ComplaintsforApothaker & Associates Attorneys at Law
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Complaint Details
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Initial Complaint
10/31/2023
- Complaint Type:
- Billing Issues
- Status:
- Answered
Made an agreement with this agency, agency still drained bank accounts without ever notifying. No point in making a payment agreement.Business response
11/06/2023
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed and operating in good standing in ************ and ********** that collects delinquent accounts on behalf of our clients. All **** attorneys maintain active legal status, as required by the laws ************ and **********.
In this particular matter, **** is collecting a delinquent account on behalf of our client, Cavalry SPV I,LLC (Cavalry), who acquired Mr. ********** delinquent Navy ******************** (NFCU) consumer credit account.
On or about December 16, 2019, **** filed an Entry of Appearance in the Court of Common Pleas of Westmoreland County, ************, judgment case No.441 of 2014, Cavalry SPV I, LLC v. ***********************************, on behalf of Plaintiff, Cavalry SPV I, LLC.
On or about October 24, 2013, and prior to ASPCs Entry of Appearance, ******** & *******, LLP (********) initiated,on behalf of Cavalry, and prior to the expiration of the relevant statute of limitations, a civil action against ********************** for payment of the delinquent NFCU consumer credit account. This civil action was filed in the Commonwealth of ************, County of ************,Mag. Dist. No: MDJ-10-2-06-CV-0000130-2013.
On or about November 27, 2013, a Default Judgment was entered for Plaintiff, Cavalry, and against Defendant,**********************************, in the amount of $2,285.73. This judgment was not appealed by either side.
On or about January 29, 2014, a Praecipe to Enter Judgment on Magisterial District Judges Transcript of Judgment, in the amount of $2,285.73, was filed in the Court of Common Pleas of Westmoreland County, ************, case No. 441 of 2014.
The time period during which legal action may be taken, also known as the statute of limitations, had not expired when the civil action was filed on October 24, 2013.
********************* is correct that he entered into a monthly payment arrangement with our firm, and we appreciate his cooperation to resolve this matter. Regrettably, ********************** only made three (3)payments; the last payment received was in July 2023. Since no further payments were made, or about October 4, 2023, **** proceeded to file a bank levy to collect the balance due.
On or about October 31, 2023, ********************** contacted **** stating that the funds in his bank account were on hold. **** staff communicated to ********************** that **** would dissolve the hold on his funds and immediately emailed the bank a 'Praecipe to Dissolve Attachment Execution, and requested the bank release the funds on hold. On or about November 3, 2023, **** provided the Praecipe to Dissolve Attachment Execution filed with the Court, to both ********************** and his bank.
********************* has agreed to another monthly payment arrangement. **** will continue to assist ********************** to resolve this account. If ********************* has any additional questions regarding the account, he can contact **** directly.Initial Complaint
03/16/2023
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
This company froze an account and withdrew money from said account, only information was a phone number given to me by the bank which then got me in contact with this company, after contacting them to find out why, was told that it was a debt collection on a debt from over 10 years ago, I proceeded to explain the statue of limitations and such and the representative argued and got a temper with me and proceeded to tell me that a lawsuit was filed and judgement was passed without ever notifying me I explained to ******* that they didn't even have the correct address for me and that this is a mistake and illegal and from that point forward it was mishandled by them, I've not received any other information on the matter nor do I have any information even on the "debt" as it was over 10 years.there was no contact prior to or doing any of the issues complete lack of communication and willingness to circumvent debt laws.Business response
03/23/2023
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed and operating in good standing in ************ and ********** that collects delinquent accounts on behalf of our clients. All **** attorneys maintain active legal status, as required by the laws ************ and **********.
In this particular matter, **** is collecting a delinquent account on behalf of our client, Cavalry SPV I,LLC (Cavalry), who acquired Mr. ********** delinquent Navy ******************** (NFCU) consumer credit account.
On or about December 16, 2019, **** filed an Entry of Appearance in the Court of Common Pleas of ************ County, ************, judgment case No.441 of 2014, Cavalry SPV I, LLC v. ***********************************, on behalf of Plaintiff, Cavalry SPV I, LLC.
On or about October 24, 2013, and prior to ASPCs Entry of Appearance, ******** & *******, LLP (********) initiated,on behalf of Cavalry, and prior to the expiration of the relevant statute of limitations, a civil action against ********************** for payment of the delinquent NFCU consumer credit account. This civil action was filed in the Commonwealth of ************, County of ************,Mag. Dist. No: MDJ-10-2-06-CV-0000130-2013.
On or about November 27, 2013, a Default Judgment was entered for Plaintiff, Cavalry, and against Defendant,**********************************, in the amount of $2,285.73. This judgment was not appealed by either side.
On or about January 29, 2014, a Praecipe to Enter Judgment on Magisterial District Judges Transcript of Judgment, in the amount of $2,285.73, was filed in the Court of Common Pleas of ************ County, ************, case No. 441 of 2014.
