I want to inform other consumers about the illegal tactics that debt collector Pasadena Receivables, Inc./Peroutka & Peroutka use to collect debts. This company go by the name Pasadena Receivebles, Inc. However, Pasadena Receivables, Inc. and Peroutka & Peroutka are one in the same. This company is in the business of purchasing charged-off credit card debts.
I had a Citibank credit card that charged-off in August, 2002. I was the "Individual" cardholder of this account. My fiance' was "Authorized User" on the account. Once the card charged-off Citibank sold the receivable to NCOP Capital, Inc. and NCOP later sold the receivable to Pasadena Receivables, Inc./Peroutka & Peroutka. Stephen G. Peroutka is the attorney behind Pasadena Receivables, Inc./Peroutka & Peroutka. It is he who actually purchases these receivables.
On Septemeber 2, 2004, Pasdaena Receivables, Inc. filed a lawsuit in the District Court of Maryland charging that I was in default of the Citibank contract. In their court affidavits they falsely stated that the contract agreement with Citibank was a "Joint" account. The account was an "Individual" account. Never was the account Joint. In their lawsuit, they intentionally and maliciously named by fiance' as co-defendant in the lawsuit when they were fully knowledgeable of the fact that he was merely an "Authorized User." It is beleived that they intentionally my fiance' because he is employed. I am not. By naming fiance' assured them that they would collect the debt. Pasadena Receivables, Inc.//Peroutka & Peroutka are willing to use all means necessary to collect on a debt, including, violating consumer rights', comitting perjury, and defrauding the court.
Authorized users on an account are not "legally" or "contractually" responsible for the debt incurred because they never sign the application/contract agreement. Only the "Individual" or "Joint" cardholders are legally and contractually responsible given that they sign the application/contract agreement which bind them to the terms and conditions set forth.
My fiance' missed the trial date due to sickness and a default judgment was entered against him in August, 2005. The default judgment gave Pasadena Receivables, Inc. the opportunity to garnish his wages. And, that is what they did.
My fiance' filed a motion of "Defense of Garnishment on Wages" with the District court. He also requested a hearing. In his motion, he submitted authentic douments, credit reports, showing his authorized user status on the account. However, the court denied the motion to reverse the garnishment and to grant him a hearing.
On the otherhand, Pasadena Receivables, Inc. did not submit "any" concrete evidence in his lawsuit as to whom the debt belongs. The documents that accompanied Pasadena Receivables lawsuit; any person with competency and access to a computer could have created those documents. "None of the documents submitted by Pasadena Receivebales were authentic." Yet, the court ruled in favor of Pasadena Receivables, Inc.
Since, I was the Individual cardholder of the Citibank account and in fairness to my fiance', I wrote to the presiding judge a motion to "Vacate the Judgment" against my fiance' because he is not "legally" or "contractually" responsible for the debt incurred. This is solely my resposnbility. In my request for motion to vacate judgment, I too, submitted authenitc documents, credit reports, that show my "Individual" status on the account.
I also submitted my Equifax credit report showing that on June 18, 2004, Peroutka & Peroutka had inquired my credit file less than three months of him initiating his lawsuit. This evidence shows that Pasadena Receivables, Inc./Peroutka & Peroutka intentionally and maliciously named my fiance' as joint accountholder to collect this debt.
When they inquired my credit report on June 18, 2004, it was proven on this date that the Citibank account was an Individual account and not a Joint account.
Currently, we awaiting an answer on the motion to vacate the judgment.
CONSUMERS PLEASE AWARE OF "PASADENEA RECEIVABLES, INC./PEROUTKA & PEROUTKA." More importantly, as Bud Hibbs has stated time and time again, "DO NOT ALLOW SCAVENGER DEBT COLLECTORS THE UPPER HAND." They have the capacity of ruining your life. And, you will have to fight tirelessly to get your way out of it. And, from my story above, as you can see, it is not easy fighting your way out of it. Once a default judgment has been entered, the courts are not all sympathetic to your concerns. Especially, if you incurred the debt and are in fact the debtor.
"EVEN IT'S YOUR DEBT, GO TO COURT." DO NOT MISS YOUR TRIAL DATE!!! It is very true what Bud Hibbs has been stating that these scavenger debt collectors rarely have the original documents on the account. If they cannot prove who the debt belongs the case perhaps will be dismissed. Make certain that the statue of limitation has not passed on the debt. If it has the debt collector can not collect! Please refer to the statue of limitaion for your state. As each state is different.
BUD HIBBS has been extremely helpful! It is comforting to know that he is an outreach to consumers. He lets it be known that you are not in your situation alone. However, Bud Hibbs cannot do the job all by himself! We as consumers must outreach to other consumers, therefore, we can put an end to corrupt debt collectors!!!
PLEASE USE MY SITUATION AS GUIDANCE! I WISH EVERYONE PAY CLOSE ATTENTION!!!
Silver Spring, Maryland