Being sued by Michael J. Scott, PC

Oh shocker...MJS violated the FDCPA.

Here is another thought...grievance with the state bar association. I plan on doing this as well, since he is continuing litigation when he is not allowed to (either party elects arbitration, court is off the table.)


Enough of them, and he could be looking down the barrel of a disbar. Don't forget to report to the atty general too...enough of them, and he could lose his CA bond.


(Alas, I could not find an atty who would take me and those who could wanted over 1K upfront.)

LVNV won a judgment against me in Texas. MJS is the attorney. They will not discount the judgment one penny on a payment plan. Has anyone else been able to negotiate a haircut on a post-judgment settlement with this firm?

Question: I often hear the term SOL referreing to "4 years" in Texas. Exactly how is the date determined for the beginning of the 4 year period? Is it the date the debt was incurred, the date of the last payment, the date of the last contact, etc? I have been contacted by Scott, also, along with another debt collector, and I believe I am beyond the 4 years, but I need to know how to determine the exact date the 4 year period begins. Thanks for anyone's help!

THIS jackass is trying to sue me and im only on social security,any advice for me,lets go for the class action,

Post #54-the SOL starts from the date of the last payment on the account. 4 years after last payment and its out of SOL

Does Scott actually buy the debt from the Credit Card firms for pennies on the dollar or does he represent the CC companies for a cut of the settlement ? Does the CC company end up with the settlement money won in court or does he make lots of profit off the deal ?

I received a summons from Michael J. Scott on a Capital One bill that wasn't paid....I owe the debt. But I checked my credit report after a year and a half of being on their payment plan and the Capital One debt continues to rise!...I have paid $1,450 on this debt, and the payments are being sent to the debt...what do I do?

Does anyone know if Michael Scott really represents Citi or does he buy the paper - I tried to settle with citi and they gave me a number to call - which transfered me to his office - the debt is 7600 - They told they would settle for 4800 - then offered 3800 - I counter offerd 2500. and they said they would proceed to file suit against me. I plan on sending the the DV letter I found online and the information on another thread that is the follow up to the DV with the credit bureaus... my main interested is if he owns the debt or is representing citi - if anyone knows - thanks

MJS scared my elderly mother into paying an old debt she owed. She didn't know her legal rights regarding debts, and he knew this; he got a deputy to come and serve her with a notice. She never told me all this, she was embarrassed. She is in her late 70's, and paying an exorbitant sum to him every month; and DESPITE him getting this money, he calls her EVERY week reminding her to send in her next payment! He has her thinking she will go to jail! This cannot be legal, and the money he is getting is her social security, it is all she has, and she can't even afford her doctors now. This guy shouldn't be allowed to harass anyone, esp seniors.

So does your mother have a judgment against her? There are a few different things she can do, but it depends on exactly what she is paying on.

As far as I can tell, no judgement. He told her if she didn't pay him, she would go to court or worse.

Worse? Yeah right.....even should she go to court, there is nothing they can take from her being on SSI....tell this guy that. I gave you more details in the message response I sent back to you, but you should really make your own post about this and we can help you though the situation. It is despicable that this guy is harassing the elderly.

That's what I thought I had read somewhere, that they cannot take income if it is her sole source and social security. She does not get very much to begin with.

Exactly. SSI is completely exempt.

Not really sure how to use this forum, but...I rec'd a letter yesterday from atty M.J. Scott, who is mentioned all over this forum. The CC account went into default approx 6 -8 years ago. My husband at that time was laid off work and I was unable to keep up the pmts. I tried to work with the CC company, but the acct went to outside collections. There have been no pmts by me since that time and no contact with me at all in this time. We since divorced, lost my home, became a single mom, and now just remarried. Every now and again throughout the years I would get a letter from various collection agencies where this acct was still being "sold." However, I did not respond. I live in Texas and the SOL is four years, so not sure why this acct is still being passed around with it being well over the SOL. The letter states that he intends to file a lawsuit against me unless I do one of two options within the next 10 days: 1, pay the full stated settlement amt or, 2, pay a stated monthly pmt amt in his letter. Can anyone offer advice on what I should do to proceed here? I don't have the funds to hire an atty. Do I respond with a certified letter to him stating this is beyond the Texas SOL? Do I not respond? I have heard if you respond to collection agencies that this can reset the default date. It has been between 6 - 8 yrs and I do not want to set a new current default date, so I am unsure of what to do or how to proceed. Please, any help would be so appreciated.

