Willyfingers102
Junior Member
Pennsylvania
The following outlines the facts of a civil judgment against me where attorney xxxxxxxx xxxxxxx Co. L.P.A. who was representing Capital One Bank appear to have knowingly and unethically abused civil process through concealment of relevant facts to obtain a judgment to enhance effectiveness of collection efforts. The case also represents practices that violate the Fair Debt Collection Practices Act as well as general professional and ethical standards and conduct for attorneys and debt collection agencies.
Bucks County PA
Case# xxxxxxxx
Judgement ID – xxxxxxx
11/28/2008 – Civil action began
12/12/2008 – Notice of civil complaint served to an address where I did not reside but rather my father xxxxxxxx xxxxxxx Jr. resided and was served to a manager of the property and not to the address where they believed I resided.
1/21/09 – My father (is JR and I am the III) filed answers to interrogatories on his own behalf. I have not signed any of the documents relevant to this case or acknowledged them in any way due to being completely unaware of these proceeding against me. It is at this time that an unprofessional and unethical abuse of process continued in this case which had begun at the time of indirect service to the property manager. Knowing concealment of relevant facts of the case include my father’s averment that he was not the current accurate defendant or original debtor, attorney’s lack of identity verification with whom he was corresponding with (my father and not myself who allegedly owes the original debt allowed this case to continue to judgment without my having the opportunity to represent myself or obtain representation in a case where I have not had the original debt even verified as mine.
11/4/2009 – They receive the judgment for $3604 and added interest of $796.81.
7/28/11 – Execute a writ to garnish bank account with two tenants present without any contact from the plaintiff that judgment was executed against me as I had no involvement in the civil proceedings due to the aforementioned.
9/6/12 – Letter comes to hand of the attorney from my father reiterating the aforementioned information as they had continued to harass him regarding the case and negatively impacting his health through their harassment (heart condition and diabetes.)
What I have attempted so far:
Filed with BBB 9/21/13 – Unresolved
Filed with Supreme Court of PA Discliplinary Board 2/14/14 – Rejected my complaint- unresolved due to no proof of him knowingly abusing process
Filed with Office of the Attorney General – Received a call from an intern – pending but she received the same response as the BBB “proper service and received an answer from plaintiff”
Do I have any recourse at this point? I have the answer that he filed and the letter that he wrote to cease and desist and my signature is on nothing.
The following outlines the facts of a civil judgment against me where attorney xxxxxxxx xxxxxxx Co. L.P.A. who was representing Capital One Bank appear to have knowingly and unethically abused civil process through concealment of relevant facts to obtain a judgment to enhance effectiveness of collection efforts. The case also represents practices that violate the Fair Debt Collection Practices Act as well as general professional and ethical standards and conduct for attorneys and debt collection agencies.
Bucks County PA
Case# xxxxxxxx
Judgement ID – xxxxxxx
11/28/2008 – Civil action began
12/12/2008 – Notice of civil complaint served to an address where I did not reside but rather my father xxxxxxxx xxxxxxx Jr. resided and was served to a manager of the property and not to the address where they believed I resided.
1/21/09 – My father (is JR and I am the III) filed answers to interrogatories on his own behalf. I have not signed any of the documents relevant to this case or acknowledged them in any way due to being completely unaware of these proceeding against me. It is at this time that an unprofessional and unethical abuse of process continued in this case which had begun at the time of indirect service to the property manager. Knowing concealment of relevant facts of the case include my father’s averment that he was not the current accurate defendant or original debtor, attorney’s lack of identity verification with whom he was corresponding with (my father and not myself who allegedly owes the original debt allowed this case to continue to judgment without my having the opportunity to represent myself or obtain representation in a case where I have not had the original debt even verified as mine.
11/4/2009 – They receive the judgment for $3604 and added interest of $796.81.
7/28/11 – Execute a writ to garnish bank account with two tenants present without any contact from the plaintiff that judgment was executed against me as I had no involvement in the civil proceedings due to the aforementioned.
9/6/12 – Letter comes to hand of the attorney from my father reiterating the aforementioned information as they had continued to harass him regarding the case and negatively impacting his health through their harassment (heart condition and diabetes.)
What I have attempted so far:
Filed with BBB 9/21/13 – Unresolved
Filed with Supreme Court of PA Discliplinary Board 2/14/14 – Rejected my complaint- unresolved due to no proof of him knowingly abusing process
Filed with Office of the Attorney General – Received a call from an intern – pending but she received the same response as the BBB “proper service and received an answer from plaintiff”
Do I have any recourse at this point? I have the answer that he filed and the letter that he wrote to cease and desist and my signature is on nothing.
