If you're reading this, you're a victim of Scott Lowery.
Yeah, he got me too. Or so he thought. People, it pays to have a legitimate attorney and do a little digging on your own.
My case in a nutshell... I had a reposession almost 5 years ago. Scott Lowery and CACV - which basically are "scavengers" who buy up the debts of other companies because they think the are above the law - hired a PA attorney to file a "lawsuit" against me for the balance of the debt.
I went through what everyone else went through with them. They would call my work, my cell phone - they even threattened my family! - and whenever the Fair Debt Collection Practices Act was brought up, I was told I didn't know what I was talking about.
I was as scared and upset as anyone else would be. But I'm pigheadded. I refuse to be a victim. I did a little digging and found out that 1) CACV had no legal right to this claim because my contract wasn't with them, and 2) the STATUTE OF LIMITATIONS - learn those words well, my friends - had expired on the original contract. Basically - while I am not proud of the situation I had been in - legally, I am not bound to it and they cannot use the courts to collect it.
On the advise of my "guardian angel" - an attorney who offered his time and services to help me out - I filed a response to their claim in court. Basically, it said I know the law and I know you're wrong and if you don't back off I'll sue. I also had CACV and his PA attorney served with date-stamped copies of the response. I haven't heard a word from them since.
I cannot say that what worked for me will work for everyone. I was lucky enough to have an attorney help me, otherwise I would still be suffering. Please, please, please people... If you are reading this then you know what I'm talking about. Call your local lawyer referral service. Tell them you want to know the laws regarding the statute of limitations and Fair Debt Collection.
If you have a case in court, DO NOT IGNORE IT! Bottom-feeders like Scott Lowery thrive on the fact that they threaten and scare people into not responding so they can get a default judgement that they have no legal right to. Know your rights and stand up for them.
I'll close with this... As of today - December 23 - I have found at lease half a dozen cases in my local courthouse that CACV has filed that are legally expired. And every one of them has gotten a copy of my case and the phone number of a local attorney who will help them. And I intend to make sure every single one they file in the future receive the same information. I am also filing a complaint with the Colorado Supreme Court regarding their collection practices (and I encourage everyone to do the same - his Bar Association number is 15130 Philip Scott Lowery). I'm making it my personal goal to have this man disbarred and shut down.
To everyone out there, good luck and God Bless... We can and will beat him.
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