IN DEPARTMENT V9"
above it says "osc re: service completion"
I have no idea what this means I had an appointment to meet with lawyer tomarrow, as I filed a complaint on Brachfeld & associates with the FDIC a month ago as well. Why does it day that my case was vacated I still have 7 more days to file an answer to the summons. Did Brachfeld and associates drop my case?
You should file a response to the summon within 30 days of receiving the summon. Now if you do not file it within 30 days, the CA may bring a default judgment against you. What I think is that Brachfeld and Associates has either dropped the case or is trying to reschedule the hearing date which has been scheduled on 18th Dec. This may be because, the CA may not have been able to validate your debt and as a result of which they stepped back.
I too think since you have already send a debt validation letter to Brachfeld and Asso, who has not been able to validate the debt, they have vacated the hearing. Now I think that although they have vacated the hearing, you should file a response to the summon. However, you should always consult a attorney before proceeding any further with the case.
Brachfeld
I've been dealing with them for several months now. Watch out for them. They do not follow the FDCPA. Be sure to show up at court with all of your documentation. They will file a lawsuit against you even if the Statute of Limitations has expired. If they do, go after them for court costs and violation of the FDCPA. I did and won
Brachfeld
I hate working with these people. I made an agreement on the phone with a representative for payment. Now they have send me a letter saying that want $200 dollars and the same payment I was making. There's also a paper attached which askes for my income all my bills if I have property and it's worth. What's with this I noticed they want me to fill out and sign it but it isn't signed by them. I've moved 700 miles away from the court they used and I don't know what to do.
Did you make a single payment to them yet? Do they have a judgement against you?
Yes, even if they sue you to the court without validating the debt, you should file a response to the summon to avoid a default judgment. In the court you can produce the proof that the CA has not validated the debt by producing the return receipt that you have received while sending the debt validation letter. If you have asked for debt validation and they have not validated it, they cannot bring judgment against you.
Hi Yvonne
If you have gone for a debt settlement program, the $200 may be the one time fees of the debt settlement company. I think that they need your income proof in order to persuade the creditors for coming to a repayment plan. You can send your income proof if it does not show your social security number and other details. But they need to send you details about the amount you need to repay every month in writing and duly signed.
Justice Agaisnt Brachfeld
A law firm in San Luis Obispo Ca recently (feb 09) obtained default judgments against Brachfeld & Assoc, and several other of their chronies after alleging 83 violations of the federal Fair Debt Collections Act and the Ca Rosenthal Act. Judgment is expected to include $100K in damages and an injuction against other 'debt collection terrorist acts". Check out the law firm in question at 3W Balsamo Law dot com
payment settlement
i just got off the phone with the manager for brachfeld requesting a cash payment to settle. he only wants a check by phone. i told him i would bring the cash to his office later. am i doing the right thing, what do i need to get to prove they settled
First of all before making any payment to settle off the debt, you should get the debt validated to be sure whether the CA to whom you are paying actually owns your debt on not. After getting the debt validated get the settlement offer in writing, else they may again sell off the remaining portion of the debt which you have not repaid as a result of settlement, to another CA and you will have proof to prove that you have paid off the debt. If you pay the settlement amount through cash, get a receipt from them of the amount you have paid.
Brachfeld And Associates
I made payment arrangements with Brachfeld and Associates for an automatic deduction to pay back what I owe on a credit card account. I recently lost my job and am unable to make the payment arrangements I previously agreed upon. What are my options?
Stacy,
First close your bank account that you gave them information for. Nothing you say will stop them from withdrawing from your account. Next, did you validate the debt through them? If not do that now with return receipt. Keep it simple and just write you are validating the account.
More likely than not they will not be able to correctly validate. They will eventually file suit but they can't win. Trust me on this. You can counter suit back and they will pay you,
Finally, what state are you in? I believe they are only allowed to collect in california state.
BRACHFELD AND ASSOCIATES
THEY CONSTANTLY LEAVE MESSAGES ON MY VOICE MAIL THAT CLEARLY VIOLATES FDCPA IF THEY SAY ANYTHING MORE THAN YOUR NAME AND THE NAME OF THE COMPANY THAT IS A VIOLATION AND CAN BE SUED RATHER EASILY.
Yes that is true. What really bothers me is when they call a family members house and more or less tells them what is going on. You can not really prove it so they end up getting away with it.
Attorney Brachfeld violated FDCBA 809 (d)
My sister was not even served properly, they filed a fraudulent proof of service on her saying they served someone at my house, She doesn't even live there. Second of all when I found out that they filed a suit against her I think it is deplorable that this is their initial contact. THEY NEVER CONTACTED HER REGARDING THIS ALLEGED DEBT PRIOR TO THE FILING OF THIS SUIT. So I feel that violates FDCBA 809 (d) that states that a civil filing cannot be the used as initial contact. They never validated the debt because they never made contact. If anyone has any more info on these people please comment!
These companies are required to send you a letter when they first get the account in their office. They most likely did, and have documentation of it. Lots of people throw out mail that they don't recognize, so they never realized they did get a letter of representation. It's going to be your word against them when it comes to that.
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