Fraud
Complaint
paige
Country: United States
I am being sued by Mary Jane Elliott in Novi, MI for a Washington Mutual credit card that I have never had. I asked for verification of debt at which they laughed and said they would sue me. Sure enough, I have received the summons and complaint.
I called JP Morgan/Chase who purchased Washington Mutual who said I do not now or have I ever had an account with Washington Mutual. They also said that since Washington Mutual has very publicly went under, many unscrupulous collection agencies and low-level attorneys are using Washington Mutual's name and harassing people.
If you search Mary Jane Elliott on the internet you will see that this pathetic agency is fraudulently suing many people!
I called JP Morgan/Chase who purchased Washington Mutual who said I do not now or have I ever had an account with Washington Mutual. They also said that since Washington Mutual has very publicly went under, many unscrupulous collection agencies and low-level attorneys are using Washington Mutual's name and harassing people.
If you search Mary Jane Elliott on the internet you will see that this pathetic agency is fraudulently suing many people!
Comments
Be sure to respond to their suit. You would be wise to contact an attorney with expertise in FDCPA and consumer debt law, since it is likely that they have, or will, violate FDCPA, allowing you to countersue for statutory and actual damages, including attorney's fees.
For example, they were required to notify you of your right to dispute or request validation of the debt within 5 days of their original contact (if by phone), or included in their initial letter. In addition, if you did request validation within 30 days of receiving that letter, they were required to cease collection activity until they provided it. If they continued collection activity, including sueing, without providing validaiton, you might countersue under FDCPA.
Note that violations of FDCPA are independent of whether any debt is even owed. You still need to respond to their lawsuit, however if they sued with no basis or nothing to indicate you were the correct debtor, that also might allow you to sue them under FDCPA.
You might try www.naca.net
You and your mother should get an attorney. Accounts this old often have problems with availability of reliable information from the original creditor to substantiate the debt, and if you challenge their claim, they may not be able to prove it's owed.
At over 11 years old, this account may be past SOL in your state, and you may have the case thrown out of court for that reason, but that is a defence you need to raise for the court to decide on that basis.
In addition, if they knowingly filed suit after SOL had expired, they may be in violation of FDCPA, for which you could sue THEM. If they filed suit against your mother, and she was not actually on the account, then she might also be able to separately sue them.
You might try www.naca.net to find a consumer attorney in your state.
Thanks!!!
This is extremely disquieting, to find that she's suing people without legal basis.
and this informationj will prove helpful.
You go to law school, you pass the bar, you pay your dues, you're "legit".
Nothing stops you from filing suit against consumers with no basis to believe they owe some debt. Your client says they do, that's enough for you.
Most debt collection lawsuits end in default judgements either because the consumer never responds, does not even know how to respond, cannot or believes they cannot afford an attorney, or never even got served. Default judgements are the bread and butter of debt collection attorneys.
I'm not sure if its against the law for her to freeze social security money and unemployment money.
Just got a garnishment disclosure myself, after I have already had a consent judgment to pay monthly payments. Dont know how she can STEAL my tax return when the judgment is to pay monthly , which I have done so and also am not behind any payments. I hope she rots in hell for all eternity