risarocks69 Posted March 13, 2008 Report Share Posted March 13, 2008 Alright so I got a call from SRS & Associates and left a messaging say I had a pending lawsuit against me for this debt and they gave me a case number. I called them back and asked who the debt was for and they told me Fast Cash Now. I told them I had never heard of them before and I've never gotten a payday loan before. I asked them how I would get one and they told me I would go a PayDay loan company and sign papers for it. I asked for the proof of documentation and they told me I could have it in court. I told them I didn't want it to come to that and the matter would be settled if they showed me proof and they raised their voice and told me to pay it. After that the hung up on me. I called back and told the woman to record what I was saying and gave my dad power of attorney over my account. They talked to him and told him the same thing 'You will get the documents in court'. Correct me if I'm wrong but aren't they supposed to give you the documentation if you request it? I'm not sure what I need to do. I've called my bank and they said there is an Apple Cash on my account in the amount of $300 and this agency is telling me I owe $800. I also closed the bank account I'm talking about because of mysterious charges. The debt collectors won't give me proof and I can't call them to discuss anything because as soon as you tell them you aren't paying the debt off in full, they either hang up or become extremely nasty and rude. Like I told them, if it's mine and they can prove it I'll pay. I don't really want to go to court or if they can even threaten to do that. I'm kinda wondering what actions I should take. Any advice? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 13, 2008 Report Share Posted March 13, 2008 Initial advice...Stop talking to these people on the phone PERIOD.Spend a few hours reading the posts at the top of the categories here and then some of the other posts and when you are done, come back here and ask for more helplYour situation, unfortunately, isn't unusual - these people you are talking to are using typical tactics to try and scare you into payign a debt you may not even owe...this can be handles but you have a lot to learn before you can properly respond to this.It may be your debt, it may not be...you may be the victim of ID theft or many other posibilities...all that will shake out eventually but in the meantime you need to learn some of the basics. Link to comment Share on other sites More sharing options...
ShortBus Posted March 13, 2008 Report Share Posted March 13, 2008 Echoing Robert_Nashville suggestions... Also, you're in Texas, so yes, if you request documentation of a supposed debt, they are required to provide it. Once you get a grip on the basics, search around for some Texas-specific information here. Scientia potentia est... Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted March 13, 2008 Report Share Posted March 13, 2008 Alright so I got a call from SRS & Associates and left a messaging say I had a pending lawsuit against me for this debt and they gave me a case number. I called them back and asked who the debt was for and they told me Fast Cash Now. I told them I had never heard of them before and I've never gotten a payday loan before. I asked them how I would get one and they told me I would go a PayDay loan company and sign papers for it. I asked for the proof of documentation and they told me I could have it in court. I told them I didn't want it to come to that and the matter would be settled if they showed me proof and they raised their voice and told me to pay it. After that the hung up on me. I called back and told the woman to record what I was saying and gave my dad power of attorney over my account. They talked to him and told him the same thing 'You will get the documents in court'. Correct me if I'm wrong but aren't they supposed to give you the documentation if you request it? I'm not sure what I need to do. I've called my bank and they said there is an Apple Cash on my account in the amount of $300 and this agency is telling me I owe $800. I also closed the bank account I'm talking about because of mysterious charges. The debt collectors won't give me proof and I can't call them to discuss anything because as soon as you tell them you aren't paying the debt off in full, they either hang up or become extremely nasty and rude. Like I told them, if it's mine and they can prove it I'll pay. I don't really want to go to court or if they can even threaten to do that. I'm kinda wondering what actions I should take. Any advice?Hello and welcome fellow Texan! You are living in the debtor friendly state so you have some additional state statutes that will help. Take some time and read the stickies in the Collection and credit repair forums. This will help with the basic principles and acronyms that you will see here.A few basics for Texans;All CA's doing business in TX must have a surety bond registered with the TX SOS. I could not find that SRS has a bond filed. Bookmark this site. It will come in handy:http://direct.sos.state.tx.us/debtcollectors/DCSearch.aspAlso, in addition to the FDCPA and FCRA you also have Chapter 392 of the Texas Finance Code on your side:http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htmTake some time to read thru it and the FCRA & FDCPA.They have 5 days from initial contact to send you a dunning letter giving you the specifics of the debt. It should also contain the mini miranda (you have 30 days form the receipt of this letter to dispute) and the phrase "This is an attempt to collect a debt. Any and all information obtained will be used....". If they are telling you a case has been filed then hit the county website or call down to the courthouse and give them the case number you were given. They may be blowing smoke but you never know. If you cannot verify with the court that a case has been filed then I would send them a DV requesting validation. In your DV I would ask them for proof that they are bonded in TX. In cases where I was unable to find bonding info I added this paragraph:"I find no record that your company has filed a bond with the Texas Secretary of State. As you well know, any Debt Collector doing business in Texas is required to file a $10,000 surety bond. I have copied the office of Phil Wilson TX SOS on this letter. I'm sure he would be very displeased to learn that an unbonded company is harassing Texas residents"Hope this helps. If you have any other questions just ask! Good Luck! Link to comment Share on other sites More sharing options...
