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Attorney called me, basic questions


mordisk
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Okay so I have an overdue account from 2005 with US Bank(opened in either Wisconsin or Illinois, calling tomorrow to figure it out) and the other day I got a call from an Attorney threatening legal action if I didn't pay right then. They had all of my info down to my full social security number so it seems to be legit.  I did call US bank and verify it as legitimate just to be sure since that was my only option with the Attorney not willing to give me anything. They refused to give me anything in writing about the debt unless I agreed to pay first and paid that day. They stated it is past the point of giving me anything in writing because they had recently sent letters to my address from 2005, apparently they made no effort to actually see if I lived there or not.

 

He gave me a name of the debt collector who hired him but google brings up nothing for the name "coast credit receivables". Google also shows nothing for the number I called back to talk to the Attorney at.

 

My questions are:(again just for clarity the original account was opened in either Wisconsin or Illinois I still have to find out which)

 

If this Attorney is calling asking me to pay my debt, isn't he considered a debt collector by law? The fair debt collection practices act(FDCPA) laws should apply to him correct? He should have to send me some type of verification of the debt or something if I ask? If I ask for the debt collectors address or his address in order to send them mail do they have to give it to me(from my understanding, they do)?

 

What type of debt is a negative bank account considered? I have reasoned it down to either "written" or "open". Obviously I signed papers to get the bank account but the papers would not be specific to a certain amount of debt which would be considered written right? I am assuming it is open debt because in order for it to go negative they had to essentially extend me a line of credit similar to a credit card. I would love for some input on this specifically because if it is open then the statutes of limitations would kick in and he would be violating FDCPA by threatening legal action when none can be taken.

 

He stated the amount of the original debt was $700 but when I called US bank they said when they sold the debt it was only $225. He offered to take $353 right then and there and not a day later. He also wanted to send me an email or fax with a paper to sign and include my payment information. They wont take payment over the phone. It seems REALLY sketchy but he did have all my info and I was able to validate the debt other than the amount they are saying I owe.

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I love how these people call us credit terrorists. The lawyer is bound by the FDCPA and its rules. This includes sending a letter 5 days after contacting you and giving you the option to DV. If you found the attorney's address or they gave it to you, even if you don't get the 5 day letter, send a DV. They also cannot threaten action that they cannot or will not take (more below).

Lets ask ourselves, the debt is $700, but the attorney is offering to settle for half. Why is that? Real simple, this debt has run the Statute of Limitation in either state. Hence, it is not collectable in court. They therefore need to scare you into making a payment today to reset the SOL and be able to sue you for the rest.

So if the attorney's office calls again, simply tell them that you are ready to go to court and will deal with them there. Between SOL and the FDCPA violations, you are sure to cost them more money than they will ever collect.

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Anyone who won't provide written information is a scam.  Tell them that.

 

Then ask if the person you are speaking with is an attorney.  If they say yes, ask what state they are licensed in and for their bar license number and state.  If they say no ask for the name of the attorney supervising them and his/her bar license number and state.

 

If the attorney is not licensed in your state, this group won't sue you.  Suit has to be entered by an attorney licensed in the state where you reside.

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I agree, anyone who won't give you basic information and keeps hammering home about paying is probably a scam.  Now that they've contacted you by phone, they have 5 days to send you a letter.  Keep your eye out for that letter (or lack of it).  

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I seriously doubt this is a lawyer at all but a scam artist who hopes that by threatening and scaring you that you will pay up.  It is probably time barred from lawsuit anyway.  By law if you request their information they are required to give it.  The very fact they refused to do so indicates scam to me.

 

However, in order to send them a FOAD letter I would create a hotmail or other outside email from my personal one and have them email their "form" to me so that I have a contact method for them.  I bet that form has an address on it somewhere.  Then I would send the FOAD letter to the email and any address I found.  If by chance there was an actual attorney listed I would file a Bar complaint for violations of the law and speak to a consumer attorney about suing them for it.

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I called US bank and they said the account was opened in Illinois on March 14th 2005 and closed on March 31st 2005 which seems kind of fast to me. Illinois SOL is 10 years written and 5 years open so I am still trying to figure out what type of debt it is considered. Also Since I reside in another state now(Nevada) I know it can complicate things if they decided to sue.

