So very sorry for your loss. These debt collectors are the scum of the earth. This is not your debt..period....advise them to cease and desist from any further communication with you and mark down the date and time you told them. Their continued harrassment over a debt that is not your own may open up a complaint against them in violation of the federal Fair Debt and Collection Practices Act.
I concur with each attorney's responses. Contact a consumer protection attorney. You will be able to find one at naca.net (National Association of Consumer Advocates). There could be several violations of the Fair Debt Collections Practices Act as well as the Florida Consumer Act in which you might be entitled up to $1,000.00 in damages. Most NACA attorney's will take your case on contingency. It is important that you contact an attorney who will be able to assist you.
I strongly agree with Mr. Rudnitsky. You can find a consumer protection attorney, like myself, at naca.net. You may be able to sue the debt collector obtain damages from them for filing those lawsuits.
If you have not been served then the case cannot move forward. When your case is called at the pre-trial hearing the Court will note that you have not been served yet and the case will not move forward. As the other writer noted, if you have not been served and a judgment is entered against you then you will have a strong argument to vacate the judgment. If you are served between now and the pre-trial hearing date it is imperative that you attend the hearing or they will get a default...
You should hire an attorney to represent you in defending this case. CACH is a notorious junk debt buyer and most times they cannot prove that they own the debt. If you chose not to hire an attorney it is IMPERATIVE that you attend the pre-trial conference or else CACH will get a default judgment against you. At the pre-trial conference, the judge will send you to mediation to assist the parties in reaching a settlement agreement. CACH will try and get you to settle for the full amount...
Go to the Clerk of Court and receive a copy of the proof of service. That is the document that will show who was served and when. In my practice I have come across a few instances when the process server will list a person that was served however, that person never resided in the residence. They must serve you or someone over the age of 15 if they state they served you at home. If you believe the proof of service is faulty then immediately file a motion to vacate the default judgment. You...
They will not issue a bench warrant but a default will be entered against you. You must show up. By not showing up you have easily allowed the debt collector to win when you could have possible defenses against the complaint. Hire a consumer protection attorney, you can find one at naca.net.
I agree with the prior attorney's response. There are elements to both account stated and unjust enrichment which the Plaintiff must plead in their complaint. I am surprised they attached nothing. Surely a motion to dismiss should be filed. Find an attorney, like myself, who practices consumer law at naca.net
Not only may you have a claim under the FCCPA but also the FDCPA (The federal law). Make sure to keep a call log or screen shot your phone that shows the number, date and time the call came in. Also make sure to save any messages they may have left. You can contact my office or any attorney at naca.net that handles consumer protection cases.
Outside of the bankruptcy, if you have debt collectors calling you then you may have claims against them for violating the Fair Debt Collections Practices Act which provides for damages to consumers against debt collectors who have violated the law. Speak with a bankruptcy attorney, however, also speak with an attorney who specializes in consumer protection, like myself, or you may find one at naca.net