Complaint

+1
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!

Comments

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  • 0
    THNS
    THEY NEEVER TOLD ME THAT I COULD VALIDATE MY ACCOUNT. But when I first got the papers from the court and contacted them they told me there was nothing got could be done since they got a judgement and that I had to pay. BUt I do not remember the account AT ALL....
  • 0
    DM Pursell
    I was served with a "Summons and Complaint" by Mary Jane Elliott, and the officer who served it said that she cannot take my sister's disability, which is our sole source of income, and that since I am her caretaker, I should write Ms. Elliott and inform her of this. Is this the right thing to do, and if so, how should I go about it?
  • 0
    lili B
    Mary Jane elliot garnishee my state tax refund this year for a 4900 dlls debt on a credit card that is not mine. I never got served court papers and after contacting Bank of America which issued the card (1995), Mary Jane told me "lady lawyers also have to eat, too bad you have to pay for it". I want to file for identity theft because I am not sure how she got my info. Bank of america has no record or any info about me, the onlything they have is that the wife of the man who has or had the credit card has the same name as me. What should I do, or where should I go?
  • 0
    greenleaf
    Well, I have complied with resolving this as quickly as possible.  This situation now sits waiting for Elliott to do the right thing.  I have to say they failed to send the first dunning letter and failed to follow the fair debt practice act at every turn.  But this is simply a matter of the rich get richer and the middle class become poor.  I have to hope for karma to have its own justice.  I'm still waiting for this to be over and no I do not have any respect for this company.  The profile sez there is 3 people working there in fact there must be 30 people working there.  Are there any truthful attorney's these days?  
    When I say waiting for Elliott to do the right thing, that means to file the paper work with the court to finish this up, they have the money they wanted but I'm not free of this debt.  No it is not personal but the karma will be.
  • 0
    tj
    Sounds like they sued someone else, either served them and not you or did "sewer service", got a judgement, probably by default, then executed it against your tax refund, "in error", even though BofA's identification information did not match you.

    Contact a consumer attorney immediately, as it may be possible to vacate the judgement and reverse the garnishment due to the error in identification, the failure to serve you, the failure to send you notice of the garnishment, filing in the wrong venue, etc.

    You may also be able to sue them under FDCPA, for one or more of the above, which since FDCPA allows courts to award attorney fees, may assist you in getting representation.  You might try www.naca.net
  • 0
    Lynn L
    Oh my goodness... My disabled husband just recieved a default judgement from the 53rd district court in MI for Mary Jane Elliott and Midland FundingLLC. I immidiately went to the computer to look them up, and all I can find are sites after sites of complaints. What do we do now?
    We never received a letter, a summons, anything. I could not have overlooked it because, we have been trying to deal with our debt for a year. I sent letters to all of our creditors a year ago to get verification of debt and possibly work to pay them off. We never heard anything from Washington Mutual/Chase or Midland, or Elliott.
    I wonder if she gets these judgements just because she can claim verification can not be found since WAMU went out of business?
    lynn
  • 0
    Carlynn
    How do you plan to fight without an attorney? I am being sued by them supposedly by a company that i currently have a credit card with. I have paid them via garnishment $1070 on what they told me was a $1865 bill.  I paid it because i didnt realize i could fight it and didnt want my employer to get in trouble for not following the law. I never received anything prior to the garnishment but just did it. I know stupid.  They are now telling me I still owe $1400 plus.  I asked them to tell me how they came up with that amount and was told for $5 more they could send me an accounting of my money. Are you kidding me? You want me to pay you to tell me how my money is being handled?  I dont know what to do or even where to start with this crap.  I dont have money to hire an attorney so I feel lost. Any suggestions would help!  Thanks
  • 0
    Erin
    I received a summons from this lawyer regarding an old credit card. I never received phone calls or letters, statements, etc. from her. All of a sudden, I have a process server at my front door. I did not file an answer to the court. I've never been sued before. I wasn't really sure what any of this meant. I did call the lawyer to try to stop this and make payment arrangements. They want an amount of money each month that I really can not afford. How can I stop this or is it too late since I didn't file an answer with the court?
  • 0
    sue
    I got a collection letter from mary jane, I sent back a note telling them I would make payments until paid off. They never agreed they would just cash the money order I sent and then send a new letter with the new amount owed. I had one payment left and received a summons from the court, I sent back a note to the court and to mary jane stating i had been making payments and would make the final one shortly. I have paid it off but now I got a letter from the court for a pre-trial. I called the court to find out what was going on since this was paid off and have not had a return call. Why should I have to take time off work to go to court for something I don't even owe anymore. Mary Jane is quick to want to take your money but does not seem to want to correct this. I guess now I have to call her office.
    Help
  • 0
    kay
    WOW, I too had been sued by her. I however do admit to the account that I owe on; however, she requested a 7 day ruling against me...HELLO, I didn't go to law school...what the heck is a 7 day ruling? Anyway that was a month ago...I took out all my money from my checking/savings (which wasn't much)...I am planning on having my husband open an account in his name only so I can contuniue to pay my bills w/o the worry of her levying my bank accounts. Luckily for me sad for her that I am considered self-employed so she cannot ganish my wages AND I pay into state taxes so there is never anything there for her to take.  Does anyone know, can she garnish my husbands accounts or payroll? I do not see how she could since my SSN would not be associated with it, but he is my husband.
  • 0
    1218
    If the Statue of Limitations has passed already, can I dispute it?. I had a debt back from 1999, that that she sued me on, and I had been paying for sometime but stopped in 2009, when I got laid off.

    What she's doing is so wrong, and somebody needs to stop her!
  • 0
    MelissaK
    Man, I wish I would have read all this before I let the default judgment hit me.  Shame on me for not researching the scumbag first...