The time period during which legal action may be taken, also known as the statute of limitations, had not expired when the civil action was filed on October 24, 2013.
I reviewed telephone communication between ********************** and our staff member,and regret that ********************** did not receive the customer service and assistance he should have received. This staff member has since been retrained and also regrets her conduct.
Validation of this account was sent by regular mail to ********************** on Wednesday March 22,2023.
Since **** entered its appearance, it has attempted to collect the judgment balance through the Courts legal process. **** will continue to assist ********************** to resolve this account. If ********************** has any additional questions regarding the account, he can contact **** directly.Initial Complaint
12/17/2022
- Complaint Type:
- Sales and Advertising Issues
- Status:
- Answered
Apothacker and ***** PC cleaned out my entire bank account 1 week before Christmas. I have never heard of this group before, nor have I had any dealings with them. I reviewed my credit report and nothing was amiss. They state I owe an unpaid debt and they have taken the case to a judge. Ive never been serviced with any legal documents or received written or verbal communication for this organization. I am a struggling single mom and the callous actions of this organization have placed my children and myself in a precarious position.Business response
12/27/2022
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed and operating in good standing in ************ and ********** that collects delinquent accounts on behalf of our clients. All **** attorneys maintain active legal status, as required by the laws ************ and **********.
In this particular matter, **** is collecting a delinquent account on behalf of our client, Cavalry SPV I,LLC (Cavalry), who acquired Ms. ******* delinquent consumer credit card account from *********************** or about August 24, ****, **** sent **************** the notice required under 15 U.S.C. ****g, which requires that consumers be provided notice of their rights. The notice was not returned as undeliverable. **** did not receive a request for validation from **************** during the thirty-day validation period.
On or about October 15, ****, **** filed a lawsuit against **************** in the Court of Common Pleas of Lebanon County, ************, *************** Docket #****-01269. On or about November 10, ****, **************** was served in the lawsuit. On or about December 20, ****, a default judgment in the amount of $4,101.95 was entered against *****************
After receiving Ms. ******* BBB Complaint, **** reached out to **************** and both parties effectively worked together to resolve this complaint. We appreciate and thank **************** for her cooperation and assistance. **** communicated directly with the attorney for Ms. ******* bank to help expedite the release of her account, and will continue to follow up.
**** will continue to assist **************** to resolve this account. If **************** has any additional questions regarding the account, she can contact **** directly.Initial Complaint
09/06/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
On May 16th, I received a notice that my judgment was reinstated. On August 29th, I received another notice that the judgment was reinstated - I've tried on several occasions to work with this attorney on a reasonable pay back plan so that I can take care of this debt. This attorney is not willing to work with my budget while other debt collectors have no problem and the debt is with the same financial company. Every time I call this attorney, I get another threatening notice in the mail, along with several phone calls daily. This is completely on the lines of harassment at this point. I have taken responsibility for the debt and have done my best to work with this firm to pay back my obligation. I've been working diligently to repair my poor credit and this is hindering the process.Business response
09/13/2022
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed and operating in good standing in ************ and ********** that collects delinquent accounts on behalf of our clients. All **** attorneys maintain active legal status, as required by the laws ************ and **********.
In this particular matter, **** is collecting a delinquent account on behalf of our client, BUREAUS INVESTMENT GROUP PORTFOLIO NO 15 LLC (Bureaus), who acquired ************************* delinquent consumer credit card account from COMENITY BANK; this account was branded as an EXPRESS consumer credit card account.
On or about October 5, 2021, **** sent ****************** the notice required under 15 U.S.C. ****g, which requires that consumers be provided notice of their rights. The notice was not returned as undeliverable. **** did not receive a request for validation from **************** during the thirty-day validation period.On or about December 28, 2021, **** filed a lawsuit against ****************** in the Court of Common Pleas of Erie County, ************, *************** Docket # *****-2021. On or about July 19, 2022, ****************** was served in the lawsuit. On or about August 29, 2022 the court entered a judgment against **************** in the lawsuit.
On or about August 29, 2022, **** and ****************** entered into a reasonable monthly payment arrangement.If ***************** has any additional questions regarding the account, she can contact **** directly.
Customer response
09/13/2022
Complaint: 17922101
I am rejecting this response because:
I do not know who **************** is in reference to this response.I also did not enter into a payment plan because this law firm would not work with me on an affordable option. If I did enter into this agreement I would have set up a automatic payment on a specific date and would have received a contract either via email or **** mailing.
To date i have not received this information.
Regards,
*****************************Business response
09/22/2022
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to Ms. ******** response.
****************** points out two (2)mistakes that I made in my initial response; I apologize and take full responsibility for these errors.
The first error was the use of *************** in the following sentence: On or about August 29, 2022 the court entered a judgment against **************** in the lawsuit. The sentence should read: On or about August 29, 2022 the court entered a judgment against ****************** in the lawsuit.
****************** is also correct in that she never entered into a payment agreement. On or about August 17, 2022,****************** made a $35.00 payment online via the **** payment portal. Regrettably, while reviewing this payment, I misread the account notes. Again, I apologize for this error.
