Any experience with Howard Lee Schiff?

[browneyes]

I got an *automated* VM today to call these offices (they are collections lawyers) but haven't recieved anything in the mail. Not sure which creditor they represent, but it has been about a year since I stopped paying on my CCs. I had Chase, Citi, and Capital One as most of the balances. I am meeting with an attorney this week to pay retainer and start the process.

Will they try to still file suit if they talk to the lawyer and know I am filing BK? I knew this day would come, just scared to death and feel like I am going to be sick.

[albacore44]

I assume your in the north-east since that is where these sharks operate.

These guys are a CA/Law firm. They should be sending you a letter soon. When you get it send a DV right away, and make sure you send it certified and get the green signature card. If you do some internet research on this firm, you will find they will send you a summons and ignor your DV unless you have proof they signed for it. That way if they pull that on you without responding to you DV you can nail them for a violation .

[EbbTide]

They've been doing quite a lot of business for CapOne in my neck of the woods. It seems CapOne has just been going from inhouse collection straight to the lawyer route complete with Court Summons.

When I was served, that pushed me over the edge.... and I started the ball rolling with my attorney who does nothing but Ch 7.

[crashzx]

Is it true they have to stop ALL activity after you file??

[treehugger1]

They've been doing quite a lot of business for CapOne in my neck of the woods. It seems CapOne has just been going from inhouse collection straight to the lawyer route complete with Court Summons.

When I was served, that pushed me over the edge.... and I started the ball rolling with my attorney who does nothing but Ch 7.

How do you know C1 has been going from inhouse collections to a lawyer and summons? C1 certainly makes use of attorneys and does file suit, but everything I've read, this can take months before C1 actually authorizes suit. This has also been my personal experience with C1. A while back, I had C1 send my account to an attorney in my state. I sent a DV request and they responded. A few months later I noticed the account was back in the hands of a CA 3000 miles away!

There are other forces probably at work. For instance, in my state any debt under $7500 is sent to small claims. Attorneys are not allowed to represent clients in small claims. Therefore, they must sue you in a higher circuit court, and this costs a lot of money, especially if the defendant has no real assets that a lien can be attached to.

Does your state/locality allow attorneys to represent clients in small claims? I'm just curious as to the many suits you believe C1 is acting upon. Are they small claims or higher courts?

[jadams]

I was sued by Howard Lee Schiff on behalf of Capital One.

As mentioned above, they seem to be the go to law firm for Capital One in the Northeast.

The suit was filed only a few months after the first contact I got from Schiff.

They were able to present what I considered proper documentation within a reasonable time frame of me requesting it.

I ended up signing a consent judgement on the day of my first case management conference because they had provided all the documentation I asked for and I didn't want to draw it out and keep coming back.

I was able to get a payment agreement in writing for a very minimal monthly payment (figure roughly 12 years to pay it off, if I hadn't filed) that said provided my payments were received on time (and they gave me two months after the conference date to start the agreement) they would pursue no further collection activity, garnishment, etc.

It hurts me to say this, but I have to admit the lawyer from Schiff I dealt with was very professional, respectful, and even helpful in answering my questions and finding a way to settle things.

The lawyer for Amex on the other hand... he was spitting venom and you could tell he thought I was trash.

The collection agent on the phone for Schiff was not nice or helpful, though. Just the actual covering lawyer that showed up at court.

[EbbTide]

[QUOTE=treehugger1;334547]How do you know C1 has been going from inhouse collections to a lawyer and summons? C1 certainly makes use of attorneys and does file suit, but everything I've read, this can take months before C1 actually authorizes suit. This has also been my personal experience with C1. A while back, I had C1 send my account to an attorney in my state. I sent a DV request and they responded. A few months later I noticed the account was back in the hands of a CA 3000 miles away!

QUOTE]

http://bulletin.aarp.org/states/ri/2009/33/articles/special_court_schedule_launched_handle_credit.html

This is the story on the smaller claims. Superior Court is handling the larger claims. It's even made the local news. It's pretty simple. He or she who gets the judgment first... gets their hands on whatever money there is.. even if it means just leaving one with minimum wage each week to live on.

I will bet they are playing hardball in my state because of our high sub-prime market, unemployment rate.......and steadily declining incomes.

[Nicollette]

Is it true they have to stop ALL activity after you file??

All collection activity is supposed to stop once your BK case is filed.