Complaint

0
Bob Jaynes
Country: United States
I too am getting sued by Mary Jane Elliott for a credit card that I never had.  I asked for verification of debt several times and even sent a certified letter asking for this.  They responded with a summons and complaint.  I responded and now I have a pretrial hearing.  I can not believe I have to pay an attorney for a debt I never had.

Comments

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  • 0
    tj
    If you sent them a timely request for verification of debt (within 30 days of receiving their initial letter), they should have ceased all collection activity until they sent it, as required by FDCPA.  Suing is collection activity.

    Get an attorney with experience in FDCPA litigation.  They could find themselves paying statutory damages and your attorneys fees.  There is no reason to put up with this crap.
  • 0
    RJohnson
    The very same thing is happening to me by the very same collection agency! I plan on fighting it on my own without an attorney. I plan on answering her fraudulant summons by filing one against her for violating FDCPA. In reading other complaints on-line about this agency it appears that many people are filing complaints with the state atty. General. I will be doing that and going after her for damages. I have had enough!!There is alot of talk about a class action suit.
  • 0
    didiupnorth
    | 1 reply
    I would like to be included in this class action lawsuit-i am now having to pay them 250.00 a month
    • 0
      Jenn A replies to didiupnorth
      Me too! I am tired of this crook
  • 0
    mad dog
    Hi they can not serve you with a summons if you sent a cert letter requesting debt validation  go to bud hibbs.com  lots of info there
  • 0
    steve
    this atty office does not seem to be on the up and up.  my wife has been having problems with this office for a while.  she had a card with a $2000.00 limit, through unfortunate circumstances she defaulted.  card goes upto like 4800 and change.  takes her to court, they send her a letter to get her to agree to a certain amount and payment plan, she dont agree so she dont return.  they file for a default judgment against her and dont even bother to show up for the case.  second time in court they have no paperwork told to get more and return in 30 days.  when they return my wife has more paperwork than the atty.  judge orders 2000.00 in payment at 100.00 per month no interest.  setup first payment and they want 150.00 with 5% interest.  wife explains this aint right but they tell her shes wrong and if she dont pay she will be defaulting in court order and they will file for original amount.  got court transcripts where the judge says 100.00 and no interest.  guess this will go to court again.  would be nice if court takes it as them spitting in the eye of the judge and in blatant violation and throws it out.
  • 0
    moylan
    I would love to get in on this. I am currently paying them 100.00 a month,
    I already agreed to pay. can I still get in on the lawsuit?
  • 0
    linda
    I would love to get in on this class action law suit.  I was ordered to pay $160.00 a month by her company. Can I get in on this law suit?
  • 0
    M M Clark
    I would love to get my Sate refunds back shes taken from me! If theres a action aginst her i'm in! she threated me,swore at me,repeatly calls and no ones theres and i call the number back and its her office,you can not talk to her she rude and cude she needs to get whats coming to her right back wish the courts would step up and clean her out!
  • 0
    sarah
    I am currently paying them 250.00 a month and I still owe more then 8000.00.  I have paid them 9000.00 and it started out as a 10000 debt.  Now tell me how that works.  I would love to go after them.  They wanted me to pay then 600.00 mo.   I said with what money.  This is a 7 year old debt
  • 0
    Ms K
    I am currently in judgement with this company and I have also asked for proof of the debt and I was told that it was proven to the courts and they don't need to give me proof.  This debt is over seven years old and I am still trying to settle while i am getting charged 20 plus percent which is highway robbery.  I would love to be in on a class action law suit.
  • 0
    tj
    Once a debt is reduced to a judgement, the interest rate is usually set by state statute for unpaid judgements, not the original terms of the debt.  

    You should contact your state Attorney General to see if your state allows 20% interest on judgements.  Many states only allow amounts closer to 10%.

    Alternatively, there may not even be a judgement against you.  Ask for a copy of the judgement.  If there isn't one, then they may have been using deception to attempt to collect the debt.
  • 0
    Beware
    | 2 replies
    This bottom feeder will garnish your state tax return without obtaining a writ of garnishment.
    • 0
      lori replies to Beware
      | 1 reply
      yep did it to me my new husband just about divorced me. for 4.00 she took that is all we were getting back.  But i had no idea she would go after my new husband.  Its an old old debt.  what the hell
      • 0
        tj replies to lori
        You should still get your case reviewed by an attorney.  Many consumer attorneys will give an initial consult for free, and if there are violations of FDCPA, they may take cases on contingency, since FDCPA allows courts to award both damages and attorney fees if you win.

        If your new husband's account doesn't have your name on it, and contains only his income, it may be that a garnishment order against it might be reversed.

