Being sued by Michael J. Scott, PC

hang on a second, you sent them a debt validation request and they didnt validate, but they then sued? That is against the law in Texas, big time. Texas has its own state law that says once you send a DV request letter to a debt collector, they have to validate the debt within 30 days or else they cannot collect on the debt at all. I would definitely check into legal aid or speak to an attorney on this one, it looks like youre getting hosed. One more thing--when you sent the DV letter, did you send it to the lawyer or to Citibank? And also, did you send it by certified mail?

I sent the DV letter to the lawyer. I sent it by certified mail and I have the green card back. He never sent back a verification of the debt. .

That's right, they did not respond to my debt verification request and is suing. I sent the DV letter via certified mail to the lawyer and have the green card back, but no verification.

Yes, that is a big NO-NO in Texas! You can countersue them right now for not less then $100 per violation, which right now is one. Is this listing on your credit reports? I would definitely get a lawyer if you can manage that!

If you can't get a layer (I highly suggest you try) then you can get some help here. Most of us are not lawyers, but we have experience with helping others, but remember, we are not lawyers.:)

Have you just gotten the summons? Have you filed an answer yet?

Oh a side note..Texas has excellent consumer laws, you don't have to worry about getting your wages garnished as Texas is a no garnish state (except for child support and government things like student loans) and there is a bunch of stuff that is protected from liens. However, your bank account is not protected. Were I you, I would get one of those online debit cards to keep your essential monies in like your living expenses. No matter what a judgment may say, you have the right to be able to pay your rent and feed your family!

OH How old is the debt? When was the last time you made a payment on it? texas also has a SOL (statute of Limitations) of 4 years....if it is older then that, then that is your affirmative defense, but you want to use that as a last ditch effort because anything protected by SOL can be taxed....you will end up getting a 1099c and have to file taxes on it like it was income. You will want to use discovery to force validation.

Hi stormy - I've had recent experience with the Michael J. Scott, P.C., firm as an attorney as a consumer. First I helped a friend respond to a lawsuit they filed. When I answered the Request for Admissions I received in a way that required them to produce a valid agreement executed by both parties, they non-suited (that means dismissed) the case. Then, I received a collection letter from them on some debt. I too have gone through the process of demanding they validate the debt (which they can't). DO NOT LET THEM GET AWAY WITH THIS - Do not let them get a default judgment against you. If he screws up with me, I plan to sue him and his firm. GOOD LUCK!

Maybe the OP should contact Bud Hibbs and seek some local advice on how to get rid of these guys.....

I want to thank everyone for your help and suggestions. You guys are awesome. I have found an attorney to help me with this. The debt is 7 months delinquent. They didn't waste time suing. Citibank jacked up my rates from 8.99% to 30% and I was carrying a large balance when they did that. They tripled my monthly payment making it impossible for me to continue paying it. As a result of all of this my 790 credit score went to 546. I feel so bad over all of this.

I am going through the exact same thing with this firm. I have hired an attorney and we're moving forward but I'm having trouble finding case law that supports the statement made above about them not being able to collect if they didn't validate.

I know the law says they have to validate and can be sued for not less than $100 (they have also violated several other parts of the Texas law that is actionable under the deceptive practices statute) but I'm wondering how many of us need to be "similarly situated" before we can put a stop to the way they do business.

I don't care about getting any money personally -- I just want to put a stop to them.

Any ideas or help with that case law would be appreciated.

I also received a letter from Michael J. Scott, PC regarding a Citibank card. Was wondering if anybody had any attorney suggestions in the North Dallas or Far North Dallas area.

We are about 8 months behind and the way things started snowballing there is no way to get back into good standing and now this.

