Jump to content

Threatend Lawsuite by National Mediation Bureau


Recommended Posts

My mom got a call by someone claiming to be a process server saying they were giving me number to call prior to them serving me.  This is not my first trip around the block, so i called the number, being prepared for the crap they would throw my way.  

The guy on the phone said they were giving me one last chance before filing a lawsuit and garnishing 25% of my wages.  I asked him the charge off date he said 2010.  I told him the SoL in Texas is 4 years, which he said its 6 years for a written contract.  I replied that credit cards are not considered a written contract in terms of the law and he once again threatened to sue me and asked for a time and place to serve me.  I told him they have my address, to which he said he needed a time and place.  I once again refused, saying they have my address they can attempt to serve me there. 

He then was getting frustrated and said "are you hard of hearing??" to which i replied i would not be insulted by someone making minimum wage harassing people.  He apparently did not like that and hung up after a snarky "have a blessed day".  During the call I never once acknowledged the debt.

Did I handle this correctly?  

Link to comment
Share on other sites

Your Mom got a call for you that was more than location acquisition? Mom and you should keep a call log and see what they do next. If they do not serve you after threatening to along with threats of garnishing your wages, that could be something to see an attorney about. The one thing you and Mom can do is make sure when they call that you tell them not to call again, they do not have your consent to call.

Have you ever received anything in the mail? Here's the FDCPA, you may want to check the Texas equivalent to see any additional protections.

(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

Link to comment
Share on other sites

Yeah they called my mom and left a message which we saved.  Did not bother giving the "this is an attempt to collect a debt" speel.

Thanks for the info.  Just wanted to validate I was correct in my assumptions. 

Seriously thinking about calling them back while recording the call. I can count at least 4 FDCPA violations.

Link to comment
Share on other sites

12 minutes ago, plight said:

Yeah they called my mom and left a message which we saved.  Did not bother giving the "this is an attempt to collect a debt" speel.

Thanks for the info.  Just wanted to validate I was correct in my assumptions. 

Seriously thinking about calling them back while recording the call. I can count at least 4 FDCPA violations.

The trouble with suing scam artists is locating them.   Many times, their phone numbers will change regularly or even immediately after making a call.  Also, these business are not registered with the state so you can't find an address.

Link to comment
Share on other sites

As Nascar said, with these people, there is no incorrect way to tell someone to go away. This is a scam because process servers never call before serving papers. Because so many people hide, they would rather just show up and surprise you with the service. By calling, it makes it more likely you will hide. Make sure to tell your mother and any other family members and close contacts about this scam so if they get called, they know they are dealing with a scammer.

As for violations, as BV80 said, good luck finding these people. Just best to tell them to go away (they do get the message that you will not fall for the scam) or if you want, have a little fun with them.

Link to comment
Share on other sites

4 hours ago, CCRP626 said:

Mom and you should keep a call log and see what they do next. If they do not serve you after threatening to along with threats of garnishing your wages, that could be something to see an attorney about.

Waste of time.  They would be chasing a phantom.  Reputable consumer attorneys won't touch it.  More than likely they are not even in the USA.  Even if you managed to find them to serve them they would simply close up shop, change names and move on to start over.  They use prepaid burner cell phones and mail drop boxes.  Chances of finding them are ZERO.

4 hours ago, plight said:

Did I handle this correctly?  

YES.  The only thing I would have brought to his attention:  TX does not allow wage garnishment.  Do NOT waste any time chasing them.  You can ignore their threats without peril.  I toy with them and tell them to come on over I will put on coffee if they bring donuts.  Better yet tell them your correct address and give the location of your local jail or police department.  I have also used a small air horn to blow out their ear drums.

  • Like 1
Link to comment
Share on other sites

I was curious if these calls were generic or sprinkled with enough authentic detail like someone had been checking court records.

If you're going to get on the phone with them a question to ask would be what is the payment address. Someone's got to pick up the mail sooner or later if law enforcement is interested.

Link to comment
Share on other sites

14 minutes ago, CCRP626 said:

I was curious if these calls were generic or sprinkled with enough authentic detail like someone had been checking court records.

If you're going to get on the phone with them a question to ask would be what is the payment address. Someone's got to pick up the mail sooner or later if law enforcement is interested.

I'd be surprised if they provided an address.  Scammers usually want your debit or credit card number. 

  • Like 2
Link to comment
Share on other sites

1 hour ago, CCRP626 said:

I was curious if these calls were generic or sprinkled with enough authentic detail like someone had been checking court records.

JUST enough detail to scare the beejeezus out of the less knowledgeable.  They have even attained social security numbers at times.  If you talk to them long enough the clear clue it is a scam (beyond the "someone is coming to your house between 12 and 3 to serve you have two forms of ID ready" etc. crap) is when they tell you that you can resolve it today for $400-800 dollars.  When you ask how to pay they ALWAYS want a prepaid debit card that way the money cannot be traced when they collect it.  They also have used Western Union though they have taken big steps to curb using their service for fraudulent purposes.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.