They filed a civil suit against me regarding an old credit card debt that is a time-barred debt and are trying to use the courts to enforce it. According to the rules of the U.S. Federal Trade Commission, what they are doing is illegal. Ive called this to their attention, twice, yet they continue to ignore this fact.
Cease communication (Sent via certified mail) DATE: July 29Creditor name: Jerold Kaplan Law Office, PC Midland Funding LLC Attn: Fred DiasAddress: 2738 E. Washington St. Phoenix, AZ 85034This letter is in regards to said summons. I am requesting at this time for you to cease communications with me regarding this account. Please see attached civil response form for reasons. Any future phone calls/mail I receive at my home will be reported/forwarded to the Federal Trade Commission as a violation of my rights according to 15 U.S.C. 1692c.
This is the second letter sent:
Cease communication (Sent via certified mail) DATE: August 17 Creditor name: Jerold Kaplan Law Office, PC Midland Funding LLC Attn: Fred Dias/Pat EsquivelAddress: 2738 E. Washington St. Phoenix, AZ 85034This letter is in regards to the above court number. Again, I am requesting at this time for you to cease communications with me regarding this account. Please see attached copy of my first civil response form for reasons and for reasons stated below. As stated in my July 29 Cease Communication letter, any future phone calls/mail I receive at my home will be reported/forwarded to the Federal Trade Commission as a violation of my rights according to 15 U.S.C. 1692c. All your latest letters, forms, etc., have been copied and forwarded to the Federal Trade Commission, along with copies to the J.P. Agua Fria justice court (to let the court know this matter cannot be pursued in court and your wasting the courts time), Arizona Bar Association, usacomplaints.com and the Better Business Bureau. I went to a pre-trail conference on 9/29/09 @ 11:00 A.M. Related to the above stated case number. I was lead to a small conference room with a person, who did not introduce himself, but said he was from Jerold Kaplan Law Office (I had to call back to the justice court and find out his name, Pat Esquivel). He asked what I wanted to do about the case and I told him nothing and that it was a time-barred debt. He asked me where I got my information and I told him that I laid it all out in my previous letters back to him and for him to re-read it. He asked me to sign a pre-trail conference report and I told him I would wait for the judge to tell me what to do and he stated there would be no judge. He then got up and we went to the front lobby, clerks window to have them do something with the report. He said something to the court manager, Dan, and he filled out something on the report and made me a copy. It was during this interim that he asked me where I got my information regarding the time-barred debt and statue of limitations. Again, I told him it is all explained in my letters back to him and (this is where the unprofessional conduct comes in) in front of the court manager and anyone else within ear shot, he says to me, your stupid paperwork is wrong. I immediately went into a defense mode and said back to him my stupid paperwork? Thats real professional coming from you. Even the security guard heard my voice raise a bit. After that comment, all I wanted to do was get away from this guy. How is someone that is suppose to be a professional be allowed to belittle and insult someone in front of God and anyone else around. I will admit I was just a bit pissed off when I left the building and could not wait to put a much distance between this so called professional and myself. Bottom line, I've since received a motion of dismissal from the court and have filed futher charges against these "professional" low-lifes with the State Bar of Arizona. Go to Creditcard.com and learn how to greet these people head on. This is where I got allthe ammo I needed to combat these pond scum.
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