jasen Posted March 13, 2008 Report Share Posted March 13, 2008 Were you ever served? I would also call the county clerk/courts and see if they even have a case against you. They could be bluffing. Which is illegal if they don't really intend to sue. Link to comment Share on other sites More sharing options...
Debt Guy Posted March 13, 2008 Report Share Posted March 13, 2008 Risa,You have been given sound advice about sending a demand for validation and referencing the Texas Finance Code. That may solve the problem.No matter what you do, the creditor may still sue. Based on what you have said, there is no reason to be afraid of court. It seems to me that most of our fears rise from things we don't understand. Let me describe the process -- and then you don't need to be afraid since you will know what is going to happen and will know that it is really no big deal.I'm guessing this will be in small claims court. You will receive a notice telling you when and where to appear. You show up. The clerk will call the docket. When the clerk gets to your name you will stand up and say "Here". Whoever is representing the creditor will do the same. If for some reason the other party is not present, you should speak up and say, "your honor, I move that this case be dismissed". They judge probably won't do it -- but might. Most likely, he will set a new date and you will get to go through the process again.If the other party is present, the clerk will continue calling names until they have completed the docket. Then the judge will say something like "all you defendants and plaintiffs go out in the hallway and try to reach an agreement. If you can, go tell the clerk in my office. If you can't, come back in 30 minutes and we will start trials.This is the time to dig in your feet hard. The other side is going to work on your fear and want you to agree to all sorts of things . Don't. Simple. Just say "I never borrowed any money from you guys and I'm not paying any money" That is your story and you stick to it. You will go back into the courtroom. The clerk will start calling the docket again. One at a time, the defendant and plaintiff will go up and stand in front of the judge. The judge will look at the plaintiff and say "what is this all about?". The judge will look at the defendant and say "is all that correct?" And at that point the defendant will say whatever. The judge may have some question for each party. The parties may have questions for each other. When everyone has had their say, the judge will issue his ruling.In your case, you will say "your honor, I never borrowed any money from these people. I have repeatedly asked them to prove that I owe them anything and they refused."Stop there. The secret here is to know when to stop talking. Don't rattle on and on. Get to the point and stop.The judge will then start asking the plaintiff questions about the evidence of the debt. If the plaintiff has documents, the judge will want to see them. He may tell you to look and ask if it is your signature. If it is not your signature, just say so. And stop talking.This is nothing to be afraid of. Small claims court is very informal. Sometimes the judge comes off gruff but the judge really does want to find the truth. If you have the truth on your side, you should be just fine.Why, you may decide you like the experience. Link to comment Share on other sites More sharing options...
risarocks69 Posted March 14, 2008 Author Report Share Posted March 14, 2008 Well they are supposed to be calling me today (at work) which I don't think they're supposed to do. I'm going to get their address first and a contact department. Then let them know that all contact from here on out will be in writing. Which is why I have to ask for the address first because this company is so whack that if you say you're going to be sending them something they will either lie about their address or they will hang up on you. (Not that I'd mind). After that I'm going to send them a copy of the Surety Bond information and highlight it for them. I'm also going to ask for a reciept that they recieved the information. I'll also include in this an official written notice for them to stop contacting me at work. Are there any other suggestions that anyone may have on what else to include into the paper work I'm going to send them? Link to comment Share on other sites More sharing options...