Did you post this question already? I answered it..but in case you are someone else:

They will pass the debt around until you are old and grey..it is what they do...they can send you letter after letter, hoping to get lucky and get a payment out of you.

Send him a cease & desist letter.....reads something like:

From this point forward you are to cease & desist all further contact with me regarding this account.

That is all you need to send him. Should he sue, and sometimes they will sue even if they KNOW it is SOL because some people don't really understand their rights and if you don't bring up SOL as an affirmative defense, then they win.

Check your credit reports as well to see if it is reporting and how.

Thank you. Okay, so if I send him a letter such as this in response, it does not reset the default date to the date I would respond to his letter, right? That's what I had been told, but believed the default date is the date of the last pmt or when it went into collections. I have also been told that if he files and wins a suit, they can wipe out my bank acct. I know he can't garnish wages, take my property (car, etc.), but that he could wipe out my bank acct. When I send this msg to him as stated above, I shouldn't put that the SOL applies, too, or should I wait on that information? And thanks so much for your help here. Yes, I did post the question, but I guess it showed up somewhere else so I reposted it here. Sorry for any confusion. New to this, but so glad I found it!

You defaulted 8 years ago? This is WAY past the SOL, and he cannot sue you as a result. IN TX your default date (last payment) sets SOL, unlike many other states where chargeoff sets it.

Letters do not reset the SOL. I would send a letter telling him that this debt is past the SOL and you dispute it on those grounds. Throw him a curve and elect arbitration. When he sues (and I am afraid he will since he has sued me twice) you have several grounds for dismissal with prejudice. THis firm is sloppy and does not read letters.

THen turn around and sue the pants off him.

(I elected arbitration and he sued anyways. He is now begging to settle in arbitration Why? He was fired and cannot hide behind a counterclaim now and fears damage to his firm.)

im being sued too. michael j scott i love you. u bring excitment in my life. i have to respond like in 10 day. should i get a lawyer or do it my self methods????

If you can get a lawyer, do so. If not, you can represent yourself Pro Se. Be sure to answer your suit by agree/deny/without sufficient information to agree/deny. Also look up any affirmative defenses you may have. We can help you answer it if you choose to go that rout.

Getting sued, too, and have a court date in a few months. I got served the "justice court citation" & plaintiffs request for admissions. I didn't respond to that. Am I screwed now?

any outcomes? of what happens after its all over? any stories anybody want to tell...

Why hasn't anyone reported any of this to the BBB. These guys have an A+ rating with the BBB and are being allowed to carry this rating when they are inappropriately practicing their business? This man really needs to be held accountable.

I am going through the same thing. Sent VOD letter via certified mail. Got green receipt and no response at all. Found out via "consumer advocate" attorney letter today that they noticed that we had a lawsuit filed against us on 3/7/2011 and they wanted to represent us. Can't believe that this joker does not have to respond at all to the VOD or follow any procedure.

I had to file a bk 7 in 2006 because of divorce and I represented myself and one cc didn't get included because I wasn't skilled enough. I was discharged in 2007. So when I realized my error I tried to make good on it and made one payment in 2007 another dumb move. None the less I moved from Oregon where this originally took place to Texas. Coming on the 4th year of SOL. My daughter was in a fatal car accident 7 months ago I lost my job to take care of her in ICU and have no money. What if any options to I have?

#74: I have found the BBB to be largely ineffectual...now if they have an A+ rating then it may be worth to file complaints with the BBB since they may want to keep the good rating but I have found often enough that the complaints get closed without any satisfaction to the consumer...not to mention that the companies love to lie through the teeth when responding to complaints.

