[Mrsawd]

My question involves collection proceedings in the State of: Pa

When plaintiffs( Debt Collector )actually fail to appear in court they did not appear at magistrates office and they did not appear at confrence hearing for a civil suit they are making a complaint on !

1 ,What normally happens isn't this reason for Case dismissal ?

and 2, if they do not show up can a judge over rule defendants preliminary Objections?

it this case Both partys failed to show I believe due to an error bcause the Plaintiff filed amended brief in thier complaint and then the Defendant filed objections and answer to the amendament Defendant was instucted at the prothonatarys office in person that hearing would have to be moved to a different date !Due to legal timing !

The defendant does not know whether the plaintiffs were instructed of a different date or not !

I believe that an apologiy along with showing cause for the missed hearing
along with request for reconsideration
and request for dissmisal since plaintiff not only did not show for either hearing so far would be proper precedures

3, can some one tell me if this is right ?

[SaM5246]

Your post is very difficult to read. Can you repost it in using proper grammar?

[Mrsawd]

Plaintiffs Fail to Appear

--------------------------------------------------------------------------------
My question involves collection proceedings in the State of: Pa

When plaintiffs( Debt Collector )actually fail to appear in court they did not appear at magistrates office and they did not appear at confrence hearing for a civil suit they are making a complaint on !

1 ,What normally happens isn't this reason for Case dismissal ?

and 2, if they do not show up can a judge over rule defendants preliminary Objections?

it this case Both partys failed to show I believe due to an error because the Plaintiff filed amended brief in thier complaint and then the Defendant filed objections and answer to the amendament Defendant was instucted at the prothonatarys office in person that hearing would have to be moved to a different date !Due to legal timing !

Plaintiff filed complaint
Defendant filed Preliminary objections
Plaintiff filed amended complaint
Defendant files the objection to the complaint with an answer of denial

I have also with the prelinminary paper work sent a sworn denial statement with my answer !


was instructed at the prothonatarys office when filed the objections and an answer to the complaint that the hearing would be rescheduled due to time frame of all the paper work in this matter
,but instead they held a hearing with a both party no show !


The Judge over rulled the Preliminary objections of the defendant !
stating that parties were were not present !
nothing else is stated on the letter from the court !


I believe that an apologiy along with showing cause for the missed hearing
along with request for reconsideration
and request for dissmisal since plaintiff not only did not show for either hearing so far would be proper precedures

3, can some one tell me if this is right ?

or
should the paper work be and Appeal with apology with reason the hearing was missed and ask for a reconsideration of the preliminary objections!
and asking for something (Contract ) signed by the defendant since they have not submitted any thing to prove thier was a contract that existed !
all they have submitted was a forwad flow agreement between them DEBT COLLECTOR AND CREDIT CARD COMPANY and a sale of the account paper affidavit between the debt collector and the credit card company !

which dose not prove anything between defendant and the said alledged original creditor !

I have also with the preliminary paper work sent a sworn denial statement with my answer !

[aaron]

The judge has ruled. You can stop fretting over what you think the judge should have done, as you have your ruling.

If you made a proper demand for discovery and you believe the defendant hasn't fulfilled its duties in responding to discovery, file a motion to compel.

[Mrsawd]

What is the ruling other than over ruled the Preliminary objections ?

I am not understanding there was not other information on the Letter from the Court !

There is no judgement against defendant or any thing like that !

or any other hearings or any thing like that !

[Mr. Knowitall]

You seem to have a poor understanding of court procedure, and even less ability to describe what you believe is happening in court. You need a lawyer.

[Mrsawd]

Just wanted to say I evidently Under stand fairly well !

this case was at magistrate July 20th 2008 where Debt Collector did not show

Complaint filed in the Court Aug 15th 2008 I recieved certified mail like Aug 20th
You have 20 days to respond then 10 day in or you are in complete default !

I filed Preliminary Objections and supporting Brief 9 /17/08 to this

they filed and amended Complaint Oct 1st 2008

I filed and Appeal to ammended Complaint and an answer

They filed a subpeonia for me to Produce 10/08
I filed and appeal on the Subpeonia to produce10/21/08 and Filed a subpeonia for them to produce ! 10 21/08

Case dismissed ! 11/17/08 with out Prejuduce !

Yes I know they are going to try to sell it fast !
on an account , closed account 3/04

this alone gives me more reason to pick up an attorney fast !
Sue them for all the letters of proof that I have and the sale of they do it !
when they know it is an invalid debt to sell to extend further harrament !

I do understand the Laws enough to know they have to prove they have a right to collect a bill ! 3 years of harrasment should be good !
which they did not have any signed Contracts from me and had no correct information ! for thier Forward flow agreement and a sale from Credit card holder to themselves is not legal proof of any thing !
Scare Tactics once again!

I do Know that a debt Collector is not allowed to intimidate some one by saying they are an Attorney !
Or by calling them names as a thief or a G D Bit or using profanity or obscentities in any way shape of form
or calling all the time harrassing , or hang up calls
I also know that they are not allowed to give out false information to other People other than yourself including they are not allowed to contact you place of work letting messages while giving out information!



