Fu**ing Pissed... Maybe my wife and I should change our names...

[Glassunion]

I like our last name and all of the history behind it. But it has been a huge difficulty lately.

1. My name(along with several hundred other people with the same name) is on the "no fly" list. I have missed flights, I have been harassed at airports, etc... I have never committed a crime, yet I'm treated like a criminal. But this is for a different post.

2. My wife received a hearing notice in the mail the other day. As it turns out she has the same name(however a different spelling on the first name) as someone else who has failed to pay for their credit cards.

We called the courthouse as was required by the notice, which I might add was filed back on July 19, however we just received it on Friday. They were not surprised that were going to enter a "not-guilty" plea and that we were not who they think we are. The clerk said that this has been happening a lot lately.

The attorney for the credit card company is being an ass. He is refusing to talk on the phone and is stating that we need to appear to plea the case. He must be getting paid more for appearing.

So, we have to drive across half the state of PA, miss a day of work to prove that we are not who they think we are.

In today's economy with nearly 1 in 10 out of work, the desperate credit companies are now taking to harassing people with similar names? Are the wrong people paying this if they cannot appear or do not get their notices in time? This sux...

[Crazy Dave]

1. Wasn't too long ago AT&T was sending out invoices...

...to people who weren't even their customers and threatening to ruin their credit if they didn't pay immediately.

I had several subscriptions once for some Ziff Davis publications and both were less than three months old. They started sending renewal invoices and threatening me with collections if I didn't renew. They must have done that to all of their subscribers because two months after that both magazines were shut down.

[CanonRay]

2. While you're over there, get a lawyer and sue them back!

Settle for your days pay and gas/hotel.

[Glassunion]

4. Would love to, but we cannot afford one at the moment.

I doubt that they will find judgment against us, but we will get one if they do and file an appeal.

[uncle ray]

6. you cannot afford NOT to have one.

take it from someone who has been falsely accused, even with overwhelming evidence, it is still in your best interest to consult an attorney. chances are slim that at the first court date they will simply drop the matter without legal representation.

[Glassunion]

28. I get that... I cannot afford an attorney to counter sue.

I am pretty comfortable in a courtroom. I have already spoken to a lawyer and even he does not think I need to go through the expense of having one. He was my professor when I took a few law classes.

The plaintiff does not have a leg to stand on. He is just hoping that we don't show.

I plan to make an ass out of him. This could have easily been handled with a phone call and a fax machine, but he wants to be an ass. So I will lead him down his own path.

If he files a continuation I will then save up some cash and counter sue.

[starroute]

9. You might be able to get a cheap half hour with a lawyer

A few years ago, a former friend of my son's was threatening to sue him for not paying back some money as quickly as the former friend wanted it. For some fairly modest sum, my son was able to lay out the situation to a lawyer, who then sent a strongly worded letter which got the ex-friend to pipe down.

I don't recall how this was set up, but the most recent post at http://lawyers.cmcomp.com lists a number of websites which offer free legal advice and referrals.

An earlier post at that site also states, "For $ 20.00 you may consult with a Dallas lawyer for a half hour and obtain one who will work with you financially for other services. This option has no income requirement. The Dallas Bar Association Lawyers Referral Service at 1- 214-220-7444 has attorneys who volunteer to advise you for a half hour." That sounds a lot like what my son took advantage of here in Pennsylvania, so you might call your own local bar association and ask.

We've also dealt in the past through our county consumer protection agency to resolve a credit card problem, so that might be another option.

It's ridiculous that they should be able to force you to take off work and drive halfway across the state because of their error, and somebody who knows the law ought to be able to clear this up for you.

[safeinOhio]

11. My lawyer,

a mean shark, but she is my mean shark, will send a nasty-gram(lawyer letter) for me for only $25.. worth every penny.

[safeinOhio]

12. double click, sorry

[depakid]

10. Small claims court is your friend

You can get up to $8,000 in Pennsylvania from the collection agency (or card company) if you cross your "t's" and dot your "i's" in a case like this.

[Catshrink]

15. And legal fees.

[daleanime]

3. Hey, all the rules are in their favor....

they will do what ever they want.:banghead:

[Skink]

5. Just think about what it means to have the last name Moran.

[Brickbat]

7. Write your rep and the paper.

Newspapers love stories like this.

