Collect America CACV CACH Franchisees and Collection Debt
Filed Under: Collections
Filed Under: Collections
Collect America is a huge JDB with many franchisee’s across the country. They have alleged lawyers in these offices. CACV stands for Collect America Collection Vehicle and CACH purchase junk debt for Collect America. Collect America was sold by Scott Lowery in 2005 for $350 million! Even though he sold the company to First Analysis Private Equity Fund IV, he reportedly is still involved in operations through his brother.
This debt collection agency is typical with their tactics. Letters, phone calls and threats to the consumer.
Here is a list of possible franchisees (from Bud Hibbs site):
Law Office of Sam W. Streeter, Houston, TX
Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ
Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA
Law Office of Thomas K. Bamford, Dallas, TX
Harold E. Scherr, Attorney at Law, Longwood, FL
Bronson and Migliaccio Attorneys, Williamsville, NY
Bronson and Migliaccio Attorneys, Elmwood Park, NJ
Phillips and Cohen and Associates, Westampton, NJ
Law Office of Larry Roach, Copley Twp, OH
Phillip Scott Lowery P.C., Denver, CO
Law Office of Joe Pezzuto, Phoenix, AZ
Law Office of J. Anthony Cambece, Boston, MA
Workman Law Office, P.A., Jacksonville, FL
Collect America, LTD, Denver, CO
Gamache and Myers, St Louis, MO
P. Scott Lowery, P.C., Tulsa, OK
Law Office of Wilfred E. Briesemeister, Montclair, CA
Harrison Ross Byck, Morrisville, PA
Daniels & Norelli, P.C., Westbury, NY
Davis Law Office, Russell A. Davis, Solana Beach, CA
Richard DeJana & Associates, Kalispell, MT
Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)
Daniel N. Gordon, P.C., Eugene, OR
Mims, Jerry M., Attorney, Islip Terrace, NY
Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX (represents CACV & CACH)
Take heed if you are served a summons at your residence from this company. They are infamous for lawsuits and arbitration with NAF. National Arbitration Forum. Do not ignore.
Read below of a consumer who learned quickly how to fight back and WON !
August 2008: UPDATE: “The july 9th court date never came as CACH LLC’s new attorneys called me about a week before trial to settle. At first, they “offered” me for ME to pay them $3,000, which they argued was far less than over $17,000! I told them in no uncertain terms, NO. As I had filed a counterclaim against CACH, LLC and Daniel N Gordon for $150,000, they wanted this to end. They asked me what I would take to settle. As I’m a person of integrity and not into it for the money, I told them they’ll receive no money from me, everyone pays their own court and attorney costs (I had none except the court filing fee), and the cases get dismissed WITH PREJUDICE. That means this case can NEVER be put back into the court system again for any reason. 
It’s over…finally after over 2 years of dealing with their attempts to bury me in paperwork. I kept up with it though, and have learned a LOT about the debt collection and legal system as a result. Bud Hibbs is a wonderful person for having this website available for the public who needs advice without being able to afford talking to an attorney. Now, I have this advice for everyone here…don’t ever give up…and NEVER ignore a case that filed against you in court by these scoundrels. That’s really what they hope for…is a default judgment against you. They HOPE that you’ll either ignore it (they win that way), or that you can’t really afford to fight it with an attorney. However, you DON’T really need an attorney to fight these scoundrels…you CAN do it yourself.
As part of the settlement, which has no wording in it saying that I can’t talk about it, CACH, LLC has agreed to drop the matter AND to report to the credit bureaus that they are removing this entry in my files. See, you CAN win against these people…just work hard at it and you will. If more and more of us can get to the point where we’re all standing up against these scoundrels, they’ll depart with their tails between their legs. Oh, and don’t be afraid of “big name” or big sounding “attorney” firms. “
This is why we are passionate about consumer awareness with collection debt. Consumers can educate and empower themselves.
