• Report: #616371

Complaint Review: Goldsmith & Hull Law Offices

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  • Submitted: Tue, June 22, 2010
  • Updated: Wed, June 23, 2010

  • Reported By: David — del rey California United States of America
Goldsmith & Hull Law Offices
16933 Parthenia St. Northridge, California United States of America

Goldsmith & Hull Law Offices Our rented house accidentally burned down, and it wasn't our fault. They want us to pay $216,482.65!!!!! Northridge, California

*Consumer Comment: You have no case under FDCPA

*Author of original report: RE: Confused

*Author of original report: This was a rental house

*Consumer Comment: Confused

*Consumer Comment: Your not going to like this..

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I received a letter today in the mail from the afore stated collection agency aka law office of the Goldsmith & Hull on b/o State Farm General Insurance Company.

This is regarding our house that burned down last July 4th. The Fire Marshal ruled it an unknown cause.

The letter states that "if full payment is not received within thirty (30) days, you will have left us with no alternative but to pursue all legal remedies, to recover the full amount due plus Court costs, interest, and attorney's fees, if applicable."

According to the Rosenthal Fair Debt Collection Practices Act and the Federal Fair Debt Collection Practices Act, "they may not harrass you by using threats of violence or arrest or by using obscene language".

They clearly threaten that if we don't pay $216,482.65 in full by 30 days after June 7th, they will take legal actions.

This doesn't make any sense to us, either! Why should we pay so much money for an accident that was not our fault in the first place?? We don't have that money. We don't even have the money to pay for a lawyer to fight this.

And what person in this economy can come up with $216,428.65 in 30 days??


This report was posted on Ripoff Report on 06/22/2010 08:35 PM and is a permanent record located here: http://www.ripoffreport.com/r/Goldsmith-Hull-Law-Offices/Northridge-California-91343/Goldsmith-Hull-Law-Offices-Our-rented-house-accidentally-burned-down-and-it-wasnt-our-616371. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 3Consumer 0Employee/Owner
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#1 Consumer Comment

You have no case under FDCPA

AUTHOR: Inspector - (USA)

This was most likely a home that was uninsured since it was an older home in the country like you said, and the owner is grasping for some kind of compensation.  Many homes here in Pennsylvania have no insurance.  They are owned outright and have been in the family for some time.


Collect and keep all evidence including any reports that deny your negligence in the fire.  Check the web for legal assistance for those that cannot afford it.  

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#2 Author of original report

RE: Confused

AUTHOR: David - (USA)

That's exactly my point! We are not in anyway responsible for the fire AND the owner had insurance. This should have already been taken care of. We have no idea why they are coming after us. And there is no way we can pay that much money anyway.
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#3 Author of original report

This was a rental house

AUTHOR: David - (USA)

Sorry, i forgot to mention that this was a rental house. and was an old, run-down house in the contry side.


*Plus the owner had insurance on it.


*All our stuff got burned up too!!!


The fire started in the garage and spread all over the house fast, giving us no time to take any of our stuff....


Please somebody HELP!

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#4 Consumer Comment

Confused

AUTHOR: Stacey - (U.S.A.)

In your heading you state that this was a rental house - therefore if this was a rental then the owner should have had insurance on the home.  My question is what is the reason they are coming after you?

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#5 Consumer Comment

Your not going to like this..

AUTHOR: Robert - (U.S.A.)

This sounds like you were renting a house and did not have Renters Insurance.  As if you did this would probably be a mute point.  Not knowing all of the details it sounds as a renter you are being held either partially(or fully) responsible for the damage.  Just as if you had a car without insurance.  Say you flipped it on the freeway totalling the car.  Even though it was an accident, the bank is still going to require you to pay the remaining balance on the loan.


As for the Rosenthal(California) FDCPA and the Federal FDCPA if that is the worst thing they said that letter is within the law.  There was no violence, obsecene language or threats of arrest.  What there was is the statement that they will pursue all legal remedies.  This means that they will probably file suit against you.  That is not a threat..it is a REAL action they can take. 


As much as you don't like it you need a lawyer.  It may cost you a couple hundred to a couple thousand dollars, but if they can find a way out of it that may save you 200K.  If they don't get you out of it..not to make light of this but what would it really matter if you owe $216,482 or $217,482?


CA allows wage garnishment and attaching of your bank accounts.  So if you have either of those they can take further legal actions(once they get a judgment) to garnish your wages or attach your bank accounts.  In this case you may want to consider Bankruptcy, again AFTER consulting a lawyer. 


 

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