I also do know they are not allowed to attempt to try to collect false amounts of money !
I do know Credit card companys are not allowed to add fees on a closed account !
I know they are not allowed to place on some ones credit records that they are Attorneys and misrepresent any portion of a bill to the Credit reporting agencys !
I have so many letters of proofs of the illegal things these People did in this case that if I find an Attorney right quick that I could sue for a very large amount of money only because I am not an attorney my self I will not do myself But I am fairly sure thier are attorneys out thier that would take my case when they see Paper work I have they would be more than glad to take on and represent for Pro bono because it is open and shut proof of the ignorances and up to 1000.00 for each letter ! credit reports showing them selves as Debt Collectors/attorneys and also misrepresenting actions of a alledged debt (False Dates !and letters of attempt to collect 1000's for years they had no legal standing to collect !


Yes they have been turned in to the FTC and the Attorney Generals Office II have letter ready to send for a complete investigation and I have a number to contact the BBB to get all this on thier records ! Credit Card Companies and Debt Collectors like this are rediculous and a shame to the Americans then they wonder why this Country is in Bad shape!

What is more disgracful is when you have actual Court Documents and the Credit reporting agencis refuse to take things off of your credit reports giving you the reason that the collectors them selves have to remove it like the Court systems does not have any say so even when you are providing them the papers ! Maybe more Like Me need to sue the bureaus for the ignorances of not complying with Court Documents !
They sure know how to ruin People !
================================================== ===


Also in a separate case I also know that my relative will be getting ahold of a the FTC and the BBB and The Attorney Generals Office due to false info on a case against CACH LLC for the ignorances thay have preformed on proof that He has that a suit ahas been filed against him on also on thier so calle alledged case !

On a request for a preacipe that was Served this past week to him for a case that was to have been originally filed 2/09/08 or approxiamately that date ! I am fileing an appeal request on the preacipe along with Preliminary objections and a brief in support Of !

I may not be an attorney but there is a lot of information out there for all if all you look it up ! Or have some one that is willing to help give you locations to look it up at !


I have to say thank you for not helpuing me much for I did dig because I was not getting any info from posting here !

Attorney Generals sites are great for info or places to look to get info !
or calling them!
Laws are stated on these sites that make you look for further information that will help you if you keep on looking ! as long as you can read

You really do not have to pay bills that you do not owe ! when you have Proofs ! Keep records names dates times of calls and I will say the One thing that I have learned is recorders are a grand item ! Every one should own one that hooks right up to thier Phone ! with a recording that every one is being recoreded that speaks on this number or line !

[Mrsawd]

Just want to post this so that others may see !

They need to check on the Debt Collectors and the tactics they are using when most are not even legal !

http://www.ripoffreport.com/
Here is stories and 1 place to report also more info inside !
Collect America Franchisees:

Law Office of Sam W. Streeter, Houston, TX

Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ

Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA

Law Office of Thomas K. Bamford, Dallas, TX

Harold E. Scherr, Attorney at Law, Longwood, FL

Bronson and Migliaccio Attorneys, Williamsville, NY

Bronson and Migliaccio Attorneys, Elmwood Park, NJ

Phillips and Cohen and Associates, Westampton, NJ

Law Office of Larry Roach, Copley Twp, OH

Phillip Scott Lowery P.C., Denver, CO

Law Office of Joe Pezzuto, Phoenix, AZ

Law Office of J. Anthony Cambece, Boston, MA

Workman Law Office, P.A., Jacksonville, FL

Collect America, LTD, Denver, CO

Gamache and Myers, St Louis, MO

P. Scott Lowery, P.C., Tulsa, OK

Law Office of Wilfred E. Briesemeister, Montclair, CA

Harrison Ross Byck, Morrisville, PA

Daniels & Norelli, P.C., Westbury, NY

Davis Law Office, Russell A. Davis, Solana Beach, CA

Richard DeJana & Associates, Kalispell, MT

Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)

Daniel N. Gordon, P.C., Eugene, OR

Mims, Jerry M., Attorney, Islip Terrace, NY

Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX

(represents CACV & CACH)

(*May not accurately reflect all franchisees)
CACV of Colorado


Also more names and addresses that may not be included !

May not accurately reflect all franchisees)
CACV of Colorado , LLC. which stands for Collect America Collection Vehicle and CACH, LLC are the debt purchasing arms of Collect America. Lowery and associates reportedly purchase these accounts for pennies on the dollar, then attempt to collect on the full value. Collect America does place these accounts on credit bureau reports under the names CACV, CACH and Collect America. Under provisions of federal law, the Fair Credit Reporting Act (FCRA), they may NOT stay past the date of last activity as stated by the original creditor and the information and amounts reflected MUST be accurate, as stipulated by federal law.


Most all these debts they are calling on are very old and in most instances these debts were write-offs. Most of the time you might get a call from 3-5 different numbers these people have set up. This scam is going on in full force and it will take full state and federal action to shut these skumbags down.






Please read

One of the largest debt buyer organizations in America In 2005, Collect America owner Phillip Scott Lowery reportedly sold his operations for $350 MILLION to an organization called First Analysis Private Equity Fund IV, in collaboration with co-investor KRG Capital.

The Collect America system is comprised of approximately thirty franchisee's across the country, with an attorney name on their door. Some of the attorneys such as Sam W. Streeter of Houston, have been dubbed ‘Rent-A-Lawyers' due to their total lack of debt collection law and Fair Debt Collection Practices Act (FDCPA) experience.


some have same name in different States !