NEXT LEVEL CREDIT
56 Responses to “Collect America CACV CACH Franchisees and Collection Debt”
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Daniel N. Gordon PC, I just reported this guy to the Oregon Bar today, something needs to be done about this guy he will do anything he can to get a judgment against you even if it means lying in court. He will disreguard your paperwork that you file in court for the case if it might be just the thing you need to end the case after being served. he will string the case along 6 months and file for a default judgment claiming that you did not file your paperwork right in court so he did not have to honor it and act like it was never filed and tried to use arbitration even after you file the paperwork for a court trial and then had a one sided arbitration hearing any way and then got a default judgment because you never showed up for the hearing.this guy should of been disbarred 30 years ago. We really don’t need people like him in this world.Why can’t serial killers with a theme go after people like Daniel N. Gordon they would be doing everyone a service.
MDF, Thanks for your comment. This is going to help to inform many unsuspecting consumers of this ruthless individual. Please report him to the FTC if you have not done so already. Doesn’t the judge realize this is not legit?
~Next Level Credit~
I had a $20,000 MBNA debt that got sold off to Scott Lowery/Collect America a few years ago. They lied to me over the phone and told me that I could make $300 payments and they would give me a 0% interest rate. I made payments for over two years. Then I asked for a statement to find out what my balance was. It was higher than when I started. They said that it was 0% on the $20,000 but that 20% interest was being accrued in a separate area that was now at $10,000 – that after I paid the full $20,000, i could settle on the interest. I stopped payment, saying I wanted something in writing. Instead, they got a mediation award against me and now I am stuck. They offered to settle afterward, but again, would not put it in writing. They are Liars. If anyone has any advice, it would be greatly appreciated. TY.
SL, Thank you for your comment. Reading about this type of behavior and “business” practice infuriates us. It is typical however.
There is one option for you…going to court to appeal the arbitration award. We have a few directions for you to go depending on where you live and the resources you need. We are not able to give legal advice but we are able to refer you.
~Next Level Credit~
I am being sued by Cach LLC in Missouri for a debt that it not mine which is from June 2007, but I did not find out about it until December 2008 because I do not check my credit report often enough. I am the victim of identity theft-the credit card was opened using my maiden name and an address I never lived at. I have a police report. This has been in court since December 2008-First they filed the lawsuit in the wrong county, so i never got the first summons. I got the second summons and ever since then they have just been continuing the case. I just got a letter today saying that Cach LLC has denied my claim for fraud on the account and we are set for a court date on June 16, 2009. They say the card is my mine and at some point it was reported lost and reissued-but I NEVER opened a card with the company, Credit one who sold the debt to CACH LLC. I am due to have a baby in July so this is adding to my stress. I thought about getting a lawyer but can probably only afford to pay a few hundred. Does anyone have any suggestions?
Elizabeth, Thank you for your comment and inquiry.
You can fight this. First of all even if the card was yours – you do not owe CACH a dime. Second, you can file another answer with the police report. ALSO the collector has to prove that it is YOURS. It is not up to you to prove it is NOT. They have to prove it. So you may have to request that in a trial. You may have to threaten trial. You can file a sword denial. They have to prove that this is NOT id theft. This is very serious. Do not delay on filing this. Call us if you have further questions.
~Next Level Credit~
I just wanted to say that I appreciate reading this today. I am also in a court fight
with CACH, llc. They filed suit against me in district court and I went to court without
a attorney. They lost and I won. My glee was short lived because the filed an
appeal in Circuit court. I was to scared to go through that again on my own so I have paid a attorney $2000 to repersent me in the Circuit Court. I found out that CACH has refused to do a deposition and I have to pay another $1500. I was almost ready to throw in the towel because I just dont understand whats so
important about a depo. Why bother with a judge when you have a depo showing what the
other guys got? Anyway after reading whats posted on this website I’ve decided that I’m
not quitting.
Terri,
Thanks for your comment. Congrats so far! Keep us posted on your success with this fight.
~Next Level Credit~
Hi there. I am currently being litigated by Attorney Daniel Gordon and am three weeks away from arbitration. It is over a American Express debt where he is claiming to be American Express as the Plaintiff but when I call American Express they have never heard of him.
I do have an American Express debt of 30k and I can only assume he is a junk buyer of this debt. But he is claiming to be the Plaintiff “American express” in this litigation and not “Daniel Gordon”
My arbitration hearing is for End of October.