#75: If you can afford the lawyer you should hire. If you want you can also represent yourself pro se. As it is, if the file date is after they got the letter, then you have them on continued collection activity. When you answer and put down any affirmative defenses you may have, you can also add in a counterclaim for continued collection activity for $1000.

#76 At this point...wait and see if the 4 year mark comes and goes. Once that happens, you can avail yourself of the wonderful debt collection laws of Texas and fight them.

I noticed that nobody has answered the questions about whether he is a junk debt buyer or is an attorney actually representing the credit card companies. Anyone?

#79
Micheal J Scott is an Attorney filling on behalf of the junk debt buyers he will list the credit card company's in his citation but that is about all the info on the case he will have. If he is suing make him prove everything and he will non suit before he will loose a case.
Texas,

To find a competent lawyer in your area to defend you, take a look at the website for the Texas Board of Legal Specialization. www.tbls.org. Texas has a board specialization in "Consumer and Commercial Law," which covers these sorts of cases. You can do a search for an attorney with a Consumer Law specialization in your city or zip code. Hope this helps.

I am dealing with Michael J. Scott as we speak regarding Applied Bank a.k.a Cross Country Bank. I recieved a court citation and I never showed up in court because I am unemployed and could not afford an attorney. So now I have a default judgment against me and I just recieved a letter that they can send a constable or sherriff to your home to collect the judgment, Ask the court to freeze my checking and savings account, Ask a constable to seize and sell any non-exempt property that I own, or Have the State of Texas command you to appear and testify at a deposition. However, what they are doing is illegal. They are harrassing me. I am in a sticky situation I know. How do I get out of it is yet to be seen. I do know since I am unemployed and the only money I recieve is child support that exempts me from my bank account being garnished and I called his office and a lady I spoke with told me that they do not garnish bank accounts because they couldn't do so in the State of Texas. I am filing a complaint with the attorney general and hopefully this will stop. In the meantime, I am requesting for Mr. Michael Scott to contact me. That will buy me some time. If I make payment arrangements with him I will only send a cashiers check. Wish me luck. If there is any advise please let me know. Thanks!

I am dealing with Michael J. Scott as we speak regarding Applied Bank a.k.a Cross Country Bank. I recieved a court citation and I never showed up in court because I am unemployed and could not afford an attorney. So now I have a default judgment against me and I just recieved a letter that they can send a constable or sherriff to your home to collect the judgment, Ask the court to freeze my checking and savings account, Ask a constable to seize and sell any non-exempt property that I own, or Have the State of Texas command you to appear and testify at a deposition. However, what they are doing is illegal. They are harrassing me. I am in a sticky situation I know. How do I get out of it is yet to be seen. I do know since I am unemployed and the only money I recieve is child support that exempts me from my bank account being garnished and I called his office and a lady I spoke with told me that they do not garnish bank accounts because they couldn't do so in the State of Texas. I am filing a complaint with the attorney general and hopefully this will stop. In the meantime, I am requesting for Mr. Michael Scott to contact me. That will buy me some time. If I make payment arrangements with him I will only send a cashiers check. Wish me luck. If there is any advise please let me know. Thanks!

I am dealing with Michael J. Scott as we speak regarding Applied Bank a.k.a Cross Country Bank. I recieved a court citation and I never showed up in court because I am unemployed and could not afford an attorney. So now I have a default judgment against me and I just recieved a letter that they can send a constable or sherriff to your home to collect the judgment, Ask the court to freeze my checking and savings account, Ask a constable to seize and sell any non-exempt property that I own, or Have the State of Texas command you to appear and testify at a deposition. However, what they are doing is illegal. They are harrassing me. I am in a sticky situation I know. How do I get out of it is yet to be seen. I do know since I am unemployed and the only money I recieve is child support that exempts me from my bank account being garnished and I called his office and a lady I spoke with told me that they do not garnish bank accounts because they couldn't do so in the State of Texas. I am filing a complaint with the attorney general and hopefully this will stop. In the meantime, I am requesting for Mr. Michael Scott to contact me. That will buy me some time. If I make payment arrangements with him I will only send a cashiers check. Wish me luck. If there is any advise please let me know. Thanks!

