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Do we do Cease and Desist?


myheart
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My husband has been receiving calls for the last week or so from different numbers, mostly Indian accents.  We have been blocking them and ignoring them.  Last night he received a forwarded text message his mom received.  Of course it was the usual stuff, looking for him, his file number, threatening to sue, etc.

I called this morning but they wouldn't talk to me as I was the wife.  She did look up the "file" and said they had a po box for him and they need a physical address to serve "legal documents."  I know darn well if they wanted to, they could find a physical address.  We haven't had a po box in many years so I know this has to be an old credit card.  I told her they needed to stop contacting relatives and she said she would pass that on to the "process server."  I asked for their business name and fax and she gave me Law Office of Kline and Kennedy in Murietta, CA which of course does not come up online.  They call from 888-565-29.4 and 888-580-0128.  There were others I believe but these are the only two I can recall.

So my question is this, do I fax a cease and desist?  I would like to find out which account this is so I know the statue of limitations.

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1 hour ago, myheart said:

My husband has been receiving calls for the last week or so from different numbers, mostly Indian accents.  We have been blocking them and ignoring them.  Last night he received a forwarded text message his mom received.  Of course it was the usual stuff, looking for him, his file number, threatening to sue, etc.

I called this morning but they wouldn't talk to me as I was the wife.  She did look up the "file" and said they had a po box for him and they need a physical address to serve "legal documents."  I know darn well if they wanted to, they could find a physical address.  We haven't had a po box in many years so I know this has to be an old credit card.  I told her they needed to stop contacting relatives and she said she would pass that on to the "process server."  I asked for their business name and fax and she gave me Law Office of Kline and Kennedy in Murietta, CA which of course does not come up online.  They call from 888-565-29.4 and 888-580-0128.  There were others I believe but these are the only two I can recall.

So my question is this, do I fax a cease and desist?  I would like to find out which account this is so I know the statue of limitations.

Those are scams.  A legitimate attorney or collector would not call to get an address to serve “legal papers”.  

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Most likely this is a SCAM.  They are probably calling from outside the US, not from a real law office, and may be spoofing the numbers.  It is most likely not related to an actual defaulted debt.

Process servers don't call people in advance (who would be home?)

There is no way you can fax or mail them a cease and desist, and even if you could they would probably ignore it, as they are crooks.

Just ignore them.  They can't hurt you unless you let them scare you.  Don't give them money, or any information about yourself or your financial affairs.

 

 

 

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Just now, myheart said:

I know that but I also don't want them calling relatives.  The only collection company on his report is Midland.

Unfortunately, there’s probably nothing you can do.  Chances are those phone numbers are either spoofed, or they are calling from burner phones.  

Next time they call, you can tell them you’ve reported them and their numbers to the police, but they’ll just get new numbers.  Just tell your family it’s a scam trying to scare people into paying money they don’t owe. 

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35 minutes ago, BV80 said:

Unfortunately, there’s probably nothing you can do.  Chances are those phone numbers are either spoofed, or they are calling from burner phones.  

Next time they call, you can tell them you’ve reported them and their numbers to the police, but they’ll just get new numbers.  Just tell your family it’s a scam trying to scare people into paying money they don’t owe. 

If it is because of the money owe(around $700) they can bug you until statute runs correct?

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You're not getting it. This is a scam. They aren't legitimate debt collectors. There is no "debt" they are trying to collect. They just want you to pay, and if you do, you will end up on a list of "suckers" they know will pay bogus "debts" if they call your relatives enough times, and that list will get passed on to 100 other scammers that will try to do the same thing. 

There's nothing you can do to stop it. If you ignore them, they will eventually go away, but it takes a few weeks. 

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11 minutes ago, myheart said:

If it is because of the money owe(around $700) they can bug you until statute runs correct?

It doesn’t matter if the debt is legitimate, the “debt collector” calling you is not legitimate.   Just ignore them.

For future reference, you can still be contacted about debts that are outside the statute of limitations.  If contacted by a legitimate debt collector for a time-barred debt, that’s when you send a cease and desist.

 

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45 minutes ago, BV80 said:

It doesn’t matter if the debt is legitimate, the “debt collector” calling you is not legitimate.   Just ignore them.

For future reference, you can still be contacted about debts that are outside the statute of limitations.  If contacted by a legitimate debt collector for a time-barred debt, that’s when you send a cease and desist.

 

So for now I can’t ask them to stop calling?

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13 hours ago, myheart said:

So for now I can’t ask them to stop calling?

These are people who don't care about the law. They know they are untraceable. They are like the IRS and Microsoft scammers. Not only that, if you do state the FDCPA to them, their claim is that they are a process server and thus, exempt from that law. That statement falls plat if you understand the rules of process service in your state however.

I would just tell your family to ignore the calls and if they happen to pick one up, yell "BENCHOD" into the phone and immediately hand up. That word is an insult in Hindu culture (roughly translates to sister <BLEEP>). You might get a call back from them hurling insults so I would definitely not pick up after that.

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16 hours ago, myheart said:

So for now I can’t ask them to stop calling?

The one way that might work is to simply tell them you know they are scammers, you have notified friends and family they are scammers and NO ONE WILL PAY THEM.  Once they know that they move on to other easier targets.  I used to get these calls several times a month.  Once my name was known on the "don't waste your time" list I haven't received one in I don't know how long.  If they think they have a chance they will keep calling.

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  • 2 months later...

Back again....yesterday the calls went crazy.  They called my mom, our son, both his personal and work phone and today his cousin.  They are calling from 877-735-3116 which of course is some "legal" department.  I called to get a fax number but both times I called they were rude a&&holes.

What can we do to stop those calls to relatives?  I honestly want to know what account it is but I am positive it is Midland

 

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16 minutes ago, myheart said:

What can we do to stop those calls to relatives?

When the call comes in the relative must get an address to send a cease and desist to.  You cannot do it for them.  I still do not believe this is Midland.  They don't do stuff like this. Block the number(s) and it will stop.

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Who the heck does this then?  They keep claiming they have documents which I know is not true.  They have our home address because he left it in the voicemail yesterday.  It's just that in the last two days the calls have been constant and desperate.  We have blocekd all the calls that come in but then they come in from another number or a "No Caller ID" like today.  They called mine and when I didn't answer, they called his right away.

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