Cusegirl770

Nasty CA called me for DH alleged debt but wouldn't say what CA

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This afternoon, outta the blue, I received a voicemail on my cellphone from an unknown collection agency for my DH. The message stated he missed a telephonic deposition and that further action would not be prevented by not contacting them, etc. They left an 800 number along with a reference number. Called DH and he had no idea what it could be. We conference called them back and gave the reference number. A woman got on the phone and was immediately nasty and combative. She verified his SSN and then said that he owed CitiFinancial and it was last paid in 2009. She went on to say it was purchased by them and the SOL was 12/2016. She finished by saying "we" could handle it one of two ways. Pay or be sued. My husband, sort of dazed and confused, said it wasn't his. I began to ask for more information and was hung up on. We continued to talk and my line was interrupted so I answered. It was the woman again. She says the debt is my husband's, he knows it and he's gonna pay and hangs up again. Needless to say, I'm now furious. However, I calm down, wait an hour before I call back to find the name of the company and speak to a manager. When I call, I ask for the name of the company. It's the same woman. I ask to speak to a manager. She says, " Your husband needs to grow a pair and stop hiding behind your dress." Excuse me? She replies, did I studder? And hangs up.

I attempted with no success to do a reverse number look up. I would like to find out the name of the company (855-856-3778), whether there's any recourse for personal attack and more importantly, information to determine if it's possible the account is his. We have not received ANY communication regarding this matter prior to today and it's not showing on his CR. We live in GA. I apologize for the lengthy message but I really could use some advice on the best way to handle this.

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If you know for a fact that it is not his debt, it could be a scam call trying to scare you into paying. I don't know the SOL for GA, but I would think it is past, meaning they CAN'T sue you unless you either agree in writing or make a payment or two. so, DO NOT give them a dime! Save that voice mail and DO NOT talk to them again on the phone, let them leave messages and record them. DO NOT give them any of your banking information, allow them to auto debt your account or pay them from your personal accounts at that bank!

 

Do get on here and start reading and asking questions. We can help you fight this and to beat it. I am almost sure you are past the SOL if that is his debt. But, to be safe, STAY OFF the phone. Try and locate the name of the company so that you can DV them. They may start trying to call him at his work and yours. As soon as you can find out who they are you can again send a DV and a stern warning that they are not to call either of you at work or they will be sued. Don't tell them that you are recording them. Get a recorder for home if you have a land line and they start calling you there. Also, you can transfer all recordings to it and give to an attorney Should you need an attorney go to www. naca.net to locate one in your area. Good luck. I just checked, the SOL in GA is four years I believe, that means they should not be able to sue you.

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I don't know the SOL for GA, but I would think it is past, meaning they CAN'T sue you unless you either agree in writing or make a payment or two. so, DO NOT give them a dime!

 

I am almost sure you are past the SOL if that is his debt.  I just checked, the SOL in GA is four years I believe, that means they should not be able to sue you.

 

You are wrong. I don't know where you checked but the SOL for GA is 6 years on credit card debt so depending on when a debt in 2009 defaulted the SOL may not be passed.  

 

Even if the SOL had passed it does not mean that the JDB cannot sue it only means that the consumer has an affirmative defense to the suit.  If the consumer fails to raise that issue then it is deemed waived by the court.

 

We live in GA. I apologize for the lengthy message but I really could use some advice on the best way to handle this.

 

A google search on the number revealed that according to this thread:  http://800notes.com/Phone.aspx/1-855-856-3778that this is likely a scam which is why they violated the law any number of ways with the threats and insults.  Unfortunately you would likely be chasing a phantom and they are impossible to find.  Scammers like this use pre-paid untraceable burner cell phones, mail drop boxes to avoid process of service, and if caught simply close up shop change their name and relocate to start over.  

 

If it were me and they called back I would tell them that after their first call I contacted Citi and paid them directly and they can call Citi for their money.  These scammers are looking for "low hanging fruit" in the form of consumers they can scare into paying using prepaid debit or credit cards so that they can not be traced as to who and where the money was collected.  Once they figure out you won't pay they will move on to an easier mark.  

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Clyde, you just have to show that you are so superior to everyone on this board. You, yourself have been wrong many times!!! Note I said that it appeared that the SOL might be up, the Google search I got back said 4 years. Thus, I said it might be. Yes, I know that they can still sue, but in most cases they won't because of the defense of the SOL. You try your best to make everyone seem stupid and beneath you. You must have a complex or something. I would guess that your between 55 and 62, either can't keep a job, or a lonely widow that is bored.  If not a widow, maybe with your attitude you can't keep a husband. Thus, going from state to state or looking for love in all the wrong places. Either way, you need to come down off your ladder.

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Note I said that it appeared that the SOL might be up, the Google search I got back said 4 years. Thus, I said it might be.

 

You stated unequivocally that you are almost sure that the OP cannot be sued.  Why on Earth would you use a google search for SOL instead of a known website like this:  http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.htmlthat is legally based and clearly gives the SOL?  You seem to believe that you can just randomly apply the laws in Texas to every other state.  

 

Fortunately this OP was likely contacted by a scammer and at least this time you haven't done any harm and I corrected your bad information on the SOL so some other poor soul from GA doesn't mistakenly follow your bad advice and end up with a judgment believing what you put out here.

 

As for the rest of your unwarranted personal attack:  It says more about your lack of character than anything you attempted to disparage about mine.  

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@TomnTex

 

Tom, those personal attacks were uncalled for and you know better than to do that. 

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@bassplayr

 

And to think, any time someone has a problem with CM, the staff comments about attacks only flow one-way.  What a shame.  Dont see anything about the cheap shots that CM takes when people disagree with her comments.  Ridiculous.

 

 

It's obvious that you don't understand the difference between unkind remarks about a poster's personal life and comments about debt collection topics.   You are welcome to contact the admins.

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@bassplayr

 

The moderation doesn't apply the same to Clydesmom?  I take it that you haven't noticed that she has warning points?  

 

Contact the admins.

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