Did you have to go into court for anything since you set up the payment plan with them? Were you still given a default judgement even if you have been sticking with your payment plan?

I don't think that Shermetta "owns" the collection note. They're working for the creditor. I have established a pmt. plan for a Capitol One credit card, and each month, I send payment to Shermetta, made out to "Capitol One Bank", with the original account # on the check. They're legit, no matter what the other posters say.

This is the recovery department at a Law Firm (it seems to me)

Going two weeks late would put you in default with *any* lender, never mind a firm enforcing a judgment. It should have dawned on you long ago that the collector is not your financial friend and your personal problems have no bearing on the case. Many firms will look for any excuse to dissolve your agreement, perhaps even causing the problem, then blame the "uncooperative" debtor. Let's say for your story there is fault to spread around.

In your place I would examine the collector's behavior over the past year for any violations of FDCPA and state law which may bring you leverage. (.... something which I suspect needed to happen long ago before this issue went to court.) You need to drop any sense of moral worry and consider *their* obligation regarding your consumer rights. You have only a business problem. They saw it that way when you were sued. When you see that too, you can begin to fight.

PetMommy had sprayed this "copyrighted" reckless advice many times in the first half of 2010, and hasn't been back since to defend or correct it. It appeared in spam-like fashion in mystery caller threads without really addressing any thread topic. In one single page this same circus poster of hers was pasted up on *five separate days*.

She could not quite give the proper name the FDCPA acronym expands to, and her reading of its five day rule after first contact is seriously wrong. Someone who flubs the basics is not one you want advising you in drafting complex legal briefs. In this arena I have ten years of study against the two she claims, yet I am the first to advise that my words are a starting point and that you do your own homework.

To rebut critical points:

- I have yet to read about Novation being cited in a successful affirmative defense in a debt case. Ownership of debt accounts is more complex than ever and can make a slippery defense platform if you don't nail it exactly. Frankly, the mention of "Law of Novation" will inspire giggling at best and destroy your case at worst.

- Obligation to a debt collector is part of contract law, which runs deeper and longer in time than federal. Our lender contracts all have clauses which say the contract terms can be enforced by collectors who are assigned or sold the account in question.

- A total cease-comm letter is not advised when you're not certain of your obligation toward a given debt account. It's best to dispute the account as the FTC and consumer groups advise. Restricting the discussion to paper mail is a good move within the validation request, as this will help keep things honest and sane.

- No letter of demand to a debt collector should waste ink citing laws, making threats, or waving angry fists. Less is more. State what you want to happen, or not happen, and no more. The time for verbosity comes if your dispute reaches a judge or arbitrator.

- Don't just make a lazy search for a critical thing like the FDCPA. Start with the source:
http://www.ftc.gov/os/statutes/fdcpajump.shtm

I have a judgment with this company.  I made payment arrangements with them.  After 13 months of timely payments, I was late with one payment by 15 days and they considered that a default on my arrangements.  I should not have paid late but I work on commission and can pay bills when the money comes.  I was not aware that this meant I no longer had payment arrangements with them.  I continued to send them the same monthly payment amount.  After another 5 months of sending monthly payments they garnished my checking accounts (personal and business).  When I called them they said it was my fault and that I should have called them to make new arrangements.  How was I supposed to know this?  Why would they do this to someone who has been making regular monthly payments for over a year and half???  I did not want to file bankruptcy and felt it was my obligation to repay my debt.  Because they garnished every last dime I had, the bounced fees are adding up faster than I can count.  I cannot dig out of this hole.  I was just a few hundred dollars away from paying off this debt.

Anyone knows who this is?

No, have not had dealings with Dasger or SAVA. IANAL but SAVA's Consent Judgement form sounds like a form to have you agree you owe the debt to possibly restart the Statute of Limitations clock on expired debt http://www.fair-debt-collection.com/SOL-by-State.html  Is your debt expired for your state? If yes, then this is the reason why they want you to sign it. Do not sign it! It's legal to ask you to sign but you do not have to sign. There are no terms because it is not a payment offer. They'll probably want the full debt+interest+penalties paid now. If the debt's legit and not expired, you'll have to decide whether to pay or run, I'm not telling you which way to go. If it's expired debt, you don't have to pay but beware they may keep trying to get you to pay. Running away from debt is not a good thing in the long run.

