Consumer Complaints and Reviews
In Nov. 1999 my divorce became final from the man who tried to kill me. He is currently in Salinas Valley State Prison. Anyway, June 2000, Eskanos & Adler filed an abstract judgement on the property in Robert Mills' name, on the property that became mine in 1999. I did not get down to remove him off title until one week later. I did not know what an abstract judgement was. Was recently told it is a lien.??? Now, 9 years later, I receivea threatening letter from James R. Gorman stating the judgement was never satisfied,and that he will begin process for judicial foreclosure on this $12,642.15 debt, which he says is probably more now. He cannot tell me what original debt is. I believe there is a statute of limitations. I have refinanced at least 3 times and put my property in the Joyce Kirk Living Trust. Why hasn't this been an issue?
I replied Excuse me?
Your check was returned to us today. What is the problem? said Nicole.
I saw that this happened. It must of not had sufficient funds,? I replied.At this point Nicole raised her voice to a yell and I replied that she should correct her tone in speaking to me.
She blamed me for being sarcastic about not having sufficient funds (still obviously aggravated) and I replied once again to call me back when she is ready to speak to me appropriately and with respect.She called back my cell phone immediately. I returned the call but could not get through for 15 minutes. I was transferred to Fred, finally.
I explained to Fred what happened over the phone with Nicole and he said I need to make a payment because Nicole executed my file to begin wage garnishment. I expressed how upset I was about the level of disrespect from her and I would like to make a complaint to a manager. He replied he did not know how to pronounce your last name and he gave me the name Carol.I offered to make a payment of $100 that day and the other $100 on my next pay day on November 7th. He refused to take the payment and said I had to pay $1,300 by Friday the 31st.
I asked him what my other options are because that is difficult and impossible for me to do.
He replied that I can begin wage garnishment or have the police come to my home.
I asked him if this is my only option I will try my hardest to find $1,300 in 3 days or my file will be sent to begin wage garnishment.
The following day I tried calling Carol and I was transferred to Fred again. I asked to be transferred to a manager. He asked me if I had the money. I said no and he replied, Call back and call her on your own!? and he hung up the phone abruptly.My request is to make an arrangement to catch up with the missed payment of October. I get paid on November 7th. I am willing to pay October and November payments at this time.
I also request that I never get spoken to like trash again. I have to conduct business with your agency until this debt is payed and I would rather have a professional relationship with your employees, which I believe I gave them several opportunities to do so.
I also request a monthly statement come to my home address, which I have requested on several occasions, last year and again this year, but your employees have been unable to execute.
I had two credit accounts go to Eskanos & Adler for collections. When they first called me to do settlement agreements, their terms were unfeasible. They were asking for a third of the debt from each account for 3 months. That amounted to well over $2500; which is more than my monthly take home. I said this was impossible. The agent began calling me a crook and a thief and people like me deserve what we get. I have been working hard for the past year to try and pay off all my debts. I worked with a credit reduction company that failed me and moved to another who have been doing everything to help me out. Even still, I was sued by Eskanos & Adler, now doing business as Mann Bracken, LLC for both accounts. I went to the county's offices to see what I had to do, they suggested I call up Mann Bracken to work out a deal.
I did, and now I am on a payment plan that is leaving me almost broke. Even still, they are still continuing to call me constantly, though I told them to cease calling my place of business. I made their initial payments and am now working on the monthly payments, which they have yet to take out for this month, but was supposed to be payed on the 20th of the month. The agent called me twice on the Friday after Thanksgiving, a day that I was working, to call him back. I will see what he wants tomorrow, but am worried that he may want to re-negotiate the terms of my payment plan. They have used scare tactics and harassment in the past, and am worried they will continue to do so.
The result of the payment plan that I had to agree to is that I was still sued and lost in court (judgment is to pay them off based on our terms), I had to ask the credit company that I am paying for my car for a two month waiver so I could make the first two payments to Mann Bracken, and now I am at a point, financially, that I am not sure if I can make it from paycheck to paycheck on what I have left after bills and such. Also, the stress of having them call me has led to sleepless nights and constant back pain due to tension.
