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TiminCO

Machol & Johannes called, now what?

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So last week I received a phone call from these yahoos about an "Important business matter" that the gal on the phone would not reveal because I would not give her any information other than my name. She then hung up on me. I guess what I want to know is, how do I go about finding out what they are calling about without accidentally reaffirming a debt? The only thing on my credit report is an old charged-off credit card from HSBC (Orchard Bank) from 2011. The original amount was $300 but it is listed on my credit reports as $865 and has been sold.  They have not served me because I do not have a job but I have no idea what they are calling about. Can anyone give me a clue of how to proceed? I am staring a new job and do not want the embarrassment of being served there if you know what I mean.

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You can bet your bottom dollar it is about that old account.  SOL in Colorado is 6 years. They want to make that deadline.  They do not care if you have a job, because if they can get a judgement, they can collect on it any old time they want--like when you do have a job.  If they know where you live, expect someone to serve you before or near the end of the SOL.

You might want to be proactive and study up on Arbitration.  HSBC cards have Arbitration clauses.  I can tell you M & J and the junk debt buyer will NOT go to arbitration over a 800  debt. It would cost them more that that to pursue, money they can't get back.

If you have not moved since you defaulted on this account, I would go to my local court and make sure there is not a default judgement against me already.  If you want to get this out of the way you could call Machol & Johannes and ask them what the call is about.  If it is that account, tell them you will need a debt verification.  Ask for their mailing address, and whom it is you need to speak to in correspondence.  Then send them a letter CMMR that states you elect arbitration for the alleged account.  If they sue you, you can answer with a motion to compel arbitration.  The only thing M & J will be able to do is dismiss the case.  they will not arbitrate.  Or you can study up on arb and wait to be served, then motion the court.  But use that time to learn court procedures, and arbitration. 

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Thank you for the reply.  I would like to give all of the background so I know how to proceed. I have been living in my house now since 2010. A lady did come to my door last October but I did not acknowledge who I was and she then told me she was there to serve papers. In hind sight I guess I should have just told her it was me. Fast-forward to two weeks ago and now I have been getting a call from M&J on Fridays. The first time they called was 3 weeks ago and that was the only call I answered, but did not give personal info. I have been keeping a log because I do call the surrounding county courts to check for recent filed documents but none have been filed as of yet. The first set of calls I made was June 8th. I called again today and still nothing. I wonder if they will call tomorrow. 

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Oh, if it helps I just checked my Equifax CR and it says the first date of delinquency is 02/2011. The original collector was Calvary Portfolio Services.

 

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1 hour ago, TiminCO said:

The original collector was Calvary Portfolio Services.

NO way the OC is CPS.  They are a junk debt buyer.   

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24 minutes ago, Clydesmom said:

NO way the OC is CPS.  They are a junk debt buyer.   

Oh, you think I meant they are the original creditor. I understand your confusion. CPS bought the debt from HSBC, which was the "OC" as you put it.

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