• Report: #400090

Complaint Review: Law Offices Howard Lee Schiff, P.C.

  • Submitted: Wed, December 10, 2008
  • Updated: Thu, December 11, 2008

  • Reported By:san diego California
Law Offices Howard Lee Schiff, P.C.
510 Tolland Street P.O. Box 280245 East Hartford, Connecticut U.S.A.

Law Offices Howard Lee Schiff, P.C. Stole my money, drained my account. Due to using wrong social security number. East Hartford Connecticut

*Consumer Comment: These usually start with a collection agency- which collection agency started this?

*Consumer Suggestion: I assume you and your brother have different first names...

*Consumer Suggestion: While technically they don't have the right to get your money....

*Consumer Comment: RE:

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Yesterday I noticed that over $500 was taken out of my account by The Law Offices Howard Lee Schiff, and then found out they had put a levy on my bank account. I owe no debt.

They took money from the wrong account because I have the same Last name as my brother who I barely speak with. Of note he has used my S.S. # in the past "accidently".

When I told the Law Office of this, they basically said, so what. And they refuse to credit my bank account. In addition I learned that they plan to keep my seizing my account until they get over $3,000. I can't afford this and can't afford a Lawyer. Though the company I am working for does offer a free consultation with one of there lawyers.

Any advice.

Jamie
san diego, California
U.S.A.

This report was posted on Ripoff Report on 12/10/2008 07:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/Law-Offices-Howard-Lee-Schiff-PC/East-Hartford-Connecticut-06128-0245/Law-Offices-Howard-Lee-Schiff-PC-Stole-my-money-drained-my-account-Due-to-using-wron-400090. 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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#1 Consumer Comment

These usually start with a collection agency- which collection agency started this?

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

Lawyers usually do not get involved until the Collection Agency tires of trying to collect it themselves. Then they are usually rent a lawyers - as sleazy as the collection agency themselves if not worse.

go www.budhibbs.com - a consumer advocate website that specializes in collections and the illegal tactics collection agencies use to steal money they legally cannot collect as well as the sleazy tactics the lawyers that work for them use. (lie falsifying court documents)

You can also find YOUR own lawyer who is familiar with collections - not all of them are qualified to work on collection issues.
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#2 Consumer Suggestion

I assume you and your brother have different first names...

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

If so, then you should file a suit against the lawyer (Schiff) and your BANK.

Here is your case:

1. The judgment is against John Doe.
2. You are James Doe.
3. The lawyer illegally seized James Doe's assets to pay John Doe's debts.
4. The bank, as the depository of your financial assets, has a fiduciary responsibility to you to protect those assets.
5. The bank, by mechanically using only a Social Security Number as an identifier, and not the name of the debtor, illegally allowed your assets to be taken to pay a debt that you clearly do not owe. The Levy Order served on the bank clearly shows John Doe as the debtor, not James Doe.
6. This has caused you severe mental anguish and financial ruin.

Therefore you demand judgment against each defendant, jointly and severally, in the amount of $100,000,000 (or some other similar sum) plus punitive damages.

Go see a psychiatrist and complain that you cannot sleep night because of this, your wife has left you for a wealthy man because of this and the dog even pees on your leg because of this. Make your case for mental anguish and sue teh bastards.
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#3 Consumer Suggestion

While technically they don't have the right to get your money....

AUTHOR: J G Shrugged - (U.S.A.)

You mentioned that your brother used your SSN "accidentally". How exactly does that happen?

You are a victim of identity theft, and in order to protect your rights you need to file charges. Which means jail for your brother.

If you don't do that, the creditor and many judges will assume that you allowed the use of your SSN, and by default should help pay for your brother's mistake.
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#4 Consumer Comment

RE:

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

Were you officially served a summons to appear in court by this company prior to having your checking account frozen? If you did and you either failed to file a response and/or show up in court, then they got a default judgement against you. Not showing up = default judgement, even if the debt is not yours. If this is the case, there is nothing you can really do.


If you did NOT receive a summons:

It should always be a matter of concern when bank accounts get frozen without any prior, advance notification. Judgments cannot come out of the clear blue sky and debt collectors cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons with a confirmed court docket # and court date....this is usually done by a sheriff or a process server. A court date is established and on that date you face your creditor. If they win and a judgement 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.... boom....an automatic default judgement 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 judgement voided.

If you feel that this is what happened to you, then you need to get copies of all relevant court documents proving that you were not served properly and then you should file a motion to have the judgement dismissed.
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