Leia1978 Posted October 15, 2018 Report Share Posted October 15, 2018 I recieved a phone call about a process server coming to serve me over an account that is 8/9 years old. This "process server" showed up at my boyfriend's work and my part time job. Which is funny because my part time job is listed on FB and not my full time job. He never came to my full time job or my house. I called the 888 number he left on my cell voice mail and all I got was the name lawyers office and a guys name of Jason......and no company name or law firm. He stated that Kay Jewlers is suing me but I know the account fell out of their hands in 2010 and into a collectors hands. "Jason" said that I owed money and he would take 800 today at that minute of my call. I did not know lawyers did that. I told him I would have to see and hung up. I called the sheriff's office and they said they are the ones that served papers and not process servers. I also called the court and they said there is no case filed under my name. I also looked up my name to be sure and there is no case against me under my name. I looked up the case number that was given to me is not valid. I am scared and I am having surgery in about 4 weeks. So this stess will not help in a few weeks. It seems funny that the amount I owe is 1,000 dollars but if I go to court it is going to cost me 3,000 dollars. I am not sure what to make out of this. The account itself is no long on my credit report and I have been working with an advisor to clean up my credit. Also, I reached out to Legal Shield and I now have a lawyer. They say if someone shows up to my house or work to call the sheriff. Mind you the sheriff's office also said the same thing. I guess they are looking for this individual because where I live there is no "Cabarrus county process servers office". The sheriff stated that everything comes from the court....goes to the sheriff and they go out to serve the papers. This also goes for other counties in my area. The lawyer stated that the statue of limitations was 3 years for this account and that they are way too late to take me to court. My lawyer stated if this Jason calles back not to talk to him, tell him I have legal representation, and he is suppose to call my lawyer...in which I give him his number. I guess I am wondering if anyone else has have this happen. Meaning a fake process server show up at a house or a job. Like I said the sheriff office told me to call 911 right away. Thanks....L Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 15, 2018 Report Share Posted October 15, 2018 Did they actually send a person to your boyfriend's place of employment and your place of employment? I have not heard of that before. The Sheriff was correct for you to call 911 immediately if this person shows up again. It might be helpful if you don't tell the person you are calling the Sheriff because they will probably run the minute they know you are calling them. According to NC Rules of Civil Procedure, only the sheriffs office or a person duly authorized by law can do service. I do not know what authorization means or what is required to obtain such authorization but I would be this guy does not have it and the sheriff will let him know that if they catch up with him. In any case, these calls are scams. Your attorney is correct that the SOL on this has expired years ago but if they can get you to make a payment, that restarts the clock. You did the right thing by hanging up immediately. If they call again, if not a robo call, just yell scammer and hangup. I would tell your boyfriend and any family members and close friends to do the same. Once they realize you are not falling for it, they will move on to easier targets. BTW, don't bother trying to figure out who is doing this scam. They are using burner phones and untraceable numbers. If the sheriff's office catches the guy trying to serve you, the best they can do is charge him with a misdemeanor and so he is not going to be convinced to tell who is paying him to do this for a lighter sentence. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 15, 2018 Report Share Posted October 15, 2018 @Leia1978 It’s a scam. A legitimate process server would not notify you ahead of time to inform you that you’re being served. Also, the sheriff told you that the sheriff’s department handles service. If the guy shows up again, you or your boyfriend should take the sheriff’s advice and call 911. Block his number on your phone. If he still manages to call again, either hang up on him, or tell him that his scam has already been reported to the sheriff. 1 Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 Thank you WhoCares1000 and BV80, My boyfriend's job called him and stated someone showed up and my part time job called my house stating someone stopped by looking for me. When the guy called my cell phone number first time it was blocked and the second time it was from a private number. I am stress so your help/advice is awesome. I am usually on my defense about this but I almost had a nervous breakdown when he called. That is when the panic set in.....then the calmness set in.....and I started to think. I did not pay "Jason" anything nor will I since my lawyer said not too. Plus, my lawyer said it is anelaborate scheme to scare someone. But I am scared for someone to show up and who knows if he has a gun or something. You do not know what people will do for a buck these days. It is just scary because I work hard, go to church, and started to pay my past debt and then this happens. But your assurance and advice is wonderful and thank you for your advice. Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 I also forgot to state that Jason will take my house, my social security, my car, my disablitity and any money in my saving and checking account. He also stated I will be working for him since he will be taking all my pay check money. Then he stated he would take my house (which I rent) so I am not sure how that would happen. That is when I hung up also because it seemed so strange. He said if I settle out of court he will not take anything from me. It was just strange...... Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 15, 2018 Report Share Posted October 15, 2018 1 minute ago, Leia1978 said: I also forgot to state that Jason will take my house, my social security, my car, my disablitity and any money in my saving and checking account. He also stated I will be working for him since he will be taking all my pay check money. Then he stated he would take my house (which I rent) so I am not sure how that would happen. That is when I hung up also because it seemed so strange. He said if I settle out of court he will not take anything from me. It was just strange...... HAHAHAHAHAHAHAHAHAHAHAHAHAHAHHA! Now I know this is a scam. State and Federal laws do not allow anyone to take social security checks, disability checks, retirement checks and they cannot take the full paycheck amount. Obviously they did not do any research on you if you are a renter. For the car, they can take it but no holder of a judgement will ever take a car unless it is a real expensive car without a note on it. They would end up paying out for the costs and to pay off the note and get nothing for the judgement. They can also take checking and savings accounts but only after they get a judgement with they can't because the debt is out of SOL. The only thing different here is the guy visiting various places of employment. Tell your employer (and your boyfriends) employer that if this guy comes back, to immediately call the Sheriff's Office. Once he hears that, he will go away and never show up again even though the worse thing the sheriff will do is discuss with him what the rules of civil procedure are unless this guy has an arrest warrant (which is possible). I guess this scam is lucrative enough to be able to hire someone to do this. