Disclosure verification of debt

Posted on Posted in Complaints, Debt collection

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I have a judgment related to an old credit card debt that I tried to dispute using a negligent attorney more than 10 years ago. The judgment was sold to a company named XXXX XXXX XXXX XXXX who in turn engaged the law offices of HIDAY & RICKE, PA for collection. On XXXX XXXX, HIDAY filed a motion at XXXX XXXX courts to attach a lien on my car ( XXXX ) in an attempt to collect the judgment debt. I was planning to file Chapter XXXX at the time and decided not to file an opposition to that motion. However, I did not know and was not notified either in said motion or by any other type of communication from HIDAY ) that the same lien that attached to my XXXX was going to be attached to my adult daughter ‘s car ( MINI Cooper ) which she had purchased in XXXX XXXX. She jointly owned the MINI with me because I had purchase a car for her in XXXX when she was not XXXX and had to be in title with her and when she purchased the Mini Cooper in XXXX the dealer recommended that I stayed in title with her on this new car. The problem is that HIDAY ‘s lack of notice to me of the lien on the Mini Cooper has caused the following problem. Not knowing that the MINI had a second lien attached by HIDAY, my daughter traded in said car at XXXX Case Dealer and leased another vehicle. 6 weeks after the trade in, XXXX XXXX notified our daughter of the second lien on the MINI Cooper and decided to sue her for Breach of Contract and Fraud because she trade in a car that had no clean title. We contacted HIDAY to find out how much money they were willing to accept for the release of the lien, and the Recovery Agent named XXXX XXXX XXXX told us that they were willing to accept {$4000.00} for the release. A week later I called her again to confirm this information and she told me that she never mentioned amounts for release and that I only called her to inform her that we have filed bankruptcy! I filed bankruptcy with my wife on XXXX XXXX and XXXX XXXX as well as HIDAY were notified by the Bankruptcy court. I did not have to call them to notify them of anything and the only purpose of our call was to find out the amount to release the lien. She also told me on the call that XXXX XXXX had called her the day before and that she told them that {$10000.00} was the amount that needed to be paid to HIDAY to release the lien. XXXX times that I spoke to XXXX I had my wife with me on the phone because she is more fluent in XXXX than I am and she had no trouble talking to my wife on the first call when she requested the {$4000.00} to release the lien, but in the second call when she was trying to defend the {$10000.00} amount she was very insulting to my wife and did not want to speak to her. I asked to speak to a supervisor which she told us is XXXX XXXX and I was able to leave a message to her but she has not replied to our call in 3 days.

HIDAY improper and unlawful lack of communication and notification of the lien on the MINI Cooper has caused tremendous hardship on myself and my daughter. As you can see from the attached court motion, I was not properly notified of the judgement lien filed on the Mini Cooper. The attached motion which was eventually perfected and recorded in XXXX XXXX public records only mentions the XXXX and not the MINI Cooper. Had it mentioned the MINI Cooper I would have opposed to it within the 20 days I ‘m entitled under Florida statues.

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