Today I recieved a Consent Judgement form from Shermeta, Adams, Von Allmen on behalf of Capital One. When I had this credit card I took out a payment protection plan @ $49/month, almost $600/year and when unemployment hit, this plan was useless. All SAVA had to say was that they were in receipt of my Answer to the Compaint. Period. They want me to sign a form with no payment terms and have completely ignored the fact thatI had payment protection. Is it legal to expect me to sign this with no terms? The person who signed the letter is Sogol I Dasger, has anyone had dealings with this person?

I also received many calls from SHERMETA, ADAMS AND VON ALLMEN ATTORNEY'S. Next they served me with a summons which I answered. I answered honestly so yes I had to admit that I did know about the debt and so on. I also sent a letter with the "answer" explaining my situation and that the only income I have is Social Security Disability. I received in the mail yesterday a letter telling me to sign a form for "consent judgment" to avoid going to trial. I have sent a letter back telling them I am not signing the "consent judgment" form and if they want to take me to court go right ahead and do that. I am told that my Social Security Disability income is judgment proof. Do you have any suggestions on a better way to handle this situation? I in no way have the money to even make payments, as my rent, utilities, insurance, food etc takes up what I bring in with my SSD. Also are these people attorneys that are debt collectors that have bought the account from Capital One or do they actually work for Capital One?

Thank you for the information...it naturally is scary to those of us who
never have had this happen before...I am a common sense type of person, but it seems
to me that these people are not at all practicing fairly.

petmommy posted over 5 months ago so it's unlikely she'll see your reply.
I don't think creditors have any obligation to notify debtors of creditor actions on their debt nor does the FDCPA apply to creditors' direct collection activity. In this case, SA&VA is a 3rd-party collector so the FDCPA does apply to SA&VA. You may find sections 809, 811 and 813 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf useful on how the debt collection process is supposed to go - written notice, 30 days to dispute, etc. Incidentally, a debt collector who threatens court action is obligated to go through with it; it's illegal to threaten and then not go through with it http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm  
To settle or not is a crap shoot because the debt collector may be playing different games depending on the size of the debt. Big debts are worth taking debtors to court for but small debts may not be. SA&VA may be trying to scare small debtors into paying up without any intention of taking them to court. Or SA&VA could be taking all debtors to court if they can figure out an efficient way to do it. There are many permutations in the debt collection game and you have to decide how you want to play the game out. That you actually got a written settlement offer suggests SA&VA collection method isn't as abusive as others. If the settlement is less than debt owed, the difference has to be included as income on your taxes - there's no free lunch. If you settle, make sure you get paperwork to show you've paid the debt when it's paid off.
If you go to court, you can document all collection violations and introduce your documentation in SA&VA's case against you (if useful to your defense) but to collect money per 813, you have to sue SA&VA in a separate lawsuit. Note that the judge will have to rule on the case before the court and the case is a debt collection case, not a FDCPA violation case, so while documented violations might help some, it won't stop the court from finding against you and ordering you to pay.
Happy New Year and the best of luck to you both.

May I be so bold as to ask you a question regarding your post?  We don't know how, but somehow, after my  husband numerous times asked HSBC to work with us on a better payment plan....all of a sudden we were served a summons from Shermeta without so much as a letter saying we were in arrears or was going to collection or anything.  I don't get it.  So we had to answer and naturally we told them we wanted to work with HSBC who wouldn't, and I did say that we were not sure with the amount that they were asking us to pay as we have not received a few of our last statements from HSBC so I have no idea if the amount they are saying is what we owe......now, Shermeta sent us a letter stating that we did not dispute what we owe and that we said we would pay 150./mo...and sent a consent judgement form which , naturally , we will not sign away our day in court like that...and for the fact that nothing on it states a payment plan at all.  I am not getting it...HSBC said they will no longer deal with us and the so called collection part of their company said they sent it along to another....so I am totally under the impression that Shermeta is a "collection" agency and that they are using HSBC's name as the plaintiff and they have nothing to do with this suit.  I want to write them another letter, but do not know what sort of letter to send.   Is a credit card company supposed to warn you before they send you on to collection company....and was Shermeta supposed to tell us they were trying to collect before suing us in court....this came out of the blue....now, my husband wants to make payment arrangements but I am so angry that I don't want them to get anything....at least not give them what they are asking.  Any advice to us would be appreciated.  Thank you in advance.

