• Report: #648878

Complaint Review: Johnson Riddle & Mark LLC

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  • Submitted: Fri, October 08, 2010
  • Updated: Mon, October 11, 2010

  • Reported By: beccarae — Salt Lake City Utah United States of America
Johnson Riddle & Mark LLC
11778 S. Election Drive, Suite 240 Draper, Utah United States of America

Johnson Riddle & Mark LLC Johnson Mark LLC Obtained Judgement Without Notifying Me and are Now Garnishing My Bank Account! Draper, Utah

*Consumer Suggestion: One more thing

*Consumer Comment: FYI

*Consumer Comment: How did they get your bank account #?

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I have been trying to make payment arrangements on my Capital One account since September 2009.  Like so many others here, it was like pulling teeth to get them to tell me who they were, what they waned and how in the world a $500.00 debt became $1,600.00!  Each time I offered what little I could pay, they said that wasn't enough.  When I offered $15.00/month I was told it had to be $25.00.  Two weeks later I offered $25.00/month and was told it had to be $45.00.  I said I couldn't pay that and their response was "I'll let the company know of your refusal to pay".  I said "I think it would be more accurate that you let them know of your refusal to ACCEPT my payment".  How can I pay a debt at all if the collection agency won't take any money?

 Not only did they call me (from a number that I couldn't call back), but they also called my husband's and 16 year old son's cell phones demanding to speak with me.  Note: They never attempted to call my cell phone before they called my husband or son.  I was standing right next to my husband when they called him.  He said "Why don't you call her?" Their response?  "Because we're calling you."

 In June/July this year I spoke with Jessica James and advised her that I will have completed paying on a medical bill in September, and offered $100.00/month beginning in October.  She said "Oh, I couldn't take less than $150.00."  So...she's refusing a payment too.  I can't pay this bill no matter how I try!

 Two weeks ago, I got a call from my bank stating that they had a judgement and had taken more than half of what was in my checking account to pay this bill.  Funny enough, it was less than I would have given if she had accepted my payments on the phone.

We have requested a hearing with the judge, and will call the court every day to assure that they can't win by default by scheduling the hearing without our knowledge.

 


This report was posted on Ripoff Report on 10/08/2010 11:16 AM and is a permanent record located here: http://www.ripoffreport.com/r/Johnson-Riddle-Mark-LLC/Draper-Utah-84020/Johnson-Riddle-Mark-LLC-Johnson-Mark-LLC-Obtained-Judgement-Without-Notifying-Me-and-are-648878. 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:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

One more thing

AUTHOR: Jeanski - (USA)

John has provided some excellent advice, but I'd like to add one more detail. In order to prove they served you at the wrong address, you'll have to show they knew the CORRECT address. So save any correspondence from them sent to the correct address, and pay attention to the date in which it was mailed.  If you can show the court they had your correct address before the date shown on the summons (which presumably has the incorrect address) then it should be a slam-dunk.
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#2 Consumer Comment

FYI

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

Judgments cannot come out of the clear blue sky and debt collectors (nor banks) cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgment is assessed...only THEN they can freeze your bank accounts...

Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then, an automatic default judgment is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address.

It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgment vacated.

Hire an attorney if you can afford one to assist you: Go to the clerk of the court of the court that granted the judgment. You want copies of all documents in the case against you. You want to examine the 'proof of service' documents to determine who/where service is claimed to have been performed. File a motion with the court to have the judgment vacated because the plaintiff improper served you

If you are sure that you were not served: Send a letter via certified with return receipt (Not regular mail) to the law office and state: I am requesting official validation of the alleged summons that was served to me, to include:
- The full name of the person who served the summons
- The full name of the person who signed for the summons
- A copy of delivery notice showing the signature
- The exact address that the summons was delivered to
- The date and time of delivery.

Receipt of this letter is being officially time stamped by the USPS. Refusal to validate will be documented.
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#3 Consumer Comment

How did they get your bank account #?

AUTHOR: Steph - (USA)

I would go to the bank and see if you can close the account and reopen it with new #s . If they refuse demand they close it and go to another bank.


Capitol one can be assholes. I used to have an account with them and closed the account and paid it off. I vowed never to have another account with these scums.  They tried to talk me out of it


Also never give bank imformation over the phone collection agencies cannot be trusted they will wipe your account clean.


If they did this judgement with you knowing about it I do not think that is legal.


I would talk to a lawyer to be sure because I'm not

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