        You can find a consumer attorney in your state through www.naca.net
  • 0
    tim from texas
    I to was subject to a judgement  against me with no proof of service and i was defaulted. I had already move here before she got her default judgement .
    It is on my credit report but Texas law does not allow her access to me but if ever a class action suit is ever filed i would love to ad my case to it and would fly back to Michigan to attend any court date on this matter. Mary Jane Elliot is a scam artist who prays an the weak and uninformed. She is a criminal who needs to be stopped. Like all the other posting I have read all over the internet and believe me there seems to be a whole lot of them it is basic non proof of debt owed improper proof of service lack of obeying orders give by a judges decisions. With all theses complaint showing a pattern of behavior it would seem like a class action suit not only would be able to win but also all judgements would be reversed and money collected returned. It just takes some one in Michigan who handles class action suits to start. I am in Texas so I cant start one but as I said if ever one was to be filed I would be happy to help in any way I can.
  • 0
    rooster
    | 1 reply
    I owe on a credit card and cant seem to get ahead and they want me to keep paying more and more every month.  I never even received notification of a court date and they got a judgement without me even being notified..
    • 0
      lori replies to rooster
      same thing to me, got a bank statement two days later telling me they took money out of my account  for 6 months now and she still says i owe the entire amount she is stealing from me. I cant afford an attorney and pay her and let her steal from me. How can I make her stop?
  • 0
    tj
    Reports of "sewer service" appear in a number of complaints.
  • 0
    James Edward Staley
    Mary Jane is also suing me for a closed and paid off account and now, I am going to have money taken out of my pay check. something needs to be done to put a stop to this kind of thing.



    ----- Forwarded Message ----
    From: "MIKLOSOVIC, JULIE CIV DFAS" <JULIE.MIKLOSOVIC@DFAS.MIL>
    To: staley-james@sbcglobal.net
    Sent: Tue, August 31, 2010 1:57:20 PM
    Subject: file.tif

    <<file.tif>> Sir,

       Attached to this e-mail are instructions for you that were included in the garnishment order.

       Any objections you have to the garnishment need to be addressed to the court not DFAS. If we receive a facially valid order issued by the court we are legally obligated to enforce it.

       I regret I was unable to provide you with a more favorable response.

    Sincerely,
    J. Miklosovic
    Paralegal specialist
    Garnishment Operations

    FOR OFFICIAL USE ONLY. This document contains personal data covered by the Privacy Act of 1974. Please ensure this information is protected from unauthorized access and/or disclosure. The Privacy Act of 1974, 5 U.S.C. § 552a, as Amended. The applicable regulation is DoD 5400.11-R, Privacy Program, August 1983.



    Inquiry Request
    REFERRING PAGE:    https://ca.dtic.mil/dfas/s-garnish/garnishinquiry.htm
    SUBJECT:  8249: Civilian Commercial Garnishment

    NAME: James Edward Staley
    SSN:
    EMAIL:staley-james@sbcglobal.net

    MEMBER'S NAME:

    CASE TYPE:CivilianCommGarnishment
    DETAILS:This saturday, I got a letter in the mail telling me about a garnishment.
    The company is a credit card company that was paid off a few years ago and the
    Lawyer/credit collections company was told this and I did send all of the paid statements
    to them and now, I have not one  thing to show because they have it.  The court
    in Chelsea Michigan said I was a no show for a court date and I did not get a court
    date, all I got was a letter from the collection company and many phone calls and
    they did stop after, I did mail the proof of the account was paid off and now I
    get the Garnishment letter from your office.  I am at a loss on what to do next.
    Please help me with this, I have given the Court, the Lawyer/collections company
    all the information that I had and now they want more money.  I even asked what
    did I buy and when because the account was paid off and the Collections company
    would hang up on me.  The collection company is called Mary Jane M. Elliott P.C.
    Attorne!
    y at Law, 24300 Karim Blvd, Novi, Michigan 48375, Phone 248-306-2000 and fax is
    248-306-2014. It has been since June since the Mary Jane Elliott company calls have
    come to my home, so I felt this was closed after they got all the information that
    I had showing that this was paid and the account was paid off over 2 years ago.
    James Edward Staley, 331 Scio village Ct. Condo 280 Scio Village Town Center, Ann
    Arbor, MI, 48103  Phone 734-222-7004, work phone is 734-769-7100.

    Submitted on Monday, 30-Aug-10 06:41:10 EDT.

    Transaction ID: 30Aug104110
    User Address:  152.131.8.133
    Referred By:    https://ca.dtic.mil/dfas/s-garnish/garnishinquiry.htm
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