[ilovepirates64]

Hi,

I found this site tonite in searching for information on Barack and Assoc. in Maitland FL. I received a letter in the mail tonite from them. Actually it was not a letter, but formatted to look like a court document. Two of them actually.

It is supposedly representing Capital One Bank with me named as defendant.

One of the documents is a Motion for Extension of Time and the other is an Ex-Parte Order on Plaintiffs Motion for Extension of Time.

I have a debt with Capital One from many years back from when I was married. All of the debt was in my name from my marriage as I was the one that had the decent credit during the 18 year marriage. The xH was in charge of paying the bills and I had no say. Needless to say I was shocked at what never was paid after I pulled my credit report after we separated.

Sorry to go on and on...but that is the background. I have read many bad things online about this Barack guy and I am wary to even respond to this.

Oh and let me also say that the letter had been ripped...and by that I mean shredded open practically and then taped back up. I presume before it left the office of Barack. I can also tell that the signature of David Barack was written by the same person that addressed the front. This writing is obviously female. As is the signature.

So...what exactly are these two documents? Are they real? Do they fall within legal debt collection practices if they are not in fact real court documents?

They have a case #, but I looked it up on the county web site to see if anything had actually been filed and there was no record of it.

Sorry this is so long. Any feedback would be most helpful...Thanks

[Enigma]

I moved this to get more exposure.

Have you been contacted by them before?

[ilovepirates64]

Thanks for more exposure...

No I have never been contacted by them before unless it has been by phone

I receive so many calls about debt from my marriage that i only answer if I recognize the number and if I listen to voicemail, the minute I hear it is from a collector I immediately delete it. Head in the sand, but I am attempting to pay off ones as I can and not get into stressful conversations with the harassing ones.

[Hedwig]

How old are the debts? Are you in Florida?

If debts are past the statute of limitations you don't need to pay them.

As far as the "obviously female" writing, I know a man who has some of the most beautiful handwriting that I've ever seen. You might think it was female, but trust me, he's very male.

Also, many times a secretary will sign for the person.

[Enigma]

You MUST send a validation notice to Borack to preserve your rights.

[ilovepirates64]

ok...so to start with....I have no idea what a validation notice is. I will do the research so that you don't have to tell me what it is, I am truly not lazy, but certaoily did not want to send THESE papers back that Barack had sent me.

So surely, what are the papers I mentioned in the beginning of my post?

[Enigma]

Originally Posted by ilovepirates64

ok...so to start with....I have no idea what a validation notice is. I will do the research so that you don't have to tell me what it is, I am truly not lazy, but certaoily did not want to send THESE papers back that Barack had sent me.

So surely, what are the papers I mentioned in the beginning of my post?

Post the wording of the papers so that we can see them.

[ilovepirates64]

Originally Posted by Enigma

Post the wording of the papers so that we can see them.

The first one is

Motion For extension of Time.

COMES NOW the plaintiff by and through its undersigned counsel and respectfully moves this court for the entry of an Order Extending the time for plaintiff to obtain service of of process over the Defendant and as grounds therefore would show unti this Court that:
1. As of this date, Plaintiff has been unable to obtain service of process over the Defendant and has concerns that it may not be able to do so within the 120 days allowed by the law.
2. Plaintiff has made diligent efforts by and through a private process server as well through other investigative services to locate the Defendant to effect service.
3. Plaintiff is hereby requesting thaat additional time be allotted to perfect service.

WHEREFORE, Plaintiff respectfully requests that this Court enter an order Extending the Time for it to obtain service of process over the Defendant.


I HEREBY CERTIFY that a true and correct copy of the forgoing Motion For Extension Of Time was furnished by mail to: My Name, My Address on this 28th day of july 2008

Then it is signed with his name etc....

The top of the paper looks like normal court papers ets...with defendant and plaintiff names(Capital One).

That is the first one. I will put the other in the next post to keep them separate.

And Enigma...to answer your two questions from before...

1.Yes I live in Florida
2. I don't know which Capital One account it is as we had three that my husband let lapse over the last 12 years. I will go look at my credit report though and see if I can get the dates on all of them.

[ilovepirates64]

Oh and by the way....With regard to their #2...I have never been served with anything other than collection letters. Also they have that they private investigative services. My address has been a matter of public record and I have only moved twice in the last 10 years. So I don't know why they have had a hard time finding me...LOL

[ilovepirates64]

Paper #2

EX-PARTE ORDER ON PLAINTIFFS MOTION FOR EXTENSION OF TIME


THIS CAUSE having come to be heard before this Honorable Court upon Plaintiff's Motion For Extension Of Time and the Court having heard argument of counsel and being otherwise fully advised in the premises, finds as follows:

ORDERED AND ADJUDGED that:
1. Plaintiff's Motion for Extension of Time is hereby granted.

2. Plaintiff shall have an additional______days to obtain service of process over the Defendant.

DONE AND ORDERED at SEMINOLE County, Florida on this ______day of _________200__

_______________________________
County Court Judge


Copies furnished to:
Barack and Associates
address


My Name
address

No dates in spaces...no signature by the judge etc.

[ilovepirates64]

Oh and sorry Enigma...it was Hedwig that asked me where I live and the age of the debt

[ilovepirates64]

Update...
Just received another piece of mail from them. Get this...an empty envelope with no return address, but in the exact same handwriting as the first. Not even sealed either. What kind of place are they running?