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called for Subpoena by collectons?


bored7one4
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So my girlfriend got call from somebody saying they are from the clerks office and that she has pending docs. So she called back and they told her she suppose to be in court today for a summons. she being sued according to the girl that pick up the call.   She was never served.

 

 

its for a chase card in 2007 which she don't even know is accurate because she never had a chase card.  So the lady goes she better take care of it today or else they gonna come to work and get her?? 

 

So then her brother gets a call from some lady stating that she from LA county and that they have a subpoena for her.  she needs to call back and ask for monica before 3pm.  909-456-1871. 

 

 

I've search the https://ocapps.occourts.org for the case number that they provided ca100965.

 

'No results found. Modify criteria and try again.'

 

 

 

 

she freaking out...

 

 

Is this just an attempt from the collections to scare her?

 

to me it seem like it but wanted to get the forum input on this matter.

 

Thanks

 

 

 

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So my girlfriend got call from somebody saying they are from the clerks office and that she has pending docs. So she called back and they told her she suppose to be in court today for a summons. she being sued according to the girl that pick up the call.   She was never served.

 

 

its for a chase card in 2007 which she don't even know is accurate because she never had a chase card.  So the lady goes she better take care of it today or else they gonna come to work and get her?? 

 

So then her brother gets a call from some lady stating that she from LA county and that they have a subpoena for her.  she needs to call back and ask for monica before 3pm.  909-456-1871. 

 

 

I've search the https://ocapps.occourts.org for the case number that they provided ca100965.

 

'No results found. Modify criteria and try again.'

 

 

 

 

she freaking out...

 

 

Is this just an attempt from the collections to scare her?

 

to me it seem like it but wanted to get the forum input on this matter.

 

Thanks

 

This sounds like a scam.  The first thing to do is calm down.  Process servers do not call and warn you they are coming.  No one would hang around they just serve you with no warning.  What convinces me it is a scam is the "you were supposed to be in court this morning" and the simultaneous "call before 3pm or we will come serve you" threat.  It is one or the other.  You already sued me and I wasn't served for the hearing today or you are threatening to sue me.  Which is it?  :)

 

I would check with the court in any county they alleged their is a pending suit in.  If there is nothing on file then this is a scam to scare both of you into paying.  

 

Even if GF never opened a Chase account with all the mergers and acquisitions in the banking world it is possible a credit account under another creditor was bought out by Chase in a merger.  If she is being sued it would be best to go down to the court and get served so that she can file a motion for dismissal based on the fact that the SOL in CA is 4 years and it is long expired by 2 years.  

 

I think it is a scam and if they called back I would tell them I filed a motion to dismiss with the court and hand carried it to the judge for signature and it was granted. I would then ask for an address so I can mail them a copy.  If they are dumb enough to give an address I would send a cease and desist along with reporting them to the California AG and FTC.  

 

They are likely to panic when you tell them you went to the court already for their case.  Last time I got one of these scam calls I told them I was already in jail and was using an illegally smuggled cell phone.  When the guy confirmed I was in jail I told him if he wanted to deliver the summons to me to give it to Deputy Barney Fife and he would bring it to me.  The guy said he would.  I simply toy with them now knowing I won't be sued by a scam artist.

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Making claims that they are public officials or working in the offices thereof is getting into the criminal realm.  But I don't know which law enforcement group is willing to look at it and maybe set up a sting to capture the perps.  But I would report it to police, at least, and maybe also FBI if they pretended to be anyone federal.

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They answer the phone as  "Litigation Office" meaning it is either a CA or a JDB.  Obviously they are trying to scare her. Obviously they did.

 

She needs to do a LOT of reading in the Flyingifr Method.  On the Other Board she will find these:

 

Understanding the Collection Agency

Chani of Custody - the JDB's Achilles Heel

Flyingifr on Venue

Making Yourself Judgment Proof

Frustrating the Skip Tracer

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Or, she could consult with an attorney. I recommend the latter.

 

In most cases that does work however after the first two calls and being scared to death I called a lawyer.  None of the consumer attorneys will touch these calls even though they are a clear cut violation.  The reason is it is a scam.  They use prepaid burner cell phone accounts and drop box mail addresses so finding them to serve them is nearly impossible.  It is one reason they absolutely refuse to provide an address to send a letter to when you demand one.  Another violation but there is no way to force them to give it up.

 

Even if you did manage to track them down and get them served they simple close up shop, relocate, change the "business" name and start over anew scamming people.

