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  1. #1
    Join Date
    Dec 2007
    Posts
    13

    Default Is There Anything I Can Do?

    I have lived in Missouri for several years and at the end of 2007 I had major problems with a collection attorney in Ohio. A year before moving, I had a dispute with a bulk mailing company in Ohio. I never signed any contracts with them, they supposedly took care of some bulk mailing for me, but I later found out that most of the mailings were not delivered. I disputed a bill that was sent for these services and never heard anything more. Fast forward two years, and I am self employed in Missouri as an entertainer. An attorney from Ohio files a small claims case against me and has the paperwork sent to one of my clients that he must have found on my performance schedule. I receive the notice two days before the court date, try to contact the court house, faxed a letter giving the details of my residency. After the court date, my client once again receives my mail indicating that a default judgement has been rendered. I again try to contact the courts as I believe I was improperly served and the venue was incorrect. I then receive a notice of debtors exam in Ohio. I contact the court and the attorney because there is no possible way of me making a return trip to Ohio for this. The attorney sends me a letter that the court forwarded him my objections and that if I do not show up for the examination or make a one time settlement payment, a warrant will be issued for my arrest due to contempt of court. I paid the settlement amount , I had made an appointment with an attorney, but the earliest I could get in was a week after the debtor's exam date.

    I think this entire situation was handled incorrectly by the collection attorney. Is there anything I can do? Were collection laws violated?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Is There Anything I Can Do?

    You paid the settlement? Then you should get a satisfaction of judgment from the attorney, and that should resolve the matter.

    The time to have asked, "What should I do", unfortunately, was when you were initially served. At the very tail end, your having already sent in a settlement check, there's not much we can suggest to you.

  3. #3
    Join Date
    Dec 2007
    Posts
    13

    Default Re: Is There Anything I Can Do?

    I did try to get advice when this was going on, but never got a response online. I was advised to send the court a letter detailing the problems with the service and my residency. The next thing I heard about was the debtors exam. I immediately made an appointment with an attorney, but because of the holidays I was unable to get in to see him until the week after the scheduled exam.

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