Seriously, Michael J. Scott? Is this even a real collection agency?

any suggestions for attorneys to defend a credit card lawsuit

I received a letter from Michael J. Scott PC from a copy LVPN funding a collection agency. The letter stated that there was still time to prevent court. I responded that I needed the debt validated and the court sent me a letter with a court date. No response yet from Michael J. Scott PC

I received a civil lawsuit notice from Mr. Scott regarding a third party debt collector named LVNV. He hasn't validated my debt request letter either . I received the court citation and called them . They said I will have a court date next month. I researched both Federal and State Statues on debt collection and He has violated 2 Federal and a whopping 4 maybe 5 State Laws on Debt collection........Anyone want to do a class action suit against this Jack Ass? Otherwise ..See you in court Michael!!

Michael Scott sued me a few ago. I responded to all legal documents and sent him Discovery which he never responded to. I sent it to him and the court as the same time. Court acknowledged receiving it. I moved to another state about 6 mos later. Still no court date and no response from Mr. Scott. About 9 mos later I see a Judgment on my credit report - default win.

He breaks all kind of laws but I don't have the resources to fight him. His office has started calling me last week but I have not responded to find out if it is the same debt or he has come up with a new one. Let's get him!

according to http://www.budhibbs.com/collectorpages/scott_michael.htm:
July 2008
Anyone dealing with collection attorney Michael J. Scott of Dallas should be aware of the following:
1) Send him a dispute validation letter on every account he is collecting.
2) Scott does not have any paperwork that he can send so he hides behind the 'Chaudhry v. Gallerizzo' b.s. to keep from having to validate.
3) Scott is lazy, and takes the easy road on every situation, his litigation skills are (well, you get what you pay for.)
4) If you are sued by Scott, follow Bud's advice, get a NACA lawyer to represent you. He is not capable of dealing with them on the level they litigate. Scott is weak, does not work his cases diligently, will always take the easy exit. How do I know all this? I used to work there.
------
Update from Oct 09
Blue W. Rannefeld now works at Michael J. Scott, P.C. (Franchise name?) There are two attorneys at this location, Blue and a Judith Morgan

Great information! I could not get the link to work. Are you sure it is correct as I am very anxious to read it?

Thanks in advance!

Yeah, we sued by the same dude. He is suing us in a county that we haven't lived in in 18+ years on a debt that we were already sued for (and won) and the debt if it were still valid has not been paid on in 7 years. Just wrote our answer for the court. Guess we will see. I asked for a dismissal first and foremost and then if that can not happen I asked that it be moved to a town in my own county.

I also live in Texas

try
http://www.budhibbs.com/collectorpages/scott_michael.htm
Quote:

Leonard Pruzansky, who is listed on the account affidavit sent by the office of Michael J Scott, already lost a LARGE lawsuit with another company for violations. Advantage Assets is no longer active and he's now on Advantage Assets II, which I cannot locate. Citibank seems to have thrown in with this bunch. They do not validate, they simply have this guy's unreadable signature on an affidavit saying he is "personally aquainted with the facts" and stating that you owe. No other proof is provided. Yes I would go in to sue this guy on a class action.

sO , WHO HERE IS A LAYWER OR HAS A LAWYER , TELL US WHAT IS NEEDED TO JOIN TOGETHER AND SUE

So , who here is a lawyer or has a lawyer and can you find out how we join together and sue this bottom feeder in a class action suite. He needs to be dealt with now...

Quote:

I received a call from Mr. Scott's office. I have not returned the call yet. I have citicard debt. A lot of it. I had perfect credit. I was auto paying $200/mo. Did it for over a year. It was more than the min. Then, the payment was 201.97. I didn't notice until my card stopped working. By then, I was 33%, over limit fees, late fees, and they would not budge. My payment went from the 200's to 800's. I tried a repayment plan, did that for a year, then was laid off. I got my home loan modified through Obama plan. These balances and payments are just too high. I work at a lawfirm now. One that has a whole department on creditor's rights. I will check and see about the debt validation response.

You may dispute the validity of the debt or any portion thereof. If you do so, in writing, within thirty (30) days of receipt of this letter, we will obtain and provide you with a verification of the debt. If you do not do so within thirty (30) days, the debt will be assumed to be valid. Likewise, you may request us, in writing, to furnish you the name and address of the original creditor, if different from the creditor named below. If you do so within thirty (30) days from receipt of this letter, we will furnish it to you.

