• Report: #334450

Complaint Review: Wolpoff & Abramson, L.L.P

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  • Submitted: Fri, May 23, 2008
  • Updated: Sat, May 24, 2008

  • Reported By:Dauphin Pennsylvania
Wolpoff & Abramson, L.L.P
4660 Trindle Rd, Suite 300 Camp Hill, Pennsylvania U.S.A.

Wolpoff & Abramson, L.L.P Wolpoff & Abramson ,palisades Collection froze my bank account leaving me broke! Camp Hill Pennsylvania

*Consumer Suggestion: Shadiness or a missing piece to the puzzle?

*Consumer Suggestion: Shadiness or a missing piece to the puzzle?

*Consumer Suggestion: Shadiness or a missing piece to the puzzle?

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In December, 2007, I received a certified letter from a local District Justice office allowing me to know that Wolpoff & Abramson were trying to place a judgement against me for a past phone bill with Verizon. The hearing date was set for 2/12/08. Two weeks before the hearing, I called the number listed on the notice and spoke with a man who was able to set me up with a payment plan to pay this past debt. I don't argue that the debt is just. I paid them the initial payment amount and agreed by phone to pay $135 each month after that to pay this off.

Of course, medical bills came up that had to be paid first so I was unable to pay my monthly payment. I tried to contact the same man that I had originally spoken to, but could not get anyone to anser the number I had.
Two weeks ago I received another notice that stated that a judgement had been entered against me and that it was $1000 over the amount of the actual bill. No where on this notice nor any other piece of correspondence did it say that my bank account was in jeopardy. If I had been able to speak with someone, I could have agreed to garnishing my wages for the monthly payment.

This morning I went to the grocery store to pick up some much needed items and was told to call my bank when I went to use my debit card. I called and they told me that they had a court order to freeze my account! One day after I got paid from my job and I'm completely broke!!

I've tried, again, unsuccessfully, to call the collection lawyers (W&A) to try to work something out with them. This outstanding bill was about 4 years old, but I would have tried, if I had the funds, to eventually get it paid.

Now, here, I am, a single mother of two young girls, completely penniless. My rent is due today and my car payment is due tomorrow. Now nothing will get paid and with 1/2 tank of gas, it's even doubtful that I'll be able to get back and forth to work for more than a few days. I'm working a full time job and clean houses part time on my days off. If someone would just answer the phone there, maybe we could work something out. I'd be more than happy to allow my wages to be garnished for the monthly payment, but to take everything I have and leave me with two children and no way to get to work!!! I'm just so angry at myself and upset at them right now!

Tonya
Dauphin, Pennsylvania
U.S.A.

This report was posted on Ripoff Report on 05/23/2008 09:10 AM and is a permanent record located here: http://www.ripoffreport.com/r/Wolpoff-Abramson-LLP/Camp-Hill-Pennsylvania-17011/Wolpoff-Abramson-LLP-Wolpoff-Abramson-palisades-Collection-froze-my-bank-account-l-334450. 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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Updates & Rebuttals

#1 Consumer Suggestion

Shadiness or a missing piece to the puzzle?

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

When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct?

However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date?

Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did.

So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account.

I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires."

It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category.

I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements.

Best regards!
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#2 Consumer Suggestion

Shadiness or a missing piece to the puzzle?

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

When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct?

However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date?

Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did.

So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account.

I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires."

It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category.

I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements.

Best regards!
Respond to this report!
What's this?

#3 Consumer Suggestion

Shadiness or a missing piece to the puzzle?

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

When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct?

However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date?

Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did.

So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account.

I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires."

It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category.

I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements.

Best regards!
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