I had an account with mastercard for four hundred dollars. They increase my credit limit but I did not have a job and they laid me off. I got a call from Sheila H. and she was a real pain, calling me all the time, is to your benefit to call me. It seem like if I did something personal to her. I was going to paid but she harrass me when I was in college. I had never been harassed like that in my life. I paid one thosand dollar, not a lot of money, but Sheila H. made my life miserable.
they froze my bank account i have only 106 in it and left me with no money. i am on disability right now and they were aware of it. i believe they violated my rights under the fair debt collection proactices act
i had no money to buy food or medicine and i lived alone at the time and had no one to help me. it was extremely sressful both emotionally and physically to had no money for even some milk. i was destitute
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as of this day this judgement it still open and it is not fair to me. this should be a close case. they told me they were gonna list this judgement as unfair and that is fine but it is not fair they should of should up to fight the bk. I am now rebuilding my credit back and have a chance to buy a house pending the outcome of this judgement and if it is not cleared I lose my chance to buy a house.
I posted 02/11/08 I was sued by Eskanos & Adler supposedly on behalf of a bank. They did all could to delay with Case Management Statement forms during the hearings. Finally a judge ordered the contract and receipts be presented. The day of that Case Management hearing no one showed from Eskanos & Adler. The case was dismissed. My mother is considering a lawsuit even in small claims for money spent in defense and time and loss of work as well as stress and any possible punitive damages. This should be illegal. When a lawsuit is filed there should be a contract presented with all proofs or no filing. The stress was crazy. I don't know any bank would have not shown for a hearing if it was a true debted contract suit from a bank.
Good thing for my mom. She filed complaints with everyone. FTC, Attorney General, Consumer Affairs, State Bar. She actually reads contracts and law. My mother was truly afraid of lies and fraud against me.
loss of work, filing costs, paper work, mailings, stress, anything would go with an experience such as this.
"My bank accounts were levied, under a writ of execution, of a judgment I didn't even know existed. Credit Reports from all three Major Credit Reporting Agencies, ran in DEC 2007, show no public records and state 'There are no judgments on file'. My research has discovered the following: There is a case listed in the Superior Court case index, dated OCT 1995, which lists me as defendant and First Deposit National Bank as plaintiff. There is no notation in the 'Action for Cause' field, and the case status is CLOSED. An ABS Judgment on this case was recorded in April 1996 (6 months later?). Eskanos and Adler are attorneys for plaintiff.
Eskanos and Adler, rep. Chase Bankcard Services (marked as Judgment Creditor), filed an Application for Renewal of Judgment in NOV 2005. "Proof of Service" was mailed to me LATE DEC 2005 with copies of the Application for Renewal of Judgment (but the case# typed on the application was changed by the Clerk's Filing stamp to the case# of record from the 1995 CLOSED case index?),and a 'Notice of Renewal of Judgment' that accompanied a DECLARATION OF LOST ORIGINAL NOTICE OF RENEWAL (dated the same date of 'proof of service'), requesting a court order to file the Renewal.
The petition I received was not signed by a judge and I was not notified by the County Clerk's office that a Renewal of Judgment was, indeed, recorded, EARLY DEC 2005, listing Chase Bankcard Services as 'Grante(E)'? Chase Bankcard Services was NEVER awarded any Judgment against me from 'due process of law'(or any other method, for that matter)!
Eskanos and Adler rep. Chase Bankcard Services claims to be the 'Assignee of Judgment' (but, for the case# that was changed) and mailed 'proof of service' to me EARLY NOV 2005, but I can find no Affidavit of Assignment nor Affirmation of Assignment recorded with the County Clerk.