Uh..what if you don't receive any "demand" letter or a paper stating they have your account? All you receive is a paper in the regular mail stating you are sued? Then what?

I've received a letter in the mail from Micheal Scott on behalf of Equable Ascent Financial LLC stating "WE HAVE DECIDED TO FILE A LAWSUIT AGAINST YOU" if they don't hear from me in the next 10 days. I faxed a FDCPA legal dispute notice & demand for validation today, no response yet. I got the form from Bud Hibbs. From what I'm reading, it doesn't matter, he's going to sue anyway. Should I go ahead & mail it certified?

Is there a way we all can come together to fight against this unsympathetic shark? He's raises up his own interest rate to what he wants the moment you contact him. for me mine was 8k and within short months it was 22k. I agree w/you all he has to be stopped.
On his Michael J Scott website it states the its not certified by Texas Board of Legal Specialization.
"At the law firm of Michael J Scott, PC, our approach is to focus on what you are seeking to accomplish.
It is our job to understand your objective, to develop an efficient and direct approach for achieving that objective, and to implement that approach aggressively.
It sounds simple. It's not.
There are plenty of law firms prepared to work on your problem.
We are prepared to fix it!
If you are looking for proactive attorneys to be effective advocates for your interests, then you have come to the right place. "
I agree to coming together to fight against this prick. He wants to put this legal judgement against me forever raising up interest making sure I don't ever make it out of debt. He makes sure no one gets out of debt even through backruptcy.
In his section of bankruptcy it states:
"Our efforts often include motions to lift stay so that we might foreclose on the debtor's property, a challenge to the debtor's entitlement to a discharge by the bankruptcy court, or a request that we be authorized by the court to pursue claims against other parties to whom the debtor may have transferred their property prior to filing bankruptcy."
For his collection section of the webpage:
"A good collection practice is not about impressive lawyering. It is about attitude, diligence and experience. If someone owes you money, you can either motivate them to pay, or you can drag it out of them. These are your two options. You start with the first; but you must be able to deliver the latter. This is where a standard "collection agency" comes up short. They can get started, but they can???t follow through. At Michael J Scott, PC, we are all about following through.
At Michael J Scott, PC, we have the necessary attitude, diligence and experience. Our attitude is that of our clients: Just Pay the Money! Our diligence is found in established systems designed to move collection matters forward on an aggressive timetable. Our experience comes from representing some of the largest collectors of debt in this country. As such, we know how to get the job done and to keep our client's interests protected."....his email: [email]mscott@scott-pc.com[/email]
It makes me feel like what is the whole point of being alive when everything gets taken away from you.Its stuff like this that makes me want to just commit suicide just not having enough to pay it off just so that they can quit pestering me. I don't know how to fight against all of this when I don't have enough.

I'm also dealing with Mr. Scott's office concerning a Citibank account. I NEVER received the written notice required by law from Mr. Scott's office (I keep accurate records). The first thing I received was a letter stating it was a written response to MY request that they validate a debt from Citibank. Why would I request validation when I had never received written notice?? The letter didn't state the amount of the debt. I did lots of research on this, including finding this site, filed a complaint with the FTC and the Texas Attorney General's Office, sent a certified letter to Mr. Scott's office stating my beliefs that he had violated the FDCPA by never sending the written notice and also deceptive practices by stating his letter was a written response to my request that they verify the debt--I NEVER sent such a request! The certified letter I sent in response was signed for on Aug 9th. Today, I received a letter of NOTICE OF INTENT TO FILE CIVIL LAW SUIT unless I responded within 10 days to settle the account. I have filed a second complaint with the Attorney General and I'm sending all documentation to the Attorney General by certified mail along with another certified letter to Mr. Scott's office. I'm concerned because I don't know whether or not I should dispute his claim and request validation since he NEVER sent written notice informing me of my right to do this, yet he sent validation that I didn't request-- It seems to me he is repeatedly failing to follow the law and then leaving consumers like us unsure as to what to do--as I stated I have yet to actually send a Validation request letter to him, because he has yet to send me written notice ---in the letters I've sent, I've pointed out the violations--but again I'm unsure as to whether to dispute his claim and request validation without having ever received the written notice that he is required by law to send. I'm really STRESSED about this!