I know there is a class action going on and I was wondering if anyone could help shed some light or give some insight if possible.
For the past half year I have not avoided this Dan Gordon, done everything by the book to keep him from getting default judgment. All docs have been submitted on time with Washington County Courts on my part and I even was able to select the Arbitrator I wanted because they did not fill that out. (personal injury attorney is my arbitrator!)
This upcoming week my arbitration fee of 350.00 is due. I am going to pay it. I am wondering if Dan Gordon is going to pay this to take this all the way or if it will end here.
And if they do take it the whole way if the arbitrator will notice that he is not American Express as he claims to be and just Dan Gordon Junk buyer.
Dan Gordon has knocked down the settlement offer from 30k to 17k lump sum payment. Or I can choose a stipulation judgment with them and make monthly payments on 24k.
I can make this headache go away right now by setting up payments for them on 24k.
But I’m almost willing to gamble this and take it to arbitration simply because of who this is and who he is claiming to be. Also I will be calling Dan Gordon again next week days before arbitration payment is made to see if the dollar offer has dropped more.
I’m wondering where or how most of these Dan Gordon cases go. He has to have tons of cases. I’m reading of a few off google now. But the masses of them where do they go? settlements? does he actually win? whats the insight here.
Any insight would be helpful.
Thanks!
Mindy,
Thanks for your comment. We are not aware of a class action against Dan Gordon. It seems that you have received a letter for arbitration. Who is doing the arbitration? NAF? Not possible.
Yes there are a number of class action suits against NAF. So Dan Gordon is not able to use NAF at this time.
Also with your defense in this “case”, you should ask for validation. Have you requested this? This is your first step.
You are conversing with DAN, therefore admitting that you owe DAN when in fact DAN has to prove it. AMEX is done, charged off, written off, sold and took a loss.
Stop talking to these people and learn more about your rights. Do not make any payment plan. Please understand the corruption of DAN and stop listening to their office. Call our office if you have more questions.
~Next Level Credit~
Hello,
Dan Gordon has is attempting to collect garnishment wages against my father, for a debt that is not his. We share the same names and at one point the same address. His SN and my own got mixed up on the Loan. After losing my job my loan defaulted, and payments could not be made. Now the representative for Dan Gordon is telling my father that they need a copy of my and my fathers SN and drivers license or they will restart the garnishments. They have already went to court against the wrong person and filed garnishments against the wrong person. Would it be smart for my father to look into ID Fruad in regards to the loan and how should we go about with dealing with Mr. Gordon?
Rpdx,
Thanks for your comment. There are a few issues here. #1 The only way to garnish wages is when a judgment is rendered. Get that information from the court. #2 If your father was not served (regardless of ID) and had no knowledge of this case, then there is a possibility of vacating the judgment. #3 If your father was served and did not answer the summons to the court, then that will be another direction to take action with the court in regards to the ID mixup.
We do not understand what Dan Gordon is attempting to collect. The loan? It is in your name?
Get an attorney to handle the motion to vacate for your father. Do not talk to Dan Gordons office at all. If you do need to communicate, everything needs to be written. The motion to vacate will be done through the courts. You can recover all monies.
Contact our office if you have further questions.
~Next Level Credit~
I have been trying to get a debt validated from CACH LLC, and several of it’s franchisees for months now. Pentagroup Financial (Houston, TX), and the Law Offices of Joe Pezzuto (Pheonix, AZ). I have the certified mail receipts of every debt validation request letter I’ve sent, with no response from the debt collector. In this letter I also requested proof of account ownership and a copy of the original contract. Again, not one of these agencies has provided the information requested.
(History- we owed a debt to the original credit company, but when my husband was deployed the account fell behind and went into collections. It then became four times the original amount due. I could not get information from anyone with the original credit company who’s call center is in India. Communication was difficult to say the least. They claimed no further responsibility for this account. I was told to wait for a collector to contact me.)
Now I see that CACH LLC has reported this invalid debt on my credit report. We’re in the middle of buying a house and this is going to cause problems. The original debt is also listed on our credit. Since we can’t get information from anyone, we can’t make progress. What do I do?
