This guy is an idiot. FIGHT HIS LAWSUITS, he is only out to get easy defaults. I sure hope you take him down!! He is breaking the law, taking advantage of the court system (do some research, he files fee waivers on ALL his cases), and I would love to nail this man to the wall. Bottom feeding scumbag! I would be interested in how your proceedings go.
In California the statute of limitations for collecting a credit card debt is four years from the breach of such debt: See California Civil Code of Procedure Section 337.
No action can be brought against anyone whose contract was breached outside the four year statute of limitations, two years for a verbal contract.
Furthermore, If Mr. Eric Carmichael, represented himself as an attorney, you may be able to take action against him in court, as well filing a complaint with the California Department of Consumer Affairs, The local District Attorney's office, The California State Bar Association and even the California State Attorney Generals Office, as Mr. Eric Carmichael is not registered with the California State Bar, his demand letters show no Bar License etc...
My daughter had just received a demand letter from Mr. Eric Carmichael from Recovery Solutions at 2621 Green River Road, Corona, CA. 92882 with the phone number of 1-888-624-7774. Along with his demand letter was a fake document made to like a summons and complaint, however it was on its face flawed, improperly worded and incorrect as to form and required wording per local court rules.
Also the debt he purchased was in March of 2014, however this debt had a last payment (to the original creditor who charged off the debt) on it in January of 2009, in tolling the time of which an action MUST commence, his demand and threat of action is at least one year past the maximum time allowed under the California Code of Civil Procedure for bringing such action.
My daughter is luck however, as I, her father have worked for several years in investigations and other areas of legal research and other legal matters, and am poised to give Mr. Carmichael a valuable lesson in law.
Sounds fake to me. Check with the country clerk. Make sure the file number on file with the court matches what you have especially as to the parties to the case. My suspicion is that he just picked up a random number from the court records and used it to try to intimidate you. Also check with the state bar to make sure the attorney is licensed in California.
This is a new one on me. Someone would only try something like this if they felt they could intimidate someone.
This is still outside the 4 year statute of limitations. Seems to me this would be heard in small-claims court where you can appear for yourself, the other party does not need to be an attorney. You should show up and contest the debt. This still looks shady to me. Only a judge can issue a garnishment order. If you don't show up the court might grant a judgement via default. The Sheriff would be involved after a judgment was issued. but that would only be after a hearing where you would have the opportunity to contest the claim. Why would the employer have to know one way or the other whether or not you have been sued? The employer is not party to the claim, of course if a judgment is rendered he'll have to deduct your wages per the judgment and turn them over to the creditor.
I PERSONALLY KNOW ERIC CARMICHAEL AND HE IS NOT AN ATTORNEY, AND HE DOES NOT REPRESENT HIMSELF AS ONE. YOU DO NOT NEED TO BE AN ATTORNEY TO SUE SOMEONE IN COURT. ALSO, THE LETTER YOUR DAUGHTER RECEIVED WAS PROBABLY A LETTER OF INTENT, AND IT PROBABLY STATED THAT SOMEWHERE. ONCE YOU GET THE THE FILED STAMPED COURT DOCUMENTS FROM A REGISTERED PROCESS SERVER, THEN THE ACTION IS REAL. IT IS NOT ILLEGAL OR WRONG TO SEND A LETTER OF INTENT AND A COPY OF A PROPOSED COMPLAINT. STATUE OF LIMITATIONS RUNS FROM THE DATE OF "LAST ACTIVITY". LAST ACTIVITY IS VERY VAGUE. COULD MEAN A PAYMENT, PROMISED PAYMENT, DECLINED PAYMENT, ETC;
This guy is an idiot. FIGHT HIS LAWSUITS, he is only out to get easy defaults. I sure hope you take him down!! He is breaking the law, taking advantage of the court system (do some research, he files fee waivers on ALL his cases), and I would love to nail this man to the wall. Bottom feeding scumbag! I would be interested in how your proceedings go.