Excellent information. I was also contact by the same firm (Shermeta). I only owed Capitol One $300.00. However, with all of the fees, the bill was equivalent to over $1500.00.

Debt Collectors ? Collection Agency's do NOT fall under Do NOT Call registry, as they are not telemarketers.  However, they do constantly violate other Federal Laws, because us American's don't know the laws to protect us.  They are counting on that.  

- Federal Law says you don't have an obligation to Collection Agencies or Debt Collectors; you can send them a written letter and they cannot contact you after that.   This includes Attorney's in state's other than your state of residence.  The only Attorney's that can sue you, have to be licensed in your resident state.

A word of caution:  Some Law Firms do have Firms in other states, and Lawyers licensed in other states, so you have to do a little research before sending a Cease & Desist (Do Not Call & Go Away letter) to make sure they aren't in your resident state or you're likely to get sued by these #%#&*@!#%&@$^*.  

Once a debt collector makes contact with you, they also have to contact you within 5 days after the first phone call, letter etc., and give you validation/proof or judgment of the debt.  You are not required to ask for it.   They never do this!!!!

This law is known as the Fair Debt Collector Practices Act.  You can get it at FTC.gov; as well as other Consumer Protection Laws.

Most collection agencies, purchase your delinquent debt for pennies on the dollar.  Guess what? It is no longer your debt!!!  You don't have any agreement/contract with the debt collector or collection agency.  Your only agreement/contract was with the original creditor.

Do NOT agree to any payment arrangements, or you'll be creating an agreement/contract, where upon initial contact by the Debt Collector, one didn't exist.  The collection agencies are counting on you not knowing this little bit of information.  

The best advice I can give you is, do NOT talk to these idiots - they will leave you in a frustrated heap on the floor.  They lie, and will tell you whatever they need, in order to get you to commit to paying them.

The lies are illegal, but they honestly don't care, they're probably on commission for how much they collect from you and others like you.  

If you do answer the phone, do NOT give out your employer, social security #, DL #, Credit Card and/or Bank information, or any personal information.  Tell them to send you a written statement & you'll respond. Then hang up.  When you get that statement, google, Fair Debt Collection Practices Act and you'll probably find a letter you can send them   Or:  send the letter I?ve enclosed that I use.  Sign and mail that letter Certified Mail, so you have a signature and confirmation of delivery!!!
RE
Account #  
Amount in Dispute: $  
Account #  

Dear  :

I am in receipt of your demand for payment.  However, this Notice is to confirm that I do not wish to be contacted again by you, and that you are hereby put on Notice to Cease Communication pursuant to 15 USC Section 1692c(c).  Failure to comply with said Notice shall result in a complaint filed and submitted to, the Federal Trade Commission, and possible legal remedies in an appropriate United States District Court.

In addition, PLEASE TAKE NOTICE THAT, I am not waiving my right to dispute the alleged debt asserted herein, but at this time I am under no obligation to respond.  

Sincerely,



Your Name
Address
City, state Zip



Certified Mail#:  


In the Law of Novation: if a debt is purchased by another, for that to be a legal owed obligation, a new contract / agreement has to be written and signed by all parties.  Google Law of Novation and read up!!!

No I am not an attorney, just a well knowledged, educated consumer.  I have spent the past 2 years studying various Federal Consumer Protection Laws.  

I wasn't just satisfied knowing I could send a letter to a Collection Agency/Debt Collector and they had to go away.  I read that in the Fair Debt Collector practices Act law;  I needed to know why, what law tells me the reason why I can.

Everything I have typed, I have learned basically on my own through reading, studying, printing out and binding the laws and underlining/highlighting them.  Not to mention the knowledge I have gained on my own fighting two lawsuits without an Attorney.

I was sued by a Collection Agency, and waiting for a Court date. The Collection Agency Attorney, sent us a letter willing to dismiss with prejudice our lawsuit, if I dismiss our Cross/Counter Claim for Fair Debt Collector Practices Act violations.  Oh, I forgot to mention, we do not have an Attorney representing us; and I have not had any legal experience, in the past whatsoever.

