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Here we go again...I think. Advice please


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So I think that I am finally getting my initial case behind me. It looks like I am going to have to pay but it will not be near what the JDB wanted. But then today, my husband got a call that makes me think this is starting all over again, Different players, same game.

 

My husband got a call from someone saying that they were an attorney looking for me. I called back to find out what this was about. The guy said that he was calling from an attorneys office and that they were in the process of sending out a process server to serve me with a summons. I asked him what the suit was in regards to. He said that it was for a credit account. He gave me the name of the account and said that he could stop the litigaion if I would make a good faith payment on the account. He said that would show his client that I intended on making good on the debt and then they would return the account to collections. I told him that I would need to see documentation that would show that this account was indeed mine. He said that he did not have that information. He said that the client would have that and it I wanted to I could speak to them to get that information. He said that all he knew was that the client wanted to sue me for $1,000 or so and that he could keep it from going to litigation if I paid on it. He said that after I made a payment they would then turn around and make arrangements via the mail for the rest of it. Of course, they would need my bank information to do it by direct draft.

 

I think this sounds fishy and I would like to know what some others think. I did contact the lawyer that I have retained for my other case and they said that they would send a cease and desist, but I can do that myself.

 

Advice please! Thank you guys!

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Thanks! I thought that it sounded off. Would you send the cease and desist? I would have to call them back for their information to do so.

 

One reason that I thought this sounded off was this. With my first case, I knew nothing about it until I started receiving flyers in the mail from lawyers telling me about the case. The letters stated that I had a case against me and gave a case number. When I looked online, sure enough, something had been filed.

 

I have not received anything yet and I don't want to. But I also don't want to get rooked into something either. I know that most of this is a game I don't want to play but I am having to learn the rules. Sigh.

 

Thanks again for all of your help.

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I did not speak to him initially. They called my husband, and how they got his number I have no clue. So I don't know if he let my husband know it was an attempt to collect a debt. When I spoke to him, he never said anything like that. He just said that he worked for an attorney and that their client, the one that I allegedly owe, was sending a process server out to serve me with litigation papers that were for breach of contract. He said that litigation could be avoided if I would make a payment on the account. He said that my payment would move it from the litigation process back to the collections department. That is when I told him that I would not make a payment on anything without proof that what he was asking to pay was mine. I also said that I would want to know how the amount consisted of, you know, what was charges, what was fees and what was interest etc. That is when he said that I would have to contact his client for that information.

 

If he was truly from the attorneys office that was about to file this suit he is talking about, then wouldn't he have that information? And if he was sending a process server out would he not have already had to have filed the case?

 

Like I said, sounds weird to me.

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Trying to reage the debt. Call him back and ask him for their name and address. Record the call if you can. When you get the name and address send them a debt validation letter along with a cease and desist untill the debt is verified. Keep the recording. If you call him from a cell phone there is a free app called record my call that works great.

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It would assume it is for real and treat it that way. In my personal experience the attorneys are the most likely to not properly disclose they are debt collectors. I would just let the calls go to your answering machine and keep all calls recorded. If you do talk to them I would only do so using a recorder, if its legal in your state.  If they don't give the disclosure then you have a violation to use as leverage. 

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One more thing to mention. I am in Texas, as I am sure you can guess, lol, and the call came from a lawyer with a California area code. If they were sending a process server out, wouldn't the "client" retain an attorney in Texas? In my other case the plaintiff is from Michigan but the representation is from where I live.

 

Just a thought.

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Here's a strategy I have used when my wife gets such calls. Google the number from the caller ID and get ahead of the dunning letter because let's face it, they probably aren't gonna send one or "it's in the mail". Often times the number will show up on whocallsme or something like that and will identify the CA or JDB. Then send out your DV CMRR and get ahead of the game. Scares them off early.

 

I just got NCO to disappear immediately for her by sending a DV when we got the first call on her voicemail and followed that up with a BBB complaint. POOF, gone.

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One more thing to mention. I am in Texas, as I am sure you can guess, lol, and the call came from a lawyer with a California area code. If they were sending a process server out, wouldn't the "client" retain an attorney in Texas? In my other case the plaintiff is from Michigan but the representation is from where I live.

 

Just a thought.

 

I have been contacted by "attorneys" working as collection agents in other states. If they do sue they will use a rent-a-lawyer from your state. 

I can't emphasize enough how much you should save all messages they leave for you. I have two separate cases involving third party out of state attorneys. These guys are usually the sloppiest and many of them don't bother to follow the rules. Most are just collection agents that happen to have law degrees. 

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Here's another thought:  I've received calls like that and every one of them were scams.   The purpose of that type of call is to scare you into paying.  After doing a little research, the companies that called me were "fly-by-night" JDBs who were looking for a fast buck.  A couple of the calls came from states in which the JDB would have been required to be licensed, but was not.  From what I've experienced, no legitimate CA, JDB, or attorney will call to tell you that you're going to be served. 

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So, I got another call from these guys again. They left a voicemail as I do not answer blocked numbers.

 

This time they left me a number and said that they are trying to serve me "legal documentations" and that if I don't contact them soon they will be forced to go to my place of employment. They want me to make an appointment to be given these papers. I guess I will call them back and let them know when I will be home.

 

I am still finding this to be fishy. Has anyone ever heard of anything like this? Again, the call is coming from California.

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I would not call them back. Just keep saving those messages. Just call the court house on a regular basis and check to see if anyone is suing you.

 

If they are for real then you may already have FDCPA Violations. No reason to give them any more information at this time. IMO 

They are required to say they are debt collectors trying to collect a debt. At this point they should already have sent you a letter after the first phone call.

 

If this is a scam you do not want to be giving out information as to when you will or will not be home. 

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