Mrs. Smith,
Thanks for your comment. It is very positive for you that CACH, Pentagroup and Pezzuto have not validated the alleged debt. This is the result that you seek.
Contact the 3 credit bureaus to remove CACH from your reports.
~Next Level Credit~
Thank you. I have drafted a letter regarding CACH LLC for the credit reporting agency. With the original debt company still being listed on my credit, and not being able to get information from them regarding this debt, how do I get that taken care of?
Mrs. Smith,
Thanks for your comment. You can write to the CRAs regarding the original creditor and have them remove the item.
~Next Level Credit~
I settled with Jorge Lopez for an amount on a chase credit card. We settled for less than full amount, but they were happy to get a fair payment. I have a letter from him saying of the payment cleared it would be considered settled and then there would be no further action on this debt.
Well, the payment didclear and they did draft my account, but the judgment is still listed on my wifes credit report as unsettled. This is a year later.
Now there is no Jorge Lopez at the old email he use to use and the phone number is disconnected.
What do I do now?
Please help.
Thanks.
JH,
Thanks for your comment. If you have the letter, the approved draft, and the payment cleared, then we would advise that you contact the CRAs for your wife’s report and send copies and a letter explaining and asking to update the report.
~Next Level Credit~
I don’t know what to do. I set up a payment plan through a credit service to pay my AmerX card to Dan N. Gordon’s office. A Scott Reed from his office claimed he had a default judgment on me for an American Express bill of 4,000. And if I didn’t sign a stipulated Judgment, he would use the default judgment, and he didn’t have one at the time. Since, Gordon’s office got a default judgment without giving me a notice of appearance, and after taking payment from a credit services I set up to pay off the bill.
Gary,
Thanks for your comment. Often this happens. The consumer will make payments in order to avoid a judgment and then the CA will serve a summons. Or the summons is served and the CA wants the consumer to sign a stipulated agreement/judgment. DO NOT SIGN. We would advise legal counsel in your state. Breach of contract from Dan Gordon?
~Next Level Credit~
I had a 6K debt with MBNA which is currently in the hands of CACV. A final judgement was passed by the court in 2005, but the case was never assigned to an officer.
My last payment to MBNA was in 2001 prior to it being sold to CACV, do I have any rights as far as statute of limitation? I was told that the court judgement has a limit of 20yrs and at that time it can be extended.
What options are left for me? Should I contact CACV’s attorney to settle this debt? The lien on my credit report is preventing me from getting a home.
Thank you. Also great job putting this website up, you are doing us all a great service.
IN,
Thanks for your comment. It may be too late to vacate this judgment due to SOL of the original account. Were you served officially? If not, you can get this dimissed due to improper service.
Other than that, you may have to settle with CACV.
~Next Level Credit~
I just recieved a summons from CACH, LLC. after the sheriff handed me the summons he pointed out to me that I have less than 7 days before I have to go to court. It states in the summons that I have 30 days to respond. Is tthis legal for them to do? Also, I have read the posts here, How do I counter sue or argue against them right now? Please help. I am in Florida and this is the first time I had this happen to me.
Thnak you
I have been paying Daniel Gordon PC for about 18 months, $800/mo, for a AmEx account. The original AmEx balance was around $ 25,000. We have paid them over $ 12,000 and now the time has come for us to have to stop unless the future construction industry improves.
We never signed anything about these payments, it was all verbal over the phone. We went into this like I said 18 months ago, before I learned about validation letters, etc., or I wouldn’t have ever agreed. Now I know better.
Anyway, I was looking at our AmEx statement the other day and the balance is going down as it should, but it also says minimum payment due is $ 286. Why am I paying $800/month, can’t I just pay the $ 286? And do I have to continue paying Daniel Gordon, PC? I never signed anything and it never went past the “collectors” in the office, no attorney they say had seen it at the point of discussing my payment plan.
If I quit now, I don’t think I can request validation because I have a track record. Do you think this Daniel Gordon bought the debt or is really working for AmEx?
Any info would be great. I have learned a lot in the past year about disputing, just wish I had done it with these guys.
Thanks
Ns,
Thanks for your comment. Usually the defendant has 30 days to file an Answer to the court.
