Melbaqueen

!!!!HELP!!!! Litigation on something that's not mine

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Hello all, it's been a while since I've been here since I was successful (with your advice) in repairing most of my credit and debt issues. But now that I am nearly out of the woods and debt I get the phone call from hell!! I received a strange call with a number to call and a case number. I call the number and they tell me that a courier will be bringing a summons to appear for a cash advance done in August of 2008 that was returned as insufficient funds when they attempted to withdraw from my SunTrust account. I HAVE NEVER DONE A CASH ADVANCE AND NEVER HAD AN ACCOUNT AT SUNTRUST BANK!!!! I asked them how do I dispute this and they said I would have to prove it's not me on my court date. HELP!!!! What do I do?

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Hello all, it's been a while since I've been here since I was successful (with your advice) in repairing most of my credit and debt issues. But now that I am nearly out of the woods and debt I get the phone call from hell!! I received a strange call with a number to call and a case number. I call the number and they tell me that a courier will be bringing a summons to appear for a cash advance done in August of 2008 that was returned as insufficient funds when they attempted to withdraw from my SunTrust account. I HAVE NEVER DONE A CASH ADVANCE AND NEVER HAD AN ACCOUNT AT SUNTRUST BANK!!!! I asked them how do I dispute this and they said I would have to prove it's not me on my court date. HELP!!!! What do I do?

Normally you would receive a summons, have a time period to file an answer, then go to court.

I would file a sworn denial as part of your answer, with a counterclaim for negligent filing, and demand they prove it is you. File a complaint with the Bar Association against the attorney who signs the complaint for failing to exercise proper due diligence before filing. The burden of proof is on the plaintiff, not on you!

Having said that, a courier isn't a process server. This sounds like an attempt to scare you, and is potentially a set of FDCPA violations. Do you have the name and address of this company?

If they don't summon you after stating they will, that's an FDCPA violation.

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Fantastic!! I will do just that and get the names and addresses. Additionally the person I spoke with called me a liar, he did not insinuate that I was, he actually called me a liar!! Doesn't that violate FDCPA?

Also, this is much further beyond the scope of what I had done with other agencies that were actually my accounts, do I need a lawyer?

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Did they happen to mention that the call "might" be recorded? If they did, then you don't have to say anything about recording the call. I'd call back - act timid . . . ask for the same bozo that spoke to you before and see if you can get them to say some of this stuff again . . . only this time record them . . . in secret!

Also, I believe they are just trying to frighten you! And you don't have to prove it is "not" your debt - they have to prove it is! The burden of proof is on them! :)++

You might also want to read this http://myfloridalegal.com/pages.nsf/main/7cd1ef6dd790c14685256cc900560bd6!OpenDocument

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I would be careful that it's not a scam. They could be trying to sound like it's a lawsuit, when it could be an attempt to scam you into paying out of fear. I would definitely NOT give out any bank account or social security information. Make them give YOU all the information in writing. And make sure there's something filed with the court before doing anything with them.

I've gotten calls from all kinds of collection agencies who have made it SOUND like it was something when it wasn't. They're expert at deceiving you. Don't give them any information! Verify with the court before doing anything. Get everything in writing. And, of course, record all your calls so you can sue the bastards if they are pulling a fast one. :-)

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Fantastic!! I will do just that and get the names and addresses. Additionally the person I spoke with called me a liar, he did not insinuate that I was, he actually called me a liar!! Doesn't that violate FDCPA?

Also, this is much further beyond the scope of what I had done with other agencies that were actually my accounts, do I need a lawyer?

Yes, and when you call back pretend you are scared to death and practical BEG THESE GUYS NOT TO TAKE YOU TO COURT...the more scared you sound, the more they will intimidate and really bring out the bully in them. Just a thought..when you call back..any chance you could call from the desk of a policeman in the fraud division office at your local police department...make a damn good witness !

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I would be careful that it's not a scam.

Yes, possibly one of those overseas phony debt collection scams.

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Yes, possibly one of those overseas phony debt collection scams.

Yeah, I even heard about one where they said this was "Townname PD" to make it sound like they were the police, and threatened the person with jailtime. Of course the "PD" stood for something like "Payment Delivery" or something like that. But the people were scared and did whatever they were told, because they thought it was the police on the phone. Turns out it was some guy in India!!

And I've had more mild intimidations, personally. Like, "This will be referred to the legal department today unless you call us back!" OK... so refer it to your legal department. What do I care?

Or: "A decision will be made today with or without your involvement!" OK, so go ahead and make your decision....

In all these cases they try to make it sound like there's something legal going on, when there isn't.

But it's only the overseas ones that have the balls to pull of the really bad ones.

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Until you receive a summons, assume it's a ploy to get your money.

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Ok, so I got more info. It may or may not be a scam, but they are definitely just making threats. No court documents have been filed but they continue calling me and saying they will be bringing this matter to their legal department unless I voluntarily resolve the debt. I have not received any of the documents they have promised to deliver, what do I do now? I have a lawyer, should I have them write a letter to the address I found online?

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Ha! I used to get those all the time. "We will be forwarding this to our legal department unless you call us by 3 PM tomorrow." Just ignore the buggers. They have nothing, and they're just trying to intimidate you. Just ignore them.

If they truly were going to take you to court, you'd be hearing from their legal department. Plus, if they refuse to send you the requested documents, that means they have nothing. Just ignore their phone calls, unless you want to sue them, in which case definitely record the phone calls. :-)

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The next time they call just tell them that you refuse to pay and do not contact you again unless it is a summons from the court.

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