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Possible Lawsuit?


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Update: Is this a scare tactic? (I will post the original issue below)

After that problem before, and being told on the phone I would get served a summons, I got a call today (6 days later) from someone in their "legal department" and she says into my voice mail on my cell phone that my account has been reviewed by their legal department and it "is being sent to justice court as a complaint," and I can call her today before the end of business if I would like to resolve this matter.

I checked my count website and they have filed nothing.

Is this just another scare tactic, or are they intending suit?

Previous Post:

"Yesterday I received a phone call at my job from a collection agency in Nevada. They started telling me about an old supposed $5,000 Hospital bill that I do not recall, and that is past the Nevada statute of limitations.

Immediately, I told the man to never call me at work again, and he gave me his phone number and said I had to call him before the end of the day, or he would have to verify employment so he can begin wage garnishment. I told him that he cannot threaten to garnish my wages it is illegal. He said under what law, and I said FDCPA.

He told me that he can garnish my wages, and he has a legal department, and I asked what judgement did they win against me, and he said oh we can get a judgement no problem.

I hung up with him and called back a couple hours later to the extension he left me, and I got a woman. I told her what that guy said to me, and it was not legal, and she told me that they certainly do garnish wages, and they put leins on homes. I told her that no noe from her office was to call me at work again. I told her that I have no knowledge of a hospital bill from 2003, and she would need to validate the debt. She said she can only do that at her office, and I told her I would send a letter requesting validation CMRR and i was not going to her office. She said because of privacy laws, she cannot mail me the validation!!!! I told her BS and got off the phone.

I did some researching and NRS 11.2095 states 4 years SOL on hospital bills in Nevada. I called today and gave the CA that statute to read over. She gave me the manager to talk to and that manager was loud and disrespectful. Saying they can talk to me however they want to, and I have had 6 years to pay this debt. I got off the phone with her and a couple hours later I got another phone call from that office (bear in mind I said not to call me again). A man on the phone said he was the legal account reviewer, or something like that, and said I spoke to someone in his legal department today (which she was not identified as). Immediately I interrupted him and said Why are you still calling me at work. He said, "well, actually you arent going to get calls at work, you are going to get served a summons." and he hung up on me.

2 minutes after that, his office called my cell phone and when I answered, there was heavy breathing on the other end of the phone, and they hung up on me.

This bunch of scavenging low lives are unbelievable. Any suggestions?"

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I am curious if this is another scare tactic? I mean, if they are going to file papers and sue me, wouldn't they just do it, and not call me twice and tell me about it--especially if they hope for a default judgment?

Also, as for leaving messages on my phone, this woman just called my cell phone, which has the pre-recorded "leave a message" message on it, and told me everything i listed above. Are they allowed to leave messages like that?

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You need to send a partial C&D letter via CMRRR, where you tell them not to contact you at work.

Unless you can prove that they were informed not to call you at work, like with a recording of your phone conversation or something like that, they will deny you ever told them not to call you there.

If they continue to call you at work after they signed for the C&D letter, then you can claim they violated FDCPA.

Also, you should send a DV request via CMRRR just to cover your basis or a full FOAD C&D letter if you are sure it is not your debt or is time barred.

They cannot make threats of an action they cannot legally take. If they know the debt is time barred, they cannot tell you they are going to sue.

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Update: Is this a scare tactic? (I will post the original issue below)

After that problem before, and being told on the phone I would get served a summons, I got a call today (6 days later) from someone in their "legal department" and she says into my voice mail on my cell phone that my account has been reviewed by their legal department and it "is being sent to justice court as a complaint," and I can call her today before the end of business if I would like to resolve this matter.

I checked my count website and they have filed nothing.

Is this just another scare tactic, or are they intending suit?

I could be wrong, and this is just my opinion, but I think they're just trying to scare you. Here's why I think this: you said they are a Collection Agency. CA's can't sue. Only lawyers can sue. If you're going to get sued, the CA must give up, and give the account to a collection attorney. The collection attorney will probably send a dunning letter first. That's when you can worry that a suit is imminent. If the CA gives up and the account goes to an attorney, the CA doesn't get paid. That's why they will threaten to sue, and threaten again, but are actually reluctant to take that step.

DH

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I just had this from an old CC that was out of SOL.

I filed suit against the firm since they made it real convenient to do so. They left numerous messages on my answering machine stating all kinds of things they cannot say. I let this go on for a week. I called them back and they really got into it with me all of the things they are going to do to me.

Then I asked when was the last payment on this acct, she told me the date and amount and then I told her it is way past the SOL in PA. She replied since she is in CA she can sue anyone for any reason, I said really, are you an attorney? That was the end of the conversation and I never heard from them again.

I called back 2 weeks later asking where the legal papers are that I was supposed to receive that I did not get yet. The guy that answers tells me you are not getting served at this time.

It is a scare tactic....Dont fall for it.....If its past the SOL then they are SOL ( different meaning).

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Could be a scare tactic, could be real, but it could also be a scam...there are tons of collection scam rings. Have you ever been in the hospital? Did you owe them money? Is this debt on your CR? Did you give them your cell number as your main contact number?

What is the name of the collection agency?

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Yes, I have been in that hospital, but not during that time. Also, I called that hospital, and they said that they have no record of any debt I owe them at all. There was a special on the news a couple years ago here where a JDB named Aargon Collection Agency was trying to collect on incorrect and out of SOL accounts from this hospital. They tried to tell me I owed this hospital money, and I contacted the hospital and they said I have no debt owed to them on file. I called Aargon back, and they stopped persuing collections against me and it vanished from my credit.

As for the cell phone, No, I never gave hem my cell number, or my work phone number. I had never even heard of them before they called my work and cell phone. In on of their voice mails, they also mention my wife's name as if she has anything to do with this. If they are saying I owe a debt from 2003 in a hospital, not only was she not my wife then, we weren't together, and she didn't come to the hospital with me.

This is probably just a new JDB trying to collect on the same account that I do not owe. I never received anything in the mail from the, nor is it on my credit report. They just call and threaten all the time.

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You can full C&D them, probably the easiest way to go if you're sure the debt is invalid and/or out of SOL. If they contact after the full C&D that's a violation. They already have a few possibly, as they are supposed to send you something in the mail within 5 days of phone contact.

Consider filing against them if you have the time and motivation.

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