I am sorry about that.

Lucky for you, Texas has some good exemptions. They can't take your home you are living in, they can't take your first car, and a whole slew of other things. Texas is a consumer friendly state.

Yes, Texas has some good exeptions however, the bad thing they can freeze your bank account. I am being threatened with that right now and I am not sure how to go about protecting my sons and my boyfriends account because I am on their account. It's my understanding that this guy is a scum bag. I am also going to file a complaint with the Tx OAG. Actually, a class action lawsuit needs to be filed against him. Thats not hard to do and it can be done through the Tx OAG or an attorney who will take the case.

If you can, fight any suits in court...because 9 times out of 10 these scum can't prove anything they claim.

To get around the possibility of bank levies, take your name off other peoples accounts because they can and will be hit. Open up one of those online bank cards...darn hard to trace.

Well I was informed by an attorney to call the law firm or file bankruptcy so I chose to call the law firm and set up payment arrangements and paying the payments by money order. I owe the debt and I am not trying to run from it. As long as they will work with me there shouldn't be a problem. They are sending the agreement that we agreed to and I should have it in a couple of days. The payments are reasonable and since I defaulted I can get this out of my hair.

I hope you had the company validate the debt first. At least they are sending you the agreement....would never pay a thing without a written agreement in place.

I received several letters from attorneys stating that I am being sued by a Michael Scott but I have not been served or notified by the Justice Court. The amount is under $1200. I am a divorced mom, 2 kids to raise and was unable to pay the debt after I was laid off in 2007. I found another job in early 2008 and tried to pay some debt but Hurricane Ike struck and I lost my vehicle (only had liability) and had to find another one. I am just not able to pay the debt. I would like to but am just not able. I am worried that some cop is going to show up at my door and scare my kids looking for me. I really do not know what to do. Do I go ahead and contact the court (if I can find out which one)?

I am scared to death. All my life I have tried to be good...now I an a problem and can't handle it. Makes me just wish I was dead...then let them try to collect.!

And appreciate you. I don't want to just not pay mine either....I just need to recover. And when I called the original credit card company, they were not only no help, they were rude. Told me the only way they could help was if I was behind in payments...and when I fell behind, they turned it over to this guy. I will NEVER use credit cards again. The only good credit score is 0....and just use cash for everything. Good luck to you and God bless.

I got a Michael J Scott "Courtesy Copy" lawsuit in the mail on Saturday and my parents said someone was looking for me at their house on Saturday regarding some papers (process server is my guess). Do i need to respond to this lawsuit if I haven't officially been served? Should I just call the guy looking for me and let him serve me? I thought I read somewhere that you still need to respond if you haven't officially been served. I guess my question is, WHAT DO I DO? What is the first step besides the obvious, get an attorney (can't find a local one that handles this by the way and probably can't afford it).

The letter than accompanied this lawsuit says "This letter does not constitute "service" of the lawsuit and you are not required to file an answer at this time. The citation is being turned over to a process server and they will begin attempting to serve you."

You were having problems with the link that was posted. I also got an error because at the end of the link it has a colon " : " just delete the colon and you should be able to access the page. Hope that helps you.

I sent him a request for production and he ignored it. Does this give me legal standing for a dismissal?

You do not have to file an answer until after you receive a summons. You also probably do not need an attorney to represent you. Michael J. Scott's office is relatively easy to work with.

Please be sure to file your answer after receiving your summons, though, to avoid a default judgment being entered against you. Your second task is going to be to begin negotiating a re-payment arrangement or settlement with the law firm, prior to a court date. This will avoid the necessity for you to appear in court.

If you can only afford to enter into a payment arrangement, the law firm is going to require that an agreed judgment be entered. If, however, you can afford to settle the debt in full, a judgment will not be necessary.

Best of luck to you!

Marie Megge
Donaldson Williams, Inc.

