Messerli & Kramer IGNORING MY REQUEST TO CEASE CONTACT AND DEMANDING ME TO PAY THEM ripoff PLYMOUTH Minnesota

Debtorboards.com

This web site has a ton of good info on how to handle situations such as yourself.

I have used their methods with great success on how to deal with debt collectors and collection attorneys.

It is not a site to help you weasel out of paying a legitimately owed debt, it is a site that helps you fight back against crooked debt collectors and collection attorneys.

Might also check out BudHibbs.com. He has good information on abusive debt collectors.

Rick

I would like to see the docs you are talking about. Please put the link in this report.

Tim

Interesting information. Thanks for the info.



To the author of this report.

I wish you the best. I am just starting my battle against Messerli & Kramer. The letter goes out tomorrow. These dirtbags are collecting on fraudulent debt. I will be filing a complaint against them with Minnesota Attorney General's office and Federal Trade Commission.

I just disputed LVNV funding and got it removed. So the dirtbags sell it to these mobsters. They claim they are collecting for Sears National Bank. Account was paid off back in 2000. Anyone know who Livingstion Financial is? Can find a thing on this mobster outfit.

They sent a nasty letter. They also added 3,000 to the disputed amount reported
by LVNV Funding in March 2007. They got in trouble with the Minn A.G's office for this in 2005. I just wonder what amount of interest is being added to the disputed amount. I say 60%. Do I hear any other guesses. The orginal disputed amount was 2,200. They won't get one red cent. I will fight them by demanding discovery.

These bozo's need to be shutdown. FTC needs to take action.

Good luck to you and Happy New Year.

Marites,

I am an attorney licensed in the State of Indiana. As such, I know the law but cannot legally give you "legal" advice. So take what I say as general advice and not necessarily sound legal direction. Only an attorney who is licensed to practice law in your state can give you viable legal advice. You must also bear in mind that by rendering the following advice, I am not acting as your attorney, there is no attorney-client relationship between the two of us, and nothing that is stated herein is subject to the attorney-client privilege.

With all that mumbo-jumbo out of the way, here is how I would proceed.

First, send them a certified, notarized letter ordering them to cease and decist from any further collection activities. Inform them that you dispute the debt, that you will be examining your credit report regularly, and that you will vigorously prosecute any and all FDCPA and/or FCRA violations.

Second, examine your credit reports for any blemishes related to this alleged debt. If you find any, file a dispute with the credit reporting company, send the collector a letter demanding removal of the negative report, and file a claim for an FCRA violation.

Third, sit back and wait. If they take no further action, then you have nothing to worry about.

If, on the other hand, they take legal action against you, you will need to contest the action either by showing that they cannot validate the debt, that the debt is time-barred, or that the debt was discharged in your bankruptcy.

Should they obtain a judgment against you, you may need to take steps to protect yourself from garnishments and liens. Each state has exemption laws that protect minimal income and minimal asset levels from most judgments. Should things get to this point, you will most definitely need a lawyer (in fact, you'll need a lawyer as soon as you receive a complaint and summons - don't take the advice of well-meaning RoR regulars who may urge you to do this on your own).

You say you opened no credit cards since bankruptcy in 1998.... then you say "I signed up with Auriton Solutions last March 1, 2002 in Rosevile a credit card counselling service".

If you had no credit cards how did you, or why did you sign up for CCCS?

Just wondering because that kind of jumped out at me when I read the posts.....

You say you opened no credit cards since bankruptcy in 1998.... then you say "I signed up with Auriton Solutions last March 1, 2002 in Rosevile a credit card counselling service".

If you had no credit cards how did you, or why did you sign up for CCCS?

Just wondering because that kind of jumped out at me when I read the posts.....

You say you opened no credit cards since bankruptcy in 1998.... then you say "I signed up with Auriton Solutions last March 1, 2002 in Rosevile a credit card counselling service".

If you had no credit cards how did you, or why did you sign up for CCCS?

Just wondering because that kind of jumped out at me when I read the posts.....

You say you opened no credit cards since bankruptcy in 1998.... then you say "I signed up with Auriton Solutions last March 1, 2002 in Rosevile a credit card counselling service".

If you had no credit cards how did you, or why did you sign up for CCCS?

Just wondering because that kind of jumped out at me when I read the posts.....

It's true there are some rotten lawyers out there. People this aggressive typically only respond to an aggressive defense.

In a similar situation, I filed suit in Minnesota State Court for the County of Dakota (where I believe you live). As cause, I stated violation of the Fair Debt Credit Practices Act. I can direct you to a copy of this law and show you the forms I used.

Once you send them a Summons and Complaint, they have 20 days to respond. If they don't respond, I file an Application for Default Judgment (if in Federal Court, don't remember for State).

I demanded the full $1,000 statutory penalty plus expenses. I got it.

Since you're dealing directly with attorneys acting unfairly you may also make headway by filing a complaint with the Bar Association, and the Enforcement Division of the State of Minnesota Commerce Department.

I have been trying to clear and clean my name from this debt. I have ask helped from the Attorney General Office to help me and ask them to provide me more information about this debt. With the information on file, I could see it clearly. I signed up with Auriton Solutions last March 1, 2002 in Rosevile a credit card counselling service and I believe that the ARIA Visa Card was part of the debt consolidation but when I check my file with them it was not listed. I am currently receiving Social Security Disability Benefits and working part time. How could I stop them from garnishing my wages? Can they put lein in my home property? Could you please help me how to deal with this people? Thank you.

Marites,

When did they say this debt was from? If you have not opened any credit card accounts since 98, then you are outside the statute of limitations. Minnesota SOL is 6 years. They did the same thing to my mom, and she ended up paying $400 for a debt that didn't even belong to her. Federal violations occured, and she would have won in district court, but they would have pursued it to the next level, and your district court decision would have been overturned and you would lose. The judge and the law office are obviously in this scam together. My mom filed a complaint against them and hasn't heard anything back yet. This happened about 2-3 years ago.

If you request validation/verification from them, all you will get is a photocopy of the terms from a credit card company. You will not be provided anything else. That is their form of validation/verification. It would be in your best interest to ask an attorney to write a letter and demand verification/validation. Send another cease communication letter via certified mail as Steve has suggested.

Remind them in that letter they have ignored your prvious written request to cease communication. I just wish you luck. My mom got an attorney and still ended up paying $400 for something that wasn't hers to begin with. Not to mention getting a call from a different collection agency demanding payment about 6 months ago for the same debt. SCUM, SCUM, SCUM!

FYI, Minnesota Attorney General did sue Messerli & Kramer. Search their name and you should find it. If not, go to the Minnesota Department of Commerce website and you can find it archived there.

Good Luck

Marites,

Getting results depends on what you write and how you send it.

You need to send a DEBT VALIDATION request where you clearly deny the debt, and DEMAND to see whatever you allegedly signed to create it, as well as a complete account history and itemization of charges.

Send this by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for your records. This proves WHAT you sent.

Now, when they violate your request, you can sue them for up to $1000, plus costs.

Also, by the means above, file a Bar Association complaint against them, and a complaint online at ftc.gov.