What is the name of your state (only U.S. law)? California
(Sorry this is so long.) A debt buyer/collection service sued me and filed a default judgment in 2010.
I believe their attorney (whose office address is the same as the collection service) is engaged in collection abuse as well as charging several illegal fees to my judgment. One of the things he has done is twice schedule a debtor asset hearing, have me served, and then cancel for no reason. This last week he canceled two days before the hearing and I was not notified by mail until the day after the hearing was to take place. So of course I showed up.
This adds several charges on to the amount of the judgment, even though the attorney canceled. There are other unexplained charges on the memorandums of credits, but I am just beginning to look into those.
In addition to the fees piling up, I believe this is a scare tactic because a summons is served each time, which is pretty disturbing. Then there is anticipating this unpleasant hearing. It is very stressful.
In all fairness, the instances of scheduling and canceling the debtors assets hearings are years apart but I believe this is something this attorney does regularly. In my brief (so far) research, I saw found case (same collection agency, same attorney) where the asset hearing was scheduled and canceled by the attorney. I think he has no intention of attending the hearings.
Does this sound like illegal fee charging and/or FDCPA violation for scare tactics?
Thank you
(Sorry this is so long.) A debt buyer/collection service sued me and filed a default judgment in 2010.
I believe their attorney (whose office address is the same as the collection service) is engaged in collection abuse as well as charging several illegal fees to my judgment. One of the things he has done is twice schedule a debtor asset hearing, have me served, and then cancel for no reason. This last week he canceled two days before the hearing and I was not notified by mail until the day after the hearing was to take place. So of course I showed up.
This adds several charges on to the amount of the judgment, even though the attorney canceled. There are other unexplained charges on the memorandums of credits, but I am just beginning to look into those.
In addition to the fees piling up, I believe this is a scare tactic because a summons is served each time, which is pretty disturbing. Then there is anticipating this unpleasant hearing. It is very stressful.
In all fairness, the instances of scheduling and canceling the debtors assets hearings are years apart but I believe this is something this attorney does regularly. In my brief (so far) research, I saw found case (same collection agency, same attorney) where the asset hearing was scheduled and canceled by the attorney. I think he has no intention of attending the hearings.
Does this sound like illegal fee charging and/or FDCPA violation for scare tactics?
Thank you