Contact our office for more information on legal resources in Florida.
~Next Level Credit~
HF,
Thanks for your comment. These are interesting facts to read that your Amex balance is decreasing. Dan Gordon is taking $800 and applying it to the $286 would be our assumption. It seems that Amex did not sell this account. ??? Have you tried to ask Amex?
You have acknowledged the debt with Gordon by making payment to them regardless of signing anything. You are correct – there is a record of payments and you will not be able to dispute it.
Now that you have learned alot, you can help someone else. We learn expensive lessons.
~Next Level Credit~
SO I got a call from Daniel Gordons office. Unlike some of the other stories, I was given the option of making manageable payments and then settling the debt in a couple months, as I just graduated from a top notch university, but have not found a job as of yet.
My question is, should I start to make the payments? I do owe the debt and have no problem with a settlement in a couple months, but I want to make sure they are not getting a judgement against me in the meantime or that by signing the payment plan, that I wont be getting myself in trouble somehow. As soon as I said I could do around 75 a month for a couple months, the lady I talked to said she would send me out a payment plan contract. What is the contract about? Should I sign something like that or just tell them that I will pay but wont sign?
Will I be safe making payments to them without a judgement being held against me? If so many people have not received their summons to court, how do I make sure I get mine? Do I need to just keep calling the small claims court in my area to find out?
As you can see, I am confused and would love any input possible. Thanks.
ZZ,
Thanks for your comment. Do not trust that Dan Gordon will take your payments and turn around and serve a summons to you. A call from DG does not mean you have proof in writing. A contract from a CA? Sounds strange.
You need to have the CA validate the alleged debt.
~Next Level Credit~
About a year ago i received a letter and a phone call from a D. Gordon rep. They said i owed in the amount of $3800 on a Chase credit card. The original debt was $2500, but after a year of fighting with Chase about how much i could afford to send them a month, i sent my money to creditors who were willing to work with me. Anyway, after receiving Mr. Gordon’s letter, i called them and prepared to make payments, they said that they would take the $75/month that i offered them and in the future if i wanted to settle they would be available to discuss terms. They sent me a letter to allow them to draw on my checking account for automatic payments(i now realize what a horrible mistake that was) and i receive a monthly notice stating on what date they will deduct the money from my account so i can transfer it. i’ve heard from them twice since the original phone call, once to renew my payment plan, and yesterday to tell me that my payment plan isn’t working out. They claim that the letter sent stated that i was responsible for $5800 and that the 30% interest they were charging is more than the monthly payment i’m making, which has ballooned my balance to just over $6k. They’ve also informed me that i have 3 options.. continue and never pay them off, go to court and lose due to passively agreeing i owe them $5800 by way of my 12 months of payments(which i thought was only a balance of $3800 due to verbal information passed on the initial phone call), or settle by signing a “Confession of Debt” which cancels any further interest, but leaves me with a balance of $6k and a payment plan. Thoughts?
RAinWA,
Thanks for your comment. Dan Gordon is known for suing. They have you in a trap. You have paid them for a year and there is no way to ask for validation. We assume they are in your state of residence which means you would get sued.
As long as you are paying them, we have read that the CA cannot take legal action against you. You need to find an atty who specializes in collection debt and ask. NOTE:they have to specialize in collection debt defense.
~Next Level Credit~
My son had an ebay account on which he owed $84.00. They apparently sold the account to CACH which seems to have paid $400.00 for it since it now shows a payment in that amount from CACH and a credit balance of $316.00. Why would they do that and have you ever heard of this happening before?
KB,
Thanks for your comment. CACH most likely did not pay $400 for that account. Why does the CA raise the amount? Because they want to and there is no one who will stop them. The consumer has to keep complaining to your state AG and when the AG gets enough complaints then another DC will be shut down. Yes it happens all the time.
You will need to challenge CACH. Contact our office for more information.
~Next Level Credit~
I too i’m in a mess with Daniel N Gordon, but i have not setup any payments with him. Wish me luck in court!