I am also dealing with Michael J. Scott, PC concerning a Citibank account. I received a letter via regular mail dated July 22, 2010. The letter stated it was a a written response to my request that they verify an "above referenced debt" --no amount was included. He noted some cases concerning Verification of debt (Chaudhry v Gallerizzo) as someone mentioned he likes to hide behind. First of all, the letter was NOT a written response to MY request that he verify the alleged debt because I NEVER received the written notice of the debt from Mr. Scott's office as required by law--why would I send a written request if I had no written notice of an attempt to collect a debt?? I keep very accurate records and had I received the proper notice I would have responded appropriately by certified mail. So...I'm a little at a loss as what to do and now very concerned that I am going to be sued...I did a lot of research, including finding this site, filed a complaint with the FTC, the Texas Atttorney General's office, and sent a certified letter to Mr. Scott's office stating my beliefs that his office had violated the FDCPA. The letter was signed for on Aug. 9th. Today I received a letter of NOTICE OF INTENT TO FILE CIVIL LAW SUIT if I did not respond within 10 days to settle the debt. I've filed a 2nd complaint with the Attorney General's Office and I'm sending all documentation (the two letters I've received from Mr. Scott's office and the certified letters I've sent to him) to the Attorney General's Office by certified mail. I'm also sending another certified letter to Mr. Scott's office. My concern, is whether or not I should actually dispute his claim and request validation since I NEVER did and still have not received the Written Notice letter as required by the FDCPA. The letters I've sent have only stated my belief that he has violated the law. It seems to me Mr. Scott is continually failing to follow the law and leaving consumers like us unsure as to what to do to protect ourselves--not to mention the stress it is causing.

If you have good reason to believe this attorney has violated the law in his dealing with you, file a complaint with the State Bar by completing this form:

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FilingaComplaint/HowtoFileaComplaint/Grievance-Form_English.pdf

I guarantee this will get his attention.

I just recieved a settlement offer from Scott from Capitol One Dept. The settlement offer is $3400 dollars over my initial credit line. They say I have to contact their office within 10 days to recieve this settlement offer. What is your advice??

Hi, I received a letter from Michael J. Scott stating they represent Capital One Bank for a charged off auto loan I have. They show the amount owed is over $6k more than my credit report shows for the charged off amount and are requesting it in full within 35 days or possible lawsuit. Of course I cannot pay it (or I would have taken care of this already). What are my options? Thanks in advance.

Well Well Well!!!!!!!! This is exciting guess what everybody my wife will be meeting this assclown or one of his representitives in the next 50-60 days in small claims court along with me as her council. First off let me say MICHAEL MIRRAS MICHAEL MIRRAS MICHAEL MIRRAS...This man is the shit he has been to federal court 6 times and won every single time if you need proof go to Pacer.gov and it list all federal cases ever brought in THE U.S.A you can find him on Rule of Law Radio.com He is all you need you dont need a Lawyer, you represent your self. Listen to me people "I KNOW THE LAW WHEN IT COMES TO THIS MATTER". At any rate i wont spill to much guts here as who knows whos reading this stuff "Mr. Scott"... When a creditor or a 3rd party debt collector attempts to collect an "alleged" debt from you they must follow certain federal and state laws. Please note state laws are not near as strong as federal. At any rate they never follow the laws and they are required to do. So you just keep track of the violations and when you go to local court as some of us have had to do. You will file a admissons of denial and you will also file a "SMJ" the court lacking Subject Matter Jurisdiction" based on "Due Process". Oh they will try and show proof of the debt but they cant as they have to have "competent Fact Witness having firsthand knowledge of the indebtness" which they cant produce. So at this point the attorney is shiting his pants because he knows YOU HAVE YOUR SHIT TOGETHER. A smart attorney would ask to speak with you at this point and ask you how much is it going to take to make this go away. But if they dont you just file your federal lawsuit and then they will settle as none of these cases ever ever have gone before trial and jury in federal court and there is no way they can win. At any rate ruleoflawradio.com Mike Mirras program is at the bottom of the page get and go after these shitbags!!!!!!!