    I did actually owe someone money, but it was over five years ago, I should've fought against it, instead of caving like a scared rabbit.

    Well, good luck to those of you who are fighting her!
  • 0
    Charlie
    I recieved a summons and complaint from this scumbag and I responded. We had a court date set for Feb 4th and the scumbag was able to request a change and moved the court date without notifying me. The court says the scumbag had proof of mailing but I never recieved anything. The court says I defaulted and now have to pay this debt. I tried to get the judge to grand me another court date but he wouldn't. Is there anything else I can do?? I'm a single mom with 2 kids and a part-time job. Help:(
  • 0
    tj
    This attorney is showing high rates of complaints of "sewer service" or similar tactics to get default judgements.
  • 0
    Me
    Look, this is Mary Elliott's game -- she's buying bad debt dirt cheap typically because it is past the statute of limitations or there are other issues with it. Then she sues you hoping that you won't follow through or challenge her, and she wins a default judgment.

    In my case I received an initial letter from Elliott's office about a week after the Statute of Limitations on an old credit card expired. A few months later she filed a lawsuit.

    Don't be an idiot -- respond to the lawsuit. I just wrote a brief letter to the court citing the expiration of the Statute of Limitations which led to a pretrial hearing.

    At the pretrial hearing, Mary Elliott's rep maintained that I was wrong about the Statute of Limitations and that according to *her* records, the Statute of Limitations had expired the day after the lawsuit was filed.

    Whatever. The judge then set a date for trial, along with a period for discovery and a deadline for motions.

    Amazingly, even though the attorney with Elliott insisted on the conference call with the judge that the statute of limitations had not expired, a few weeks later I received a communication from Elliott's office with a Stipulation to Dismiss Without Prejudice.
  • 0
    Me
    "If the Statue of Limitations has passed already, can I dispute it?. I had a debt back from 1999, that that she sued me on, and I had been paying for sometime but stopped in 2009, when I got laid off.

    What she's doing is so wrong, and somebody needs to stop her!"

    Yes and no. If this is a Michigan debt, you're going to have to pay her. The Statute of Limitation essentially runs from the last payment you made, so its 6 years after 2009.

    OTOH, its still worth going through the motions of challenging because she may not have the documentation she needs. Her office seems to be very cavalier with documentation and relying excessively on default judgments (does anyone know if she even bothers to litigate cases??)
  • 0
    Bullwinkle
    we have s stipulated consent judgemnt we agreed to over a year ago and have not missed a single paymnet. In last 60 days they are attempting to get our current financial information and asking us to pay more then the agreed and court signed consent judgment stipulates. We ignored there requests and strangely enough when the wife sent payment on 1/15 for the agreed upon amount, we received a letter today that it is now past due, acting like they never received it, and checking the bank account we see it was never presented for payment,although all check numbers prior to and after have cleared that were mailed the same day to other creditor's think it's a coincidence?, we think they are witholding deposit of that check, so they can build a case to go to court and do something else to collect additional money. Look if we had more, we would pay it, this entire mess started when my wife was out of work for a year due to a medical condition, she has never been able to return to full time employment in the last 3 years.
  • 0
    Tina
    I have an interesting case. I got into trouble with Chase when I lost my job. The debt was 43k. They wrote it off after they wouldn't work with me when I started back to work by making it go back to 43k cuz with late and finance it went to 55k which was more than my line of credit of 48k. So I wanted it back to 43k and I could afford 200 a month. They said no so I said fine you will not work with me whatever. So they wrote it off. They sold it. Then it was sold again. Then it was sold a third time. This final place ACC sends me a letter they want 71k. I am like whatever. Then they file a suit. Ok so enough ignoring it all and I get a lawyer who files on my behalf claiming champerty which is illegal in my state. You can't buy a debt and turn around and sue for profit. Ok so now this 3rd collector wants to arbitrate. So I asked my attorney what are we artitrating for? The 71k or what they paid for the debt? You can't sue for profit. I know a little about the law and yes even watch Judge Judy who says the same thing. You can only sue for what you are out. I know ACC didn't buy it for 71k. That would be ridiculous. So I told my attorney I want them to prove what they paid for it and based on that I might be willing to arbitrate. I suspect based on research they probably paid 5 cents on the dollar for it. So they might be out 7k at the very most with attorney fees etc. But there is no way on this planet I am arbitrating with some debt collector for 71k. I know they will forge paperwork and hopefully my attorney is smart enough to demand all evidence prior to day of arbitration so he can review if it looks fake. Of course if they do fake paperwork saying they really paid 71k I dare them to bring it in cuz I already told my attorney find out from debt collector number 2 what they sold it to debt collector number 3 for and bring that evidence into court. Then debt collector 3 in contempt of court and maybe the whole thing will be thrown out. Hopefully all attorneys inovlved are not stupid. Anyway, am I correct on this that you can't sue for profit???? That is what I have read.
  • 0
    tj
    If the stipulated consent judgement was a settlement for less than full, then they would have an incentive to take your money up to the end, then "lose" one of your last payments to claim you violated the agreement, after which they would sue for the remaining amount up to the original balance.

    Contact your state Attorney General for assistance.

    If you make further payments, you would be wise to mail them certified.
  • 0
    anne
    I also had a consent judgement from 6 months ago and have not missed a single payment. I received an affidavit of noncompliance stating that I had missed payments and she was going to pursue garnishment. I filed an objection and sent her all my cancelled checks. Now we received a notice that she is trying to garnish our state income tax refund. Is it possible for her to do this if we are in compliance with the payment plan?
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