I am dealing with this mess from Daniel N. Gordon too. I was served with court papers back in April 2010 but the summons was dated in March. His office is in Oregon & he filed this case in Washington where I live. I finally contacted the office in June. I owe Bank of Amer $12,000 but a rep from this office wants me to sign a proposed “Stipulated Judgement” He offered me a payment plan of $250 per month for 5 years totally $15,000. I asked him “Why do I have to pay the extra $3000″ & he said because of interest for the past few months for some compounded interested since the summon was issued which was in March. I asked him how much the interest rate was & he didn’t have a definite answer so he kept on throwing numbers at me that didn’t make sense & I asked for him to send me a copy of all these calculations & asked him more questions. I asked if he was an attorney at D. Gordon office & he said he was a collector acting on behalf of Daniel Gordon, PC & appologize for any misrepresentation.
My question is should I sign the Stipulated Judgement & mail it back. After reading all these horrible stories about this office. I feel if I agree to pay them & after it’s all paid off…they would find some other excuse for me to pay them more. But if I don’t pay them then they would have a judgement against me, garnish my wage, etc. And that’s what I want to avoid. Please advise….Thanks!
Audi,
Thanks for your comment. We know Dan Gordons behavior very well. We assume you did not answer your summons and go to court. But you do not have a judgment yet. Dan Gordon has their own set of rules.
Go to our ABOUT US page and sign up for a counseling session.
~Next Level Credit~
I am writing because of a letter my husband received from Daniel Gordon’s office. It says they have been retained by Midland Funding, L.L.C. with authority to file a lawsuit for a debt owed. The debt he is referring to is one that is showing on our credit report as being written off by the original creditor, but staying on our report for 5 years. We never signed a contract with Midland Funding, but yet they are turning us in to this lawyer?? It says, at this time, no attorney has personally reviewed the circumstances of the account, but if we fail to contact his office, it will be reviewed to determine whether to sue us. Should we answer this letter? (even tho the amt. is already written off–along with a foreclosure on our house also) Please help. We cannot afford to pay….
SJ-
Thanks for your comment. You received only a letter not a summons. Gordon has a reputation of suing though.
DO NOT talk to that office. You do not owe any money to Midland or Gordon.
Yes you need to write to them. Challenge them. Do not pay.
Go to our home page and sign in for a 15 min analysis and we can tell you what to do next.
~Next Level Credit~
next level credit
Out of the blue we get a letter from Daniel Gordon saying american express is suing us when we were working with CNI a debt company.Daniel Gordons office says they dont have to work with 3rd partys and they are going to sue us
So they start calling and threatened 2x that they were going to put a lien on our house and bank accounts.We politely asked for proof and they said that would never happen. Then we had this man who kept coming to our door scaring our children,by pounding crazy onthe door and screaming.my children arent supose to open the door when im not home.Again
he comes back for the 4th time and my daughter who is 14 answers he shows her a badge and hands her a paper . i get home and she shows me the fake summons and both my children said its the same man that keeps coming here sitting out front of our house.
Then i get a letter trying to get me to pay 60% of our bill and i called them and told them no.I dont trust you and feel i dont owe some random stranger money when i was working with American express.Its not my fault you bought the debt i have no contract with you and your a third party to me.Of course they slammed the phone down but before that they said they needed to see our finances so they coud figure out a payment plan for us .I said no you need to put in writting options for us to look at not what ever you say on the phone
What can i do legallt to get rid of these people?
s.s.
Susan,
Thanks for your comment. It sounds like Gordon did serve a summons which you have to respond to ASAP (if it is filed in court as well) and file an Answer and Affirmative Defenses, Sworn Denial. It may be fake – call the county court clerk. STOP TALKING TO DAN GORDON OFFICE!!!
Gordon is one of the top ten worse CAs in the US. If this is a summons, you need to handle this in court. And you can beat it.
Please go to our home page and fill in form so we can talk 15 min or so.
~Next Level Credit~
hi i recently checked my credit report to see CACH LLC on it(i defaulted on a online payday loan back in may of 2010) i have not recieved any calls or validation of debt. the amount is for 1,179 after reading everything im worried that this company might just pop up and give me a summons to court.what should i do? also it was only report on 2 of the 3 credit agencies.please help
Kris,
Thanks for your comment. You cannot be sued as initial communication. You will receive calls/letters first. CACH does not sue – collection attorneys do depending where you live.