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 15, 2018 Report Share Posted October 15, 2018 16 minutes ago, Leia1978 said: I did not pay "Jason" anything nor will I since my lawyer said not too. DO NOT pay them. They phished your information from some where and if you had paid your name would have been added to the sucker list and within a few months you would get another similar call about another debt. Once they figure out you are not an easy mark they will move on to other easier targets. I will admit actually sending someone to a home or job is a new twist on this scam. Typically it is just the phone calls. 1 hour ago, Leia1978 said: It seems funny that the amount I owe is 1,000 dollars but if I go to court it is going to cost me 3,000 dollars. Actually there is a grain of truth to this. While a creditor can sue a consumer for the actual amount owed which is $1000 for example the added expense of court costs, attorney fees and post judgment interest could balloon the debt up much higher if they lose. 1 hour ago, Leia1978 said: "Jason" said that I owed money and he would take 800 today at that minute of my call. That is the entire point. To get money out of you immediately. Had you agreed they would have asked for you to use Western Union or a prepaid debit card so that the money could not be traced to them. Since they took the added ballsy step to actually show up at 2 locations they might have even offered to come get cash. 8 minutes ago, Leia1978 said: I also forgot to state that Jason will take my house, my social security, my car, my disablitity and any money in my saving and checking account. He also stated I will be working for him since he will be taking all my pay check money. EVERY word they uttered is meant to simply scare the living daylights out of you and get money fast. As WhoCares said SSI, Disability, and pensions are federally protected. He cannot take all of your paycheck. Even if they were legitimate the maximum they could garnish from your check would be 25% after allowed deductions. 10 minutes ago, Leia1978 said: Then he stated he would take my house (which I rent) so I am not sure how that would happen. It won't. He assumed you own your home. No creditor could seize a home a debtor rented from someone else. Rest easy. They are not going to arrest or serve you though I almost wish they would try so that the Sheriff could arrest them. 1 Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 Thanks WhoCares1000, I find if funny that my boyfriend's job is on FB and so was my part time job. Yet, on my credit report is my full time employment and my house. After I settled down....I realized this and wondered why he did not show up at my full time job . I guess he did not know it because it is not listed on FB. When he was naming everything he was taking.....I figured Legal Sheild will let me know if that was true or not. My lawyer stated no unless a judgement is made. Also, Jason said I had 14 days to respond but my lawyer stated I had 30. I know I have the facts but sometimes a outside reassurance helps. So thanks! Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 Thanks Clydesmom, I said before outside reassurance is helping. I am having surgery and I am stressed about it.....this put my stress level to a thousand. I will let you guys know if this guy shows up and what the Sheriff says to him. I know the processor's name was Mike Lane or Matt Lane.....some like that. Real basic. Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 Thank you everyone for your support and advice! Quote Link to comment Share on other sites More sharing options...
nobk4me Posted October 15, 2018 Report Share Posted October 15, 2018 You have learned one of the pitfalls of Facebook. It is a paradise for all kinds of crooks, scammers, criminals, identity thieves, debt collectors, etc. Because people post too much personal information there . . . like where they work. I would recommend removing all references to your employment from your Facebook page. I think this is especially important for people who are in debt. Don't give your enemy any information they can use against you. For a legitimate debt collector, where you work tells them where they can garnish wages if they get a judgment. 1 1 Quote Link to comment Share on other sites More sharing options...
Leia1978 Posted October 15, 2018 Author Report Share Posted October 15, 2018 Thanks Nobk4me. I only had my part-time job listed but you best believe all info has/is coming off Facebook. I have not recieved anything or heard anything. But either way all things will go to my lawyer. I am still a little stressed and check the civil court system to see if anything is out there but so far nothing. Thanks for the advice. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted October 16, 2018 Report Share Posted October 16, 2018 13 hours ago, nobk4me said: You have learned one of the pitfalls of Facebook. It is a paradise for all kinds of crooks, scammers, criminals, identity thieves, debt collectors, etc. Because people post too much personal information there . . . like where they work. I would recommend removing all references to your employment from your Facebook page. I think this is especially important for people who are in debt. Don't give your enemy any information they can use against you. For a legitimate debt collector, where you work tells them where they can garnish wages if they get a judgment. Facebook is nothing but a scammer's paradise. There is no good reason to ever have one and especially to post personal information on it. 1 Quote Link to comment Share on other sites More sharing options...
TowerRat Posted October 18, 2018 Report Share Posted October 18, 2018 On 10/14/2018 at 8:46 PM, Leia1978 said: I recieved a phone call about a process server coming to serve me over an account that is 8/9 years old. This "process server" showed up at my boyfriend's work and my part time job. Which is funny because my part time job is listed on FB and not my full time job. He never came to my full time job or my house. I called the 888 number he left on my cell voice mail and all I got was the name lawyers office and a guys name of Jason......and no company name or law firm. He stated that Kay Jewlers is suing me but I know the account fell out of their hands in 2010 and into a collectors hands. "Jason" said that I owed money and he would take 800 today at that minute of my call. I did not know lawyers did that. I told him I would have to see and hung up. I called the sheriff's office and they said they are the ones that served papers