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In most cases that does work however after the first two calls and being scared to death I called a lawyer.  None of the consumer attorneys will touch these calls even though they are a clear cut violation.  The reason is it is a scam.  They use prepaid burner cell phone accounts and drop box mail addresses so finding them to serve them is nearly impossible.  It is one reason they absolutely refuse to provide an address to send a letter to when you demand one.  Another violation but there is no way to force them to give it up.

 

Even if you did manage to track them down and get them served they simple close up shop, relocate, change the "business" name and start over anew scamming people.

 

You are correct to the extent that we generally don't take these kind of cases. However, some of these guys can be traced to real people. In any event, my comment was directed more toward "consulting an attorney" in lieu of following the crackpot advice doled out on that "other board." We all know how that can turn out.

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You are correct to the extent that we generally don't take these kind of cases. However, some of these guys can be traced to real people. In any event, my comment was directed more toward "consulting an attorney" in lieu of following the crackpot advice doled out on that "other board." We all know how that can turn out.

 

We do indeed.   ::punk::

 

Once I figured out this particular scripting was a scam it was game on.  Sadly I think my phone number has landed on the "won't fall for it" list finally because it has been months since I got one of those calls.  

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Yet another reason for the "always deal with financial/legal matters in writing" promotion.  Of course, people do get scared and it's hard to come up with things in advance that help people not be scared.  To bad some bad apples in the actual A/R business track do similar things.  But I still stick with my mantra of "deal with debts in writing, never on the phone ... absolutely always" even for people wanting to pay off all their debts in full.  Better to favor the collectors that actually work with people over the ones that are just trying to shake them down (borderline scams, anyway).

 

Don't even ask for their address.  Just tell them to send it in writing.  If they don't have your address, they are not doing their job (even if you just moved to a new place) if they are a "real" debt collector.

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When I called the number the recording said "you have reached the corporate office"

I'm sure it was some kind of collection company.

http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

 

I would call Attorney General's office, See if they can find out who the number belongs to.

 

You may obtain a referral to a certified lawyer referral service by contacting the State Bar at 866-442-2529 (toll-free in California) or 415-538-2250 (from outside California), or via their website at: http://www.calbar.ca.gov.

If you cannot afford a private attorney, you may consider contacting your local legal aid office.

For a referral, visit www.lsc.gov and click on the Find Legal Assistance tab.

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So they called my girl friend brother again this morning and said they coming to the house.  what should he say to make them stop calling his personal cell phone.

 

is that even legal bugging someone family member like that.?

@bored7one4 - absolutely not!  You need to get some kind of proof with a call like that so you can sue the pants off of them.  

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@bored7one4

 

 

So they called my girl friend brother again this morning and said they coming to the house.  what should he say to make them stop calling his personal cell phone.

 

is that even legal bugging someone family member like that.?

 

 

If they don't show up (and I doubt they will), you'll know for sure that it's a scam.  Have you called the court to see if a lawsuit has been filed or a subpoena issued?

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So they called my girl friend brother again this morning and said they coming to the house.  what should he say to make them stop calling his personal cell phone.

 

is that even legal bugging someone family member like that.?

 

It isn't legal but if you demand an address or an actual business name they will hang up on you.  (sure sign it is a scam)

 

I have used the following lines with the we are coming now threats:

 

"Great, I am home and will be here all day."

"No need to come to the house I will meet you at the court house/jail.  In fact I am on my way now/pulling into the parking lot, would you like to meet outside or in the jail/courtroom?"

"I am already in jail just give the papers to Deputy Fife."  OR

"I am aware this is a scam you can add us to the list of people who won't fall for it and that includes our relatives and employers because they won't ;pay you either."

 

ANY of those will either get a hang up or they will attempt to argue you can avoid court/arrest by paying $400 or $600 right now by pre-paid credit card or western union.  

 

Another favorite of mine:

 

"But we paid (insert ANY name) yesterday and I have a confirmation number."  Then i read them their own case number in reverse order and add on two or three numbers.  They will argue you paid the wrong person or need to pay again.  To which I reply I am paying nothing and they can sue and I will bring my payment confirmation to court.  They should hang up and then argue with each other trying to figure out who took the money.  

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So they called my girl friend brother again this morning and said they coming to the house.  what should he say to make them stop calling his personal cell phone.

 

is that even legal bugging someone family member like that.?

"You're coming here? Great, I'll put on the coffee, you bring the donuts."

 

When they make silly threats like that, you should really challenge them on it.

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My favorite line to use on these kind of people is to let them go on and on and then I say Oh by the way I am an attorney.

 

I would call the attorney generals office, file a complaint and see if they can find out who this is.

 

Just do not answer the phone any more.

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