What should you do??? Are you referring to your credit report?
DO NOT answer questions here – you will have to sign in my home page for an analysis and we will tell you what you need to do.
~Next Level Credit~
I recieved a phone call from Harrison Ross Byck about and old Washington Mutual acct. that I owed $1694. The representative that I talk to told me that I could pay $211.75 for 8 months or $1000 total to close the acct. Not knowing my rights, I set up a payment plan of $105.88 bi weekly with the option to pay of the remaining balance of the $1000 (any prior payment were to be deducted from $1000) off. At this time only one draft of $105.88 has me taken from my acct. Can I stop payment on the rest of the drafts and fight this thing or am I traped. Any info will help.
TP,
Thanks for your comment. First of all, YES you can stop paying.
Second, stop talking to them and close that account.
Third, that is too much too settle for and we do NOT settle. Do not pay any CA.
Go to our home page and sign in name, number and time EST for today to talk to us.
~Next Level Credit~
Unfortunately, with the ruling in the Brent v. Midland Class Action Lawsuit in Ohio, fraudulent affidavits that were once acknowledged as frauds are now suddenly acceptable and no longer fraud. Midland-Encore says they have change their affidavits to conform to a revisions stipulated by the court however, I have one of those Affidavits in my possession dated after the time in which Midland is said to have ceased using the fraud-based Affidavits (robo-signed affidavits, that ought to tell you something) and it is still based and says as much that it the affiant has personal knowledge of the alleged account in my case and she does not, she cannot know, yet now with this ruling Judge Katz has sold us down the river. Whereas he previously stood up to them and required them to change their affidavits, they have not done so in fact. But, no doubt due to a significant deposit to his financial portfolio, he has now reversed himself and everything old is new again.
The courts in this country are corrupt to the core, obviously, and Judge Katz leads the parade in my book.
Hi I had a debt from HSBC that was sold off to CACH LLC Attorney John C. Bonewicz. I have been making payments to them since Feb. 2011 in amounts of $500/month. Well I can NOT afford to do this amount. I can do $300 but not the $500. They are threatening to take me to court if I don’t make the full $500/month. Plus due to my husband’s job loss we are going to file bankruptcy in November. If I choose to ignore CACH will they have time to take me to court before November???? I am so tired of the harassment!
Ann,
Thanks for your comment. There are many things you can do. You have options. DO NOT PAY THEM A DIME!!! Stop paying them!
Sign in for an analysis on our home page today.
~Next Level Credit~
Hi. I have been receiving phone calls from Harold E. Scherr, Attorney at Law, Longwood, FL at my office in regards to a debt. I refuse to discuss this matter at my job so i have not answered. I have NEVER spoken to these people. Next thing i knew- i got a call from HR where apparently these people told my HR department that if i didn’t call them back they would be garnishing my wages. That was about two months ago. I’m not very debt savvy but…isn’t that illegal? Now they are going to take me to court – can i use this in my favor? Any advise would be greatly appreciated.
Thanks.
Tara,
Thanks for your comment. It is illegal. You were served a summons? How do you know Scherr is taking you to court?
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~Next Level Credit~
I received a summons from Daniel N. Gordon, P.C. alleging a breach of contract regarding an account I had with Chase Bank. The case number is hand-written at the top right of the document, and I after reading several personal experiences on this site and others, I am sure that I do not want to settle with them or set up a payment plan. I am still within my 30-day limit to respond in court, but am running out of time.
Unfortunately, I read all this information AFTER I telephoned his “office”. They recorded the call during which I named a number (roughly half of what I owe) and told them that I could get them this amount by the end of the month. The representative told me that he would be contacting me in a couple of days to let me know whether or not they will be accepting that offer.
Good news is that I never provided any bank information and still have time to answer in court. I’m feeling overwhelmed now. What are my next steps? Should I file an answer? If so, what then? I do not dispute that I owe this debt. I just want to make sure that my repayment is going to the right place.
Thank you for any light you can shed on the situation.
