There is this CA harrasing one of my family members. Their name is Fein, Such, Kahn and Spheard P.C. in Parsippanny, NJ They have send my aunt 4 pieces of paper that are doubtful in ligitimacy. They sent my aunt papework that states she is being sued for a CC debt. The first two claims they've entered a motion against her at court, complete with dock number and county court seal. However, the paperwork isnt signed, it's a printed signature. There is no mention of a date or time to appear in court in any part of the paper. Only simply that they have entered a motion and that if she WANTs the court to hear her side of the case she needs to write back. Or call them an pay them in full to avoid court. They sent another copy of the same paperwork to her later. She then recieved another supeana which states she has been served and what not, and the line that says "to appear before a court on ________ day of __________ 2005" is completely empty, no date. Then, she recieves another letter which says she is has failed to appear in court on december 20th, 2005. And that they have issued an "imformation supeoana" to her via the court. They gave her an questionaire of social security, bank info, car make model, and so fourth. Says if she doesnt repond withing 14 days she can be arrested. Yet they ask the paperwork be mailed to them, not the court. In all of this they never specify a court date or judge, or number of judment against her. In fact, the paperwork states in the front this is a communications from a debt collector. I know handing out fake court papers in a big violation of the FDCPA, and the paperwork that says she is being sued looks like it was a copy of a copy of a copy of a copy. Is there any way to verify if the paperwork is legit? Does any of this seem out of regulation?
If it names a court at the top, call that court's clerk and verify the case number. If it doesn't exist, then you have all kinds of violations against them. My paperwork from the District Court has often been stamped and not signed. However, not of it has ever contained the mini-miranda. Check with the clerk to be positive.