Happy Posted March 14, 2008 Report Share Posted March 14, 2008 Yes, I suggest you do a bit more reading here and at the site with the links listed above before you send any letters or tell them to stop anything.You want to make sure you do it all correctly and not antagonize as that letter will be evidence if indeed you go to court.I would not suggest highlighting anything.Just be non emotional and matter of fact. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 14, 2008 Report Share Posted March 14, 2008 Well they are supposed to be calling me today (at work) which I don't think they're supposed to do. I'm going to get their address first and a contact department. Then let them know that all contact from here on out will be in writing. Which is why I have to ask for the address first because this company is so whack that if you say you're going to be sending them something they will either lie about their address or they will hang up on you. (Not that I'd mind). After that I'm going to send them a copy of the Surety Bond information and highlight it for them. I'm also going to ask for a reciept that they recieved the information. I'll also include in this an official written notice for them to stop contacting me at work. Are there any other suggestions that anyone may have on what else to include into the paper work I'm going to send them?Was there something unclear about "DO NOT TALK TO THESE PEOPLE ON THE PHONE"?If these people aren't even legitimate enough to send you a dunning letter in the mail (as FEDERAL LAW REQUIRES) with their return address; what in the world makes you think you can accomplish ANYTHING with them on the phone (even getting a real address).There are ways to get addresses without talking to them on the phone - I suggest you use those methods. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 14, 2008 Report Share Posted March 14, 2008 So did you take out this payday loan or not? Your OP is a little on the coy side. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 14, 2008 Report Share Posted March 14, 2008 So did you take out this payday loan or not? Your OP is a little on the coy side.I don’t think the original post/poster is being coy about it…the OP said he/she has “never had a payday loan” and that there wore suspicious debits in his/her checking account.PayDay Loan makers and especially their “collectors” are just about the bottom of the collection industry scum barrel – they routinely refuse to follow FDCPA (often these debt holders aren’t even operated in the U.S.) and will refuse to give mailing addresses (even claiming they don’t have one)… one company may operate under 15 different “names” then someone claiming to represent the debt holder (which is likely the name of a company the consumer has never heard of even if they did take out a payday loan) starts to demand money while concurrently refusing to offer any evidence to back up their claim or even substantiate “who” they are.Under those circumstances, demanding proof that THIS is the company the consumer owes money to and that this CA has the authority to collect is extremely reasonable – in fact, it’s the only reasonable course of action to take.Also, if this person has never had a payday loan with anyone and had to close a checking account due to suspicious activity then this may well be a case of identify theft (not just “claimed” but the real thing)! Link to comment Share on other sites More sharing options...
risarocks69 Posted March 14, 2008 Author Report Share Posted March 14, 2008 I definately did not. I think I would remember taking out a loan 4 months ago. Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted March 15, 2008 Report Share Posted March 15, 2008 I definately did not. I think I would remember taking out a loan 4 months ago.Then I would treat this as a case of ID theft.http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=219304This may not stop the harassment since, as Robert said, you're dealing with the lowest of the low but it will definately help keep your credit reports safe. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 15, 2008 Report Share Posted March 15, 2008 I don’t think the original post/poster is being coy about it…the OP said he/she has “never had a payday loan” and that there wore suspicious debits in his/her checking account.It's the "I never took out a payday loan, but if you can prove I took this out I'll pay it" bit. Seems strange to me for someone to absolutely know they've never taken out a payday loan but offer to pay it if there was proof. You'd think someone would just keep saying the CA had the wrong person. Link to comment Share on other sites More sharing options...
risarocks69 Posted March 17, 2008 Author Report Share Posted March 17, 2008 Actually it makes perfect since. I didn't take it out and by asking for proof just shows that I want proof. They won't be able to give it to me because I NEVER SIGNED ANYTHING FOR A PAYDAY LOAN. So your arguement is at a dead end. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 17, 2008 Report Share Posted March 17, 2008 Actually it makes perfect since. I didn't take it out and by asking for proof just shows that I want proof. They won't be able to give it to me because I NEVER SIGNED ANYTHING FOR A PAYDAY LOAN. So your arguement is at a dead end.No, I don't think it does make sense.I think the disconnect (from IHateCAs) prespective (and mine as well, now) is in the “offering to pay if there is proof” while knowing with 100% certainty that you never took out the alleged loan.In that case, why bother to ask for proof that you know cannot exist?This seems to me to be a clear case of ID theft or a colossal mistake and in either case, I’d be filing a police report and filling out the FTC forms for ID theft immediately; I wouldn’t waste my time asking for validation from this collector/Pay-Day Loan outfit.You probably also need to do this so that your bank will straighten out anything “funny” with your checking account – it sounds like someone either stole or tried to steel money from your account! Link to comment Share on other sites More sharing options...
jackpot007 Posted April 14, 2008 Report Share Posted April 14, 2008 all this doesn't make sense at all. how can someone pay for a payday loan if he hasn't taken out any in his entire life?? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted April 14, 2008 Report Share Posted April 14, 2008 all this doesn't make sense at all. how can someone pay for a payday loan if he hasn't taken out any in his entire life?? Clever try buddy - link to payday loan site removed. Link to comment Share on other sites More sharing options...
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