STK
STK
Thanks for your comment. YES you HAVE to file an Answer and Affirmative Defenses ASAP!!! Or else you WILL get a judgment against you. You do NOT owe DG a dime. Is the plaintiff Chase? Chase is not suing you – Chase has nothing to do with this.
STOP talking to DG office. They will call you but do not talk to them. This is a legal case. He is the WORST CA and you need to fight and win.
Don’t worry about the recorded calls.
See this and use it now. It will explain step by step what you need to file back to the court.
http://nextlevelunlimited.net/answer-summons.php
Click on legal kung fu
~Next Level Credit~
Sorry I am new to all this, never happened before and do not want to be stupid
I got a odd phone call, when I answered phone a guy says are you ?, (name) and I said yes
I asked what it was about and the guy says he was calling for a lawyer
I asked for a name and he gave me just a first name
He then asked if this was my address and last 4 digits of SS number
I again asked what it was about and all he would say it was personal
I told him if he would not tell me exactly what this was about that I would not give any info
including if the address and SS he stated was true or not.
He stated well if you do not want to agree that in fact address is correct he would assume it is
I kept asking for more info and got a story that it was federal illegal to say what it was about other then personal.
This went on for like 10 minutes and I would not give any info and he finally said he would call again and hung up
I took the phone number showing on my phone and did a search on internet to find it was from some lawyer’s office in Oregon named Daniel N Gordon PC
I then did a search of that name to find he is a real scumbag who does collections and would stab his own mother in the back if he could make a buck
Questions, as reading a lot on him and not knowing fact
1. If they call back should I even answer the phone or if I do tell them nothing ?
2. It appears he likes to use the cops to bang on door to give lawsuit papers, is that true ?
3. If so could he like tomorrow find out and go to my bank and take what little money I have ?
4. If he sues could he on purpose file so I’d have to go hundreds of miles where he is located which I could not afford to do or does he have to file in my city ?
5. Generally how quickly from this 1st call could they attack your bank or could they even take property like your car ?
Thanks
It seems I’m one among many in this boat. I, too, received a letter from Daniel N. Gordon P.C. — dated 11/28/11. It states “This firm has retained the authority to file a lawsuit against you for the debt owed by you to Midland Funding LLC, purchaser of your CHASE BANK USA debt.”
The debt they refer to is a balance on a credit card I had to stop paying on due to job loss in January this year. (I am still currently unemployed, receiving no state aid or unemployment benefits).
I have yet to contact this Mr. Gordon or his office. I’ve never spoken to him or anyone else about this debt. I had never spoken with Midland Funding LLC, either.
It does state that at this time no attorney has personally reviewed the circumstances of the account but if I fail to contact his office, it will be reviewed to determine whether to sue me. From what I’ve read online, it would be wise that I should answer this letter (by written correspondence only), but am at a loss what I should say! I would not be able to agree to a payment plan of any specific amount or duration. I would greatly appreciate any advice at all, thank you!
Teamzr1,
Thanks for your comment. Based on your analysis, you have a severe case of ID Theft.
However, you will have to challenge Dan Gordon in the meantime until you clear up the ID Theft.
~Next Level Credit~
Brynna,
Thanks for your comment. Sorry for the delayed response. We overlooked this post.
This is a typical collection letter although do not ignore from this CA. You will need to challenge DG and we can give you advice for this.
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~Next Level Credit~
I got a phone call from these people today regarding my neighbor. They asked if she or he still lived there and I said yes before thinking about who I was talking to. They asked if I had a phone # and I said no. This guy named Eric from Daniel Gordon’s office when asked who he was stated it was a personal business that they needed to get in touch w/them. After looking up his named off my caller ID, I regret I said anything. Should I let my neighbors know they contacted me? I asked Eric how he got my # and he stated he put the address in the computer white pages and w/the addres my number was listed w/the address they had for them because they were not in the white pages. I feel bad I said anything. How shady is this Law Firm??
Stacy
Thanks for your comment. Is this WA or Oregon?
YES you need to tell your neighbors and tell them to go to our site – how you found us and we will talk to them.
This is CRITICAL for them before it gets worse.
Tell them to sign in to our home page name and number mon-fri EST.
We help many people get rid of Dan Gordon.
~Next Level Credit~