If you sent request for production and they did not answer it, then I first need to ask if you sent it properly? Anytime you file a motion in a court case, one copy needs to go to the court clerk and one needs to go to the other party in the case. If you did that, how much time has gone by since they received your request?

You need to check your state's rules of civil procedure on this one--it isnt the same in every state. If the state allows, for example, 30 days from receipt for them to respond to your request, and that time has passed, your next move would be to file a motion to the court to compel discovery--basically, you are asking the court to try to force them to respond. At that point, if they still do not respond, then you can file a motion for dismissal---but I would recommend that you file a motion to dismiss with prejudice, not without prejudice. With prejudice means they cannot ever try to sue you again over the same debt, and neither can anyone else.

mariemegge,

I cannot help but notice that you have a habit of posting some very dangerous information here. I must say, I am not amused. You just advocated that a person make immediate effort to try to settle a debt when you didnt even bother to find out if he/she has reason to dispute the plaintiff's claims. Here's a news flash for you--this collector is known for a LOT of fraudulent activity....and blindly advocating that people submit to such a company without even asking for the facts is not how we do things here. Suppose the guy wanted to file that answer because the debt was already paid? Or, suppose he was being sued for a debt he didnt incur? What if he had proof, for example, that someone else had fraudulently used his line of credit?

Around here, we find out truth as much as we can before we direct people on how to handle things like lawsuits. This is a very serious matter, and should not be handled so lightly. You even advise that the person doesnt need to get an attorney!!! Michael Scott is already a named defendant in at least one current lawsuit in Texas for FDCPA violations.....and you telling people who may or may not be experienced in this field that they probably dont need an attorney is not very much appreciated.

You have already had multiple posts edited because you kept posting a link to your company here and asked our members to visit your company website for help. This is a big no-no here. And your advice says to me that you are either not very well educated on these matters, or that you care more about soliciting business than you do about actually helping people where they truly need it. Either way, I'll be watching your posts from now on with interest.

Ok, I was in the same situation, sued by Michael J Scott, on behalf of Cross Country Bank. Received the Court Summons, and I contacted them the same day. They seemed pretty professional on the phone, but would only come down off the amount by a few hundred Dollars, and of course the Lawyer Fees and Court Costs were include. I owed $1400, or there abouts.

I decided to contact a lawyer, on advice from many websites like this one. Paid the Lawyer, he replied to the court, now about 3 weeks later, I get a notice from the Lawyer, that they (MJS) have given me a "plaintiff's notice of nonsuit". What exactly does that mean? Can they sue me again later on down the road? What are my options now?

Thanks!!

I am being sued by the fantastic Michael J Scott, P.C. Long story short, I lost my job in 2007 & when I finally got another one in 2008 I had to play catch up. Up until then my payment history was perfect for years but when I moved out of Austin to west Texas jobs were scarce & minimum wage. When I called Cap One to try to work it out they informed me the debt had been charged off & sold. When I called the new company they were rude & would not work with the amount of money I could pay per month. It was originally a $500 credit limit charged off at $1059. Now I'm being sued for $2800 plus court costs & the maximum interest rate allowed by law. When I called the office of MJS they offered me a payment arrangement of $600 a month till paid. First payment due IMMEDIATELY. Yeah, if I had $600 a month to throw around Cap One would not be needing his services. When I asked about validation of debt they said my 45 days were up. The suit says I received a Demand Letter in Feb 2011, which I did not. The first correspondence I received from them was a courtesy copy of the suit on Aug 6, 2011 which I was formally served by the county on Aug 8, 2011. I have replied to the court with a denial without more info letter but I am still going to send the validation request via certified mail. This forum has helped me a lot.

My issue is this. The Plaintiff is listed as Cap One, but the address they have on the service letter, which the office of MJS told me is the address of the Plaintiff suing me when I inquired, is literally a vacant restaurant/bar for sale in Austin, TX entertainment district. So I'm also seeking to find out who the Plaintiff really is & what the debt was bought for, etc. Don't know if it'll help me or not. Any advice would be appreciated.