I have read / printed & bound, my State's Rules of Civil Procedure and Rules of Civil Procedure - Evidence.  I catch Attorneys on violations of State Rules of Civil Procedure all the time.  And our Judge's let them get away with it.

And for those of you who say pay up and quit being a deadbeat; it appears that you have never had your life turned upside down, because a good job, not high paying by any means, but a supposed secure job, got your hours cut by 3/4.  

And then a couple years later, as you are just recovering, you lose that job.  And when you are in your 50's, a new job is not so easy to come by.  And when that happens, then what?  

Or what about a major illness, guess you've never had that either - too bad.  Maybe if you did, you'd understand why and how people end up getting in financial straights. Not because they chose to, or decided they were going to find loopholes to get out of paying obligations etc.

What if the money isn't there to pay these debts to begin with?  We've been barely able to pay a mortgage, let alone credit cards etc. It's easy to tell someone else what to do.  I hope someday, something throws your secure little world off its axis, and you find yourself in the very situation as some of us here. Maybe then you'd learn it isn't such a cut/dry situation.

Oh, we've struggled.  And the job last hasn't exactly been replaced.  We're still behind in our Mortgage and trying to catch up, as with our other legal obligations.  I can't work because of various health conditions, or I would, including a part time job at least.  My husband started his own company with the tools of the trade, and now contracts for copier, computer, IT technical jobs as he has a computer science degree, and has years of experience in the others, especially the wide format copier / printers / computers.

People, please read the Fair Debt Collector Practices Act; if a Debt Collector violates any one harrassment or other law in there; Federal Laws says you can sue them for $1,000.00 per violation.  Do it, and then THEY can pay off YOUR obligations!!!  

Again I am not an Attorney - but have learned these by my own experiences.  There are Attorneys you could talk to, and I would, if any violations of the laws have occured in your circumstances.  I am posting this strictly to help others maybe have a piece of mind, if they are up all night worrying about financial problems, and sick to their stomach in worry as I have been, and still are in some ways. I am again just a well informed, knowledgable consumer, who has spent hours studying the laws, because I had no where else to turn for help.  If anything I have written, causes you questions, please seek the advice of an Attorney.

Certain situations such as Mortgages and Car Payment loans usually do not apply here; so you may need to seek the advice of a Lawyer for your individual situation.

If anyone should need help with Lawsuits regarding Collection Agencies/Debt Collectors and/or Credit Cards; I may be able to help you.  Please contact me at tlcpetmommy@gmail.com.

© petmommy copyright 2009 All rights reserved

SHERMETA, ADAMS AND VONALLMEN ATTORNEY   SECRET TELEPHONE NUMBER      OXFORD MICHIGAN  248 628-5845

SHERMETA, ADAMS AND VONALLMEN ATTORNEY   SECRET TELEPHONE NUMBER     248 5845 OXFORD MICHIGAN

My daughter received a summons/complaint from this law firm for a Capital One bill that is in collections.  She called them and made a settlement with them.  They were supposed to send her a letter out on March 10th and she would send the money via Moneygram when she received the letter.  Her settlement was due to them by March 18th in order to avoid her having to go to court.  She originally owed Capital One $1,000 but with late fees and interest it had gone up to over $2300.  Shermeta said they would settle for $1840.  Well after numerous calls to Shermeta about not receiving their letter of agreement, they finally faxed her the settlement on the 16th.  She then sent the Moneygram.  Today, the 19th she finally received the letter that they claimed they mailed on the 10th but the postmark says the 17th.  When she called their office today they claimed they did not receive the Moneygram even though she left a voicemail to Victoria with the number needed to claim the money.  Their accounting department said it was a computer glitch.  They are a terrible company to deal with and try everything they can in order to get a default judgement against you.  My daughter has filed complaints against Shermeta and Capital One with our state's attorney general and the FTC.

DO NOT LIKE THEM CALLING ME ALL DAY EVERY DAY.

It's for a law firm in Rochester Hills, MI...Shermeta Adams & Von Allmen.

Does anyone know who this # is?