Quote:

Quote:

I'm involved in a lawsuit with Michael J Scott and a third party debt collecting agency, as well. In my case, his office violated the Fair Debt Collection Practices Act several times. I filed a complaint with the FTC:
https://www.ftccomplaintassistant.gov

If Mr. Scott violated the FDCPA in your case, I suggest you file a complaint too. If the FTC gets enough complaints, he will become the subject of a federal investigation! I'm also thinking about filing a new lawsuit against his office for violating state and federal debt collecting laws. Have any of you sued Michael Scott in return? Any advice?

Work: [email]mscott@scott-pc.com[/email]
Personal: [email]mscott.law@sbcglobal.net[/email]

My husband is being sued by this Michael Scott, for a Citibank credit card account that he never even had.
The law suit was filled with so many lies, which included the reality that this bottom feeder Scott had never contacted us in any way about this alleged debt before the lawsuit ,that we decided that the best thing for us was to fight the issue. Surprised our count JP, when we let him know that we were fighting this issue, for so many people do not fight back when it comes to these kind of suits. We are waiting for the hearing set for next month, knowing that this Michael will not provide us with our demands for verification as well as documentation, as the case will be dismissed.
What I would like to know is how this man can come up with so many people to sue in one small area of town. In the last few months several of my neighbors have found themselves being presented with a lawsuit by this same man. And after talking with the officer that server the papers, we found out that there were a lot more filled. I am setting up a web site myself to help my neighbors fight back. Only together can we fight these kinds of bottom feeders.

I also received a law suit from this guy MS. and it says there that I don't need to respond now have 56 days or settle the account. what should i do?

jmags--

PLEASE explain word for word what it says about "you dont need to respond". Something sounds VERY fishy about this.....if you like, you can scan and send me an email of the summons--my email is the same as my user name here, at yahoo. Feel free to make a copy, and on the copy you can black out any of your personal information. If you are interested in this, I would be happy to look at what you have received, something sounds very wrong with this...

Ok, you guys have me a little worried today. I spoke to their office Friday and made a verbal agreement to pay 50% on a judgment that has been hanging over my head for 2 years with Capital One. The original attorneys have given the collection to MJ Scott. I want to settle this ASAP so I agreed to pay before end of month. I plan to fax our agreement and have them sign that the judgment will be settle once they cash the money order. Does he deal fairly in these matters or did I just open myself up to more trouble? Has anyone actually settled with this guy, surely he bought the collection cheap and would be happy getting the money.

He did the same thing to me; he sent a courtesy copy of the complaint and the answer request and said it did not need to be answered at this time. (Of course not, he cannot serve you his own lawsuit.) States that "this letter does not constitute service aof the lawsuit and you are not required to file an Answer at this time." Sounds like they boilerplate these.
Checked the court website and he did indeed file. Gave me a "it is not too late to settle this out of court" letter. Too bad I had already elected and initiated private arbitration. It is too late to settle because it won't go anywhere in court and they just gave me more to claim in arbitration. They won't settle for what I want anyways...not till they get that first arb bill.

Quote:

I was sued by this scum bag and lost. I made good arguments but I think the judge had to get to his golf game or something. Now i have a threatening letter that if I don't pay that a sheriff could be sent to my house, that they could freeze my accounts, and that they can send a constable to seize my property. This gut is the worst sort of human. I did not have a lawyer when I went to court. i couldn't afford one. This was on an account that was 10 years old. If there was a class action suit against this guy I would sign up in a second. Anyone have any advice for me?

There are many lawyers in Texas who defend these types of lawsuits and win or get the lawsuit dismissed. Now you need one to negotiate a settlement of the judgment.

Quote:

Quote: