Javitch, Block, Rathbone LLC LIARS,LIARS GETTING RICH FROM YOU -IF YOU LET THEM !!! Cleveland Ohio

To Marva from Cuyahoga- from personal experience I have learned that collection attornies like Javitch will lie and put their lies in writing even in a Court of law. The good news is you can still stop them from taking money you don't owe them -even if you didn't keep records from 1999!! Who does that?

#1) DO NOT TALK TO THEM ON THE PHONE- DO NOT ADMIT OR AGREE THAT YOU OWE THEM MONEY. How do you know Javitch, Block, Rathbone ( the collection agency they represent) even have a legal right to claim money from you? You don't know and the court doesn't know and the LAW says collection agency has to PROVE they do. THEY have to VALIDATE/ PROVE their claims about the alleged account.

If you can not afford an attorney you might qualify for State of Ohio Legal Aid. If not, the VERY BEST,most informative websites on what to do in collection cases are www.askhelpdesk.com INVALUABLE GUIDE to writing affirmative defenses and answers to claims and answers to interogatories Also www.CreditInfocenter.com has tons of legal information and cite laws and court cases for defense. Creditinfocenter sells a book with a CD "Good Credit is SEXY" a stupid name BUT WORTH EVERY CENT because the cd gives you copies of legal forms, how and what to write in Motions, letters ect. I think it was around $25. CHEAP CHEAP CHEAP price for the knowledge you gain.

***MOST IMPORTANT OF ALL --send Javitch, Block, Rathbone A CERTIFIED, WITH RETURN RECEIPT, letter telling them you dispute their claim and request the following validation :

A) You want proof that the ALLEGED account number even belongs to you. You want an ORIGINAL signed loan application, dated, with YOUR signature on it (to compare writing), including account number.

B) You want proof of a signed, dated Terms and Agreement with your signature on it that would bind you to pay them anything. Or a signed CONTRACT between Midland collection agency and YOU that shows a creditor /debtor agreement.

C) Proof of signed, dated, BONI FIDE, documents of assignment or purchase of account.

D) ALL documents generated on account from time alleged account was open to present. All monthly statements showing the date and amount of purchase. All interest and any fees charged that would prove you owe the amount they say you owe

E) PROOF that alleged account is not past the SOL. (statute of limitations

*After four years in OH on a credit card- you are NOT LEGALLY OBLIGATED TO PAY ANYONE unless you agree or admit you owe alleged amount. In that case the time for SOL will begin again.

IMPORTANT_ if you haven't gotten a court summons yet - MAKE SURE YOU WRITE YOUR RESPONSE AND SEND IT TO THE COURT WITHIN TIME FRAME LISTED (10 days?) when you do get it. Dispute the claim. You do not have suffient knowledge to agree or deny. If possible write an answer to each claim made by plaintiff . Usually listed paragraph 1- 5. Google Affirmative Defenses and Answers- you'll find examples to follow.

SHOW UP AT YOUR PRETRIAL HEARING WHETHER YOU HAVE A LAWYER or not.
Tell the Judge you have written a letter requesting validation of claim . Have the certified, signed returned mail receipt to show Judge. Most probably attorney will not have the validation you requested and mandated by FDCPA. It's a call their bluff kind of thing - most credit card issuers will not keep records that long. DO NOT CALL THE ORIGINAL CREDITOR FOR COPIES-YOU WILL BE RESTARTING SOL and they are not obligated to validate anything.

BEST ANALOGY- If you owe a house payment and someone comes up to you and says" Hey Marva you owe DADA DADA Bank $xyz dollars and DADA DADA Bank has assigned me to collect the payment from you" Would you give someone you don't know your house payment just because they said the Bank assigned them to collect it ? Of course not.

No one wants to default on a loan and most people do not want destroyed credit rating. If you could have paid your bill you would have. Now the original creditor will not get the money anyway. If you pay a collection agency that default loan will still show on your credit report for 7 years.

Good Luck, God Bless, and Keep Googling for help.

Patricia
northwood, Ohio
U.S.A.