[pipi_k]

13. Yep...that's exactly what I would do too!

One caution, though, to the OP...

stick purely to the facts and don't exaggerate or editorialize.

good luck!

:)

[virginia mountainman]

8. And if some get their way..

Since your on the "no fly list" you won't be able to buy a gun...

They say they want to close the "terrorist gap" in our gun laws, it is just "common sense" according to them.

What is purely insane is that many on the left, WANT this to happen...

http://www.youtube.com/watch?v=mLD16POx2dE

http://www.washingtontimes.com/news/2010/may/05/mayor-keep-terrorists-buying-guns/

http://www.huffingtonpost.com/dennis-a-henigan/planes-guns-and-terrorist_b_223099.html

[shireen]

22. i wonder if they also want to close the terrorist gap for box cutters. nt

[flamin lib]

14. The reason the plaintif's lawyer insists that you show up is

that if you don't the court will award summary judgment to the creditor. So even if the debt wasn't yours before all the world will believe is after.

Besides that you would be in contempt of court which is a jailable offense and a way to put you in what amounts to debtor's prison.

[pipi_k]

16. And sometimes it gets pretty nasty...

Sometimes the lawyer for a plaintiff will ask for a continuation of the case once he knows the defendant is there, just to be an asshole.

If a person has traveled some distance, this could be a major inconvenience, to say the least, to have to return on some other day.


This actually happened to Mr Pip when one of his ex wives brought him to court to try and get him to pay her health insurance after we got married (she was already on Mass Health). Mr Pip had a lawyer, of course, and when they got to court, the ex's lawyer would keep asking for continuations, meaning we had to pay for Mr Pip's lawyer's time, and he had to keep going back to court...an hour's travel each way.

[rug]

17. Which county do you have to go to?

[Glassunion]

23. Dauphin.

[SoxFan]

18. Hey, maybe these people would trade with you

http://3.bp.blogspot.com/_GmMXfVVwTNw/RidzXKjZJNI/AAAAAAAAAYQ/1Ecf4zeF3tU/s400/drew+peacock.jpg


http://1.bp.blogspot.com/_GmMXfVVwTNw/Rh0LceXkiLI/AAAAAAAAAUg/fN-N81gSKXM/s320/dick+swett.jpg

[Glassunion]

25. All seem better than what I'm stuck with...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=226x7705 post #7

[COLGATE4]

19. The other DU posters are right. You cannot afford NOT

to have a lawyer represent you. You may think it's a frivilous expense but you can wind up in a world of hurt if you show up without one. Do yourself a favor and contact your local (or State) Bar Association. They can provide you with name(s) of qualified attorneys who can help you and may be able to point you in the direction of some who do this at low cost or possibly even pro bono (free). But please do it. Take it from a lawyer with 25+ years in the business!

[Glassunion]

32. Done... A strongly worded letter is going out from an attourney.

$75

[slackmaster]

20. Tagged to see if the defenders of denying rights based on secret lists will defend their positions

:nuke:

[Matariki]

21. I've found that calls to the State Attorney General have been helpful

You might try that, perhaps they can give you advice.

[Steely_Dan]

24. The Terrorists Win Again n/t

[Glassunion]

27. +1... Ha!

[socialist_n_TN]

26. The credit card company's attorney is not beng

cooperative because he knows that if you don't show up at the hearing he gets a default judgment and you're responsible for the debt. You might want to check with a lawyer and consider a countersuit for you costs and damages for the credit card company's fuck up. BUT SHOW UP AT THE HEARING.

[Taitertots]

29. Find out who owns the company and call multiple collection agencies against them

With made up debts that they will have to fight in courts near you.

[lonestarnot]

30. when you sue be sure to include travel time and lost wages as damages.

:evilgrin:

[JanMichael]

31. What a-holes. I bet they use Choicepoint too. nt.

[Glassunion]

33. Update...

Received an email from the lawyer I paid to send a letter.

We do not have to go to court, and they are straightening out the misunderstanding.

Idiot. I send a letter, no good. Lawyer sends a letter with the exact same info, suddenly it's all good. The guy is a rat.

[Tsiyu]

34. Sick society we've got

but at least the attorney saved you from lost wages and gas and aggravation.

Be sure to start a file and print out all correspondence and save hard copies of everything just in case.

But you already knew that.

Sorry for all your troubles but glad to hear it turned out, even if you had to pay $75 for the crime of being innocent!