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Diverse Funding/HSBC lawsuit??


JessEA
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Not quite sure where to start, but here it goes

My work called me to say that somebody called for me stating that I washrooms to be served for a lawsuit tomorrow (Saturday). When I called the number to see what it was about, they didn't give any of their information/company name etc, and told me I was being sued by HSBC for $1300 on an account that was charged off in March 2010. She actually said it was June of 2011, but I checked my report to verify. I have a charge off for $488 (and of course she said it's added interest and fees now)

Anyway, I told her I haven't received any collection notices, and she said they sent a letter (but didn't give me a date or anything). I also told her they can't serve me at work because -. I'm not there on the weekends and 2. I could get in trouble for that because I work at a hospital and I'm treating patients all day. She yelled out "you are being served so good luck" and hung up.

I called HSBC, and had to go through four departments before somebody could track this account down, and was told it was sold to Diverse Funding in 2012. Their number is (855) 366-8584. The number that I got the call from was also an (855) area code, so I'm guessing it's the same place.

Is this just some kind of scare tactic? My husband received a similar call last year (also at work, in the same hospital department) about an account we've never had. They called 30 times a day and locked up most of the phone lines in our clinic. When I googled the number, there were lots of people saying it was a scam. I'm just not really sure what to do at this point since the debt is not out of SOL yet, and if they serve me at work, I'm up a creek!

Any help/similar experience would be appreciated!!

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Anyway, I told her I haven't received any collection notices, and she said they sent a letter (but didn't give me a date or anything). I also told her they can't serve me at work because -. I'm not there on the weekends and 2. I could get in trouble for that because I work at a hospital and I'm treating patients all day. She yelled out "you are being served so good luck" and hung up.

 

First:  for VALID lawsuits they CAN serve you at work even if you tell them not to.  Working in a hospital doesn't insulate you from that.  Typically in this situation they go to security and serve the notice there and security calls you down to be served.  Whether your employer takes to kindly to that is your issue but it is legal.  

 

Typically when they start yelling that you are being served it is a giant red flag that it is a scam.

 

Is this just some kind of scare tactic? 

 

Maybe.  The easiest way to know for sure is to go on line for the court for your address (both home and work if different counties) and see if a suit has been filed against you.  If the court does not have an online docket search you will have to go to the clerk's office and search in person.  The downside to that is if there is a suit filed they will serve you right then.  

 

If there is no lawsuit filed it still is a maybe as it may mean the JDB has not filed yet.  Or it means it is a scam.  Either way nothing you can do until they file and you are served if it is for real and if it is a scam you can ignore them as they won't show up they are trying to scare money out of you.

 

First find out if you are really being sued.  If it is an actual suit then you start the active phase of fighting it.

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Check and see if a suit was filed against you... if not - you have a beautiful FDCPA violation when you call them and ask them if you're being sued (be sure to record).

 

 

If you duck service (in the event there is an actual suit), they can serve by publication if the can't serve at home or work. They will publish something in the local newspaper and after 4 weeks, it's considered valid service. 

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I haven't been served yet, and I was actually at work on call this weekend, so I'm assuming they didn't attempt to serve me there. I'm going to check with the court tomorrow (no online checking for my court). I'll update when I find out. Thanks for your help guys!

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