Shady Lawyer tactics?

K

Kylie

New member
I been receiving calls from a collection company from my former landlord. I told them to stop calling me but they continue to. The other day I got a call from them telling me I have a court date the next Saturday. But I was never served. I told them I would have to talk to my lawyer and then I hung up on them.
Now there is this guy who left me a voice mail; he left his contact information and name but he did not tell me why he is calling or who he is working for, he just said he wants to talks to me.
I think they are trying to intimidate me and get me to slip up, so they can build a case.

I thought since they are filing a suit, I don't have to talk to them. I only have to show at court. Is it my legal right not to talk to them at all and just wait till when I am served and show up in court?
What do you think, and what should I do? Do I have to show up for the court case though I was never served and the court he said it was at is not in the jurisdiction that the case took place.

thanks
Tina you are a daft, for making prejudgments. You no nothing of this civil suit. Never again reply to any of my question. You have been blocked.I owe them no money, they owe me money and I have already filed a suit against them for my money.
 
i just got a similar call . they wanted me to confirm last two digits of my ss # . this sounds phishy . i told them to send me a letter and that i was calling the police .
 
They can call you. You don't have to talk. Simple as that. Hang up the phone when they call. Screan your calls. And next time pay your bills.
 
Ok, lets sort this out as it sounds as if you have many situations going on at the same time.

First, if you want them to stop calling you, write them a cease and desist letter. You can find one of those examples on the internet or a legal website. That should legally stop them from calling you.

Second, if they are taking you to court in a landlord/tennant action, yes, you most certainly do need to be served notice of the upcomming hearing date.

As far as jurisdiction, it is where the complainant lives. The one doing the filing. So, even if the rental unit is in one town but the landlord lives in another, the filing would be in the landlords address.

As far as that phone call, yes you are right. You dont have to talk to them since they are claiming they are filing a lawsuit. In fact, I would advise against speaking with them. You see, when they file the lawsuit along with the date of the hearing, you will also recieve a copy of the actual filing, which will have the details of what they are complaining or requesting of the courts. If you get this notification, just read the complaint and begin your defense. Gather your documents and present them at the hearing. I wouldnt speak with this guy either.

Sounds like they are intimidating you also. In fact, look at it this way, if you KNEW you had a good case, wouldnt you just attempt one call to resolve it, but when that did not work, just file a complaint in court and have it resolved there. You wouldnt go to all these lengths like calling all the time and then having someone else calling you that wants to "meet with you" unless you felt you really didnt stand a chance in court and were going to try and get what you want through "other methods," kind of like what it sounds like they are pulling on you right now? Of course you would.
 
While in many cases it might actually help you to talk to the opposition and work out a settlement prior to the often more drastic court process, unless you are actually being spoken to be an investigative officer you are under no duress from the law to speak.

You might have inadvertently signed away the right to be quiet and not loose something by going into contract, but I doubt this is the case.

Generally, the law has more rights to question than a private person or business. Stopping a person to question is part and parcel of what is known as a search and seizure in many cases; a warrant is generally preferred by the courts, even when the new conserrfative laws such as the "Patriot Act" or one of the many laws spawned by that infamous attack on civil liberties in the USA allows a police officer to stop and question you.

In the State on Maine, however, such inquiry by police has long been accepted and refusal to cooperate with one might reasonably consider an improper search and seizure might in and of itself constitute a crime.

So be careful you are not speaking to a court officer.

If you are, refusing to cooperate might be a very bad thing.
 
Talk to them ONE more time. Get their company name and address. And then thank them and hang up. As long as it's a THIRD party collection agency (the creditor is the First party, and the debtor is the Second party), you can send them a Cease & Desist Order by Certified Mail. Go online to get the form letter through a search by Debt Collection Cease & Desist Letter. The company is required by law to comply.

As I said, send it Certified Mail. That way, if they continue to harass you, you have legal proof that they've been told to stop. You can actually sue THEM for violation. If the Certified Letter comes back unaccepted, you have proof that you acted in Good Faith, and they did not.

Your debt is between you and your creditor, not some third party goon squad hired by the creditor. If they tell you that they no longer can negotiate the debt because they've transferred it, then they've sold it, relinquished their right to it, and you owe nothing. (It's still legal to show as negative in your credit report, though.)
 
Talk to them ONE more time. Get their company name and address. And then thank them and hang up. As long as it's a THIRD party collection agency (the creditor is the First party, and the debtor is the Second party), you can send them a Cease & Desist Order by Certified Mail. Go online to get the form letter through a search by Debt Collection Cease & Desist Letter. The company is required by law to comply.

As I said, send it Certified Mail. That way, if they continue to harass you, you have legal proof that they've been told to stop. You can actually sue THEM for violation. If the Certified Letter comes back unaccepted, you have proof that you acted in Good Faith, and they did not.

Your debt is between you and your creditor, not some third party goon squad hired by the creditor. If they tell you that they no longer can negotiate the debt because they've transferred it, then they've sold it, relinquished their right to it, and you owe nothing. (It's still legal to show as negative in your credit report, though.)
 
Talk to them ONE more time. Get their company name and address. And then thank them and hang up. As long as it's a THIRD party collection agency (the creditor is the First party, and the debtor is the Second party), you can send them a Cease & Desist Order by Certified Mail. Go online to get the form letter through a search by Debt Collection Cease & Desist Letter. The company is required by law to comply.

As I said, send it Certified Mail. That way, if they continue to harass you, you have legal proof that they've been told to stop. You can actually sue THEM for violation. If the Certified Letter comes back unaccepted, you have proof that you acted in Good Faith, and they did not.

Your debt is between you and your creditor, not some third party goon squad hired by the creditor. If they tell you that they no longer can negotiate the debt because they've transferred it, then they've sold it, relinquished their right to it, and you owe nothing. (It's still legal to show as negative in your credit report, though.)
 
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