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The Scam


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From my limited experience with collection agents (CA) it seems to me that they are not aware of the laws governing them or that just could care less about obeying the law. While I have only dealt with three CAs the one who is suing me for two credit card accounts began with violating the FDCA. Before being educated by information on this discussion group and the web page associated with it, I made some fundamental errors in judgment concurring doing business with CAs.

First, out of the blue came two summonses to small claims court with absolute lies stated within the claims by the same CA on the behalf of the Plaintiffs. Statements were made by the CA that he sent me letters and documents, and numerous calls to me and that no one ever answered the phone or the letters, etc., then indicated that we had come to arrangement for me to pay the claim and other equally blatant lies. I called them and asked the obvious question; “how could we have made an agreement for me to pay when they could not contact me?” I will not repeat their answer – it is just too stupid.

Second, after talking with the idiot at the CA’s office I began to suspect that they did not have proof of the debt nor did they think I would take them up on the bluff.

Well, I went to the pre-trails and contested their claims. Then the day before I was to go to trial the idiot called the court for a continuance. I agreed. A month later I showed up at the trial but the CA did not. The judge dismissed the case. Then several months later I am back to pre-trail again for the same case with the same CA. I will contest the claim again. The second case by the CA is a case of identity theft that I hired a lawyer to defend me in. The reason is simple: I want a lawyer there so to file a lawsuit against the CA and the OC when the time comes. I will probably sue both OCs.

I may in fact owe at least some of the debts, but since the CA violate the law I am caught between tow wrongs or it may seem. I still am having trouble deciding on what to do. Maybe contest it all the way to trial and face the possibility of a judgment and pay up more or negotiate with the CA and sue them later. This is what lay people face with the sleazy scumbag. I just wonder how much money they skim off of people and why they get away with it. It is not easy to waste so much time thinking about it, but it is time to put a stop to it once and for all.

There is a saying that a sucker is born every minute. Well, I have another side to it: there is a sam created every minute, just for us little guys.

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<blockquote>Originally posted by SCMom

In the future, if the CA does not show up to court, ask the judge to "dismiss with prejudice". That means they can never refile the lawsuit.


Thanks. I hope there is no future court dates since I have no other debts or ID thefts. My lawyer is still fighting them. However, in this day and time one never knows when someone will come along and use information to open accounts in your name and it all starts over. It seems like the messy business of CAs never stops after becoming a victim of ID theft.

Thanks anyway.

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