• Report: #246546

Complaint Review: Hyat, hyat & Landau

  • Submitted: Wed, May 02, 2007
  • Updated: Wed, May 02, 2007

  • Reported By:west palm beach Florida
Hyat, hyat & Landau
7765 Sw 87th Ave Miami, Florida U.S.A.

Hyat, hyat ,& Landau attempteming to garnish wages of a unkwn Mid Land Credit Management account ripoff Miami Florida

*Consumer Suggestion: I FORGOT --- STEVE AND J - DON'T YELL

*Consumer Suggestion: SAMPLE LETTER TO DISPUTE THE CLAIM

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The reason that I am requesting this report be filed due to after speaking to Ms Maria Averhoff whom is handling to acct.

In speaking to her i found that the account was originally represented by Mid Land Credit Mgt.

when asked for the credit card company name I was told Household visa, the account was established 3-1-1998 and recieved by them in 2004.

The reason for the contact was due an attempt made on behalf of hayt,hyat & landau to garnish my husbands wages do to a judgement that was supposed to have been filed in 2004 or 2005.

My husband in from the West Indies and is terrified of creditors when calling therefor he always payes his debts.

We have no recollection of such an account ever! He has even made payments to this company, until when i found out about it in 2005 because no one could verify any account info.

I was told that a judgement was filed and wage garnishment was now the only way to settle this yet unkwn account.

They are also attempting to pursue his place of employment due to the refusal to submitt payments to them.

I am in need of help, we knew nothing about a hearing or any debt owed for that matter.

Tanjala
west palm beach, Florida
U.S.A.

This report was posted on Ripoff Report on 05/02/2007 12:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/Hyat-hyat-Landau/Miami-Florida-33173/Hyat-hyat-Landau-attempteming-to-garnish-wages-of-a-unkwn-Mid-Land-Credit-Management-a-246546. 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 Suggestion

I FORGOT --- STEVE AND J - DON'T YELL

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

Send the letter certified with return receipt requested .... you don't sign the letter because your signature could appear on documents you never signed ....
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#2 Consumer Suggestion

SAMPLE LETTER TO DISPUTE THE CLAIM

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

The only way they could have gotten a judgement is via the court system and you had to have gotten notice of this action.

Collection agencies are starting to catch on to the debt validation concept. (No doubt there is some kind of collection agency newsletter going around telling these folks about the whole process.) I've heard from my readers that some collection agencies are starting to respond to validation requests with summons to appear in court.

There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case: Spears vs. Brennan

This means that you have an absolute defense in court to deny them judgment if they still have not validated the debt. Once you get your FDCPA dispute letter in, the collector cannot even get a judgment until they satisfy the FDCPA law. The appeals court overturned the default summary judgment in part because the collection agency lawyer did not meet the rules of the FDCPA.
This could be grounds for getting a default judgment vacated. It's also another violation of the FDCPA and you can collect $1,000 from them.


SAMPLE LETTER

Date

Your Name
Mailing Address
City, State, Zip



Name of Collection Agency
Mailing Address
City, State, Zip

CERTIFICATION NUMBER

Re: Dispute of Collection Action: Case # ________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.]

To [person whose name appears on agency's notice to you]:

On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting.
Please provide me with the following:
h What the money you say I owe is for;
h Explain and show me how you calculated what you say I owe;
h Provide me with copies of any papers that show I agreed to pay what you say I owe;
h Provide a verification or copy of any judgment if applicable;
h Identify the original creditor;
h Prove the Statute of Limitations has not expired on this account
h Show me that you are licensed to collect in my state
h Provide me with your license numbers and Registered Agent

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.
This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.

Please provide me with the following:
h What the money you say I owe is for;
h Explain and show me how you calculated what you say I owe;
h Provide me with copies of any papers that show I agreed to pay what you say I owe;
h Provide a verification or copy of any judgment if applicable;
h Identify the original creditor;
h Prove the Statute of Limitations has not expired on this account
h Show me that you are licensed to collect in my state
h Provide me with your license numbers and Registered Agent

In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.

Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.

I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.


Sincerely,

PRINT OR TYPE YOUE NAME DO NOT SIGN
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