Eskanos and Adler rep. Chase Bankcard Services (this time, marked as Assignee of Judgment) filed a 'writ of execution' in FEB 2008, which: (a)gave a false address for 'judgment debtor' (resulting in the service taking place in the next county instead of the county in which the case was recorded and, in which, I have lived for more than 30 years; (b)stated Judgment entered (as initially) in NOV 2005; (c) does not include cause and number of action; (d)omits information of Renewal date (causing the appearance of 'within reasonable time'); and (e)curiously, a notation on the writ includes an account number IDENTICAL to the one, for which I received, from CHASE, an IRS FORM 1099-C Cancellation of Debt (dated 12/31/2007)!
A 'declined for not sufficient funds' of my ATM card prompted and online check of my accounts on Friday, April 25. Both accounts reflected $0. A call to my bank that evening revealed no information available. I had to wait from Friday evening until Monday April 28 to learn what had happened. A call to the Dept of Restraining orders with my bank informed me of the Bank Levy served by a Sheriff in the county of the FALSE ADDRESS noted on the 'writ of execution'. I phoned that Sheriff's Dept. Civil Division and gave them my correct address.
Thanks, only, to the Sheriff's Dept, I received, in time to take action, a copy of the writ with a Notice of Levy on April 29, 2008. They have, completely, wiped out my bank accounts! I have submitted a 'Claim of Exemption' to the Sheriff, but I can't understand how all this could have happened?
My questions, for you, are as follows: 1.When does a case earn CLOSED status? 2.Is it legal for an Assignee of Judgment to file as Judgment Creditor (thereby, confusing any audit trail)? 3.Is an Assignee of Judgment permitted to file a 'writ of execution' without filing an Affidavit of and receiving Affirmation of Assignment? 4.HOW did Eskanos and Adler know where to send the Sheriff to perform the Bank Levy?? (I have NEVER authorized, nor have I ever received notice of any kind of investigative report preparation???)
Please help, if you can? I plan to take all of this documented information, along with copies of all support paperwork, to the District Attorney ... but I need to get my money back IMMEDIATELY (I have been drawing Unemployment Benefits that will end soon) and would like to know if I should, first, seek the services of good defense attorney?
I was sued in court for a debt not validated. The case management statements have varied in info with different attorneys signing each one. The judge gave time for validation. The discovery answer in amount does not associate to any open or closed account I have. These people did not have an account number, or a credit card associated, just a debt they are seeking a judgment for. They seem to be more concerned in getting a judgment with interest and court costs, than the true debt amount. I have all open and closed statements, closing dates, cell calls, etc. I am defending myself. I am 25. Isn't there a law against filing a lawsuit without validation of the debt first?
Debt collection agency failed to perform as promised despite payment in full. My client Javier S owed debt to Advanta. Advanta sold debt to Profolio Recovery who placed a negative mark on Mr. S's credit report. Portofolio sent matter to their attorneys for civil filing. I negotiated settlement of the matter. Debt was paid in full by cashier's check on November 29, 2006. Because debt has been paid, the agency must remove negative mark on credit report. The law offices indicate that they have no control over such removal, and that I had to contact Portfolio Recovery.
I contacted Portfolio Recovery and a supervisor told me that they could not speak to me and that I had to deal with Eskanos and Adler. I then contacted Eskanos and Adler again and they told me they had no control over removing negative credit mark. So who is lying. My client settled matter in good faith based on the representations that the negative mark would be cleared as the debt had been paid. It seems that now that they have their money they are failing to preform their part.
Client is in process of refinancing and it is affecting his credit rating for better loan amount. This should not be the case as the debt has been paid. I believe this law firm simply collects money and then fails to follow through with rest of terms.
They took 975.00 from checking account from an old credit card from 1997. they claim that i got served in 1998 but i never did. Original balance was 2719.59 They want me to pay 4443.52. They said they would garnish my wages. I called chase manhatten bank on 2-7-05. They had no record of me on their system. It's been so long and they are threatening me with garnishing my wages.
When they took my 975.00 it left me broke. I had no money to buy food for my kids. They gave me no warning whatsoever.
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