 

One thing I didn't mention is when he called he would say at some points he needed to contact his client and then would be gone for ~2 minutes and come back with an answer. That itself seemed really strange as it seems like it would be difficult to explain everything to a client that fast and get a response. Also he didn't just threaten legal action he used the words "you are being sued" when I started asking him questions and saying I just wanted to make sure the debt was legitimate and not a scam. I am going to call today and ask for his information. He did give me a lawfirm name of "Howard & associates" on the phone the other day but there are about a billion of those around and I couldn't find any with anyone with his name listed(he only gave his first name).

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I called them and it turns out he is not an Attorney and said he only works for the attorneys office. I swear he told me different on the phone the other day or at least hinted as hard as he could that it was the case. I am going to send them a SOL letter and hope this takes care of it. I asked him for written validation again and he just asked me yet again if the address from 2005 was current or not  I told him not and that he would have my address in writing within the week. They do have my email and I agreed to be contacted that way so he could have sent me the information there. Once I said I was disputing it he confirmed I was disputing and then said "have a nice day" and hung up.

 

The address he gave me doesn't seem to be correct. I cannot find anything about any howard and associates at 5 park place   irvine, ca. There is a 5 park plaza there but that isn't what he said. Even if he meant that he would still have to give me his suite number which he did not.

 

He was pretty condescending on the phone too. I mis-spoke a few times by saying I talked to him yesterday instead of Friday and every time he would say "Yesterday was Sunday" in a really childish way. Wonderful people.

 

Edit:

 

Looking online I found this http://800notes.com/Phone.aspx/1-949-864-6879 http://800notes.com/Phone.aspx/1-949-381-1650

 which makes me wonder if it is indeed a scam how does he have ALL of my personal information including full social security number. That is not the number they called me from but they did call out of California from 949-529-1406 which I can't find anything on. My buddy called from a blocked number and was sent to some digital voice mail that had no identifying information just "this person is not available".

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I love how these people call us credit terrorists. The lawyer is bound by the FDCPA and its rules. This includes sending a letter 5 days after contacting you and giving you the option to DV. If you found the attorney's address or they gave it to you, even if you don't get the 5 day letter, send a DV. They also cannot threaten action that they cannot or will not take (more below).

Lets ask ourselves, the debt is $700, but the attorney is offering to settle for half. Why is that? Real simple, this debt has run the Statute of Limitation in either state. Hence, it is not collectable in court. They therefore need to scare you into making a payment today to reset the SOL and be able to sue you for the rest.

So if the attorney's office calls again, simply tell them that you are ready to go to court and will deal with them there. Between SOL and the FDCPA violations, you are sure to cost them more money than they will ever collect.

Iiiiiimmmmm bad.

 

I am Veteran--------------------I am a Terrorist

 

I believe in the constitution-----------------I am a Terrorist

 

I believe in the 2nd Amendment (and all the others)-----------------I am a Terrorist

 

I am a christian------------------------------------------------I am a Terrorist

 

Obozo care is a con----------------------------------------I am a Terrorist

 

I have been drowned in debt and I defend myself-----------------I am a Terrorist

 

Just a slight warning....with the implementation of all the data sharing involved with ACA and the corresponding dangers of known improper useage of this information and the lack of any REAL security in this system the problems with identity thief are going to skyrocket.

I would be even more careful these days than we have been in the past with sharing any information with anyone without a proper vetting of those individuals and companies. If they are so sure of their information then they don't need me to spill everything and remove all doubt for them.

They want me to verify their information, then they can darn well verify theirs to me. They get to go First!

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If they call you again this is what you do:  

 

1.  Tell them your call is being recorded (even if it's not, they don't have to know that).

 

2.  Tell them you would like to pay but it have to be by money order as you have no credit card or checking acct, then you will have something in writing from them.

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If they call you again this is what you do:  

 

1.  Tell them your call is being recorded (even if it's not, they don't have to know that).

 

2.  Tell them you would like to pay but it have to be by money order as you have no credit card or checking acct, then you will have something in writing from them.

They might say to go buy one of those new pre-pay debit cards.  People need to NOT do that.  So what can be said back to convince them that is not going to ever happen (when for collectors that ask for them, lots of people do)?

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