Meantime, **** is working with our client to facilitate a reasonable payment plan to pay back this debt, and will promptly respond when I have more information.Customer response
09/23/2022
Complaint: 17922101
I am rejecting this response because:to date, I have not hears from this debt **llector in regards to a "reasonsble" pay plan. I will ** tune to pay on this debt until the problem is resolved.
Regards,
*****************************Initial Complaint
03/11/2022
- Complaint Type:
- Billing Issues
- Status:
- Answered
I had a family issue that caused me to take in my nephews and provide care. They have special needs so it caused me not to be able to work and I got behind on some bills. I had tried working out payments or settlements and most were helpful but I couldn't work anything out with Citi and then Calvary SPV bought the debt and used Apothaker Scian to *** me. I called Apothaker Scian to resolve this and we had a payment plan in place. In December 2021, ******* took a double payment from the account and it apparently caused the payment to Apothaker Scian to be returned. I was not aware of this and to be honest, I do not check the account as much as I should. I have all bills and payments on automatic withdraw so I don't always check the account.I saw my bank account had a hold on it on Saturday, March 5, 2022. I called the bank and they gave me a number to call. They said they didn't know who put the hold on. I called the number and it was to Apothaker Scian. I called them Monday and asked about it and they said they hadn't received payment since December. But they never tried to process the payment again nor did they submit any of the other preauthorized payments for ******** February, or March when the funds wouldve been available for them to pull. I asked why they didn't call me and the lady said they sent me a letter. I never received such a letter and I'm not sure what happened. They also never called me so instead of reaching out they just freeze your account and to h*** with anything you have going on. This has caused undue hardship as I cannot pay my daycare which means I cannot work which places my family further and further behind.Business response
03/21/2022
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed and operating in good standing in ************ and ********** that collects delinquent accounts on behalf of our clients. All **** attorneys maintain active legal status, as required by the laws of ********** and ************.
In this particular matter, **** is collecting a delinquent account on behalf of our client, Cavalry SPV I,LLC (Cavalry), who acquired Mr. ******* delinquent consumer credit card account from ************************ or about January 14, ****, **** sent **************** the notice required under 15 U.S.C. ****g which requires that consumers be provided notice of their rights. The notice was not returned as undeliverable. **** did not receive a request for validation from **************** during the thirty-day validation period.
On or about February 22, ****, **** filed suit against **************** in the Court of Common Pleas of Lebanon County, ************, *************** Docket # ****-00183. On or about March 20, ****, **************** was served in the lawsuit. On or about April 26, ****, the court entered a judgment against **************** in the lawsuit. Following the entry of the judgment, a garnishment was issued and funds were levied in Mr. ******* **** account.
In this complaint, **************** requests that **** unfreeze his **** account and negotiate a settlement/payment plan. Upon investigating the allegations of the complaint and communicating with ****************, **** instructed the **** to release the levied funds and both parties agreed on a settlement which *************** promptly paid.
**** appreciates Mr. ******* cooperation in resolving this matter. **************** may contact our firm directly with any additional questions and concerns.Initial Complaint
10/23/2021
- Complaint Type:
- Order Issues
- Status:
- Resolved
On 10/20/21,this firm executed a writ against my checking account. I received a copy of it on 10/22/21,dated 10/1/21. This writ allowed ************************************************************************** summary,I was "served" (in letter slot) 6 days after the deadline to file for a stay or exemption. The account that was seized was a total of $700.00,my paycheck that had been deposited on the 18th.According to the document I received,wages are exempt. The company hours end before I'm done work, so this leaves me with possible reprimand from my employer for handling personal business during work hours. (3rd Grade teacher). I just returned to work full time this start of the school year.Business response
10/29/2021
Thank you for giving Apothaker Scian PC (****) the opportunity to respond to this complaint.
By way of background, **** is a law firm licensed in ********** and ************ that collects delinquent accounts on behalf of our clients. In this particular matter, **** is collecting a delinquent account on behalf of our client, CAVALRY PORTFOLIO SERVICES (Cavalry), who acquired *********************** delinquent consumer credit card account from **** Card Services,Inc.
Upon receiving and investigating this complaint, **** reached out and resolved the outstanding complaint issue with ********************. **** dissolved the writ of execution and all parties agreed on a plan to resolve the underlying delinquent account.
The writ process can be confusing. The writ was filed on October 1, 2020. On October 13, 2021, **** sent the filed writ to the Sheriff with instructions to serve a specific bank on the writ. The Sheriff, who served the writ on the bank, is responsible for providing, to ********************, the service affidavit, along with the filed writ, which includes exemption instructions, etc. The date to file an exemption is based on the service date, not the filing date.
**** appreciates ******************** cooperation in resolving this issue.Customer response
11/04/2021
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Regards,
***********************************
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Customer Complaints Summary
8 total complaints in the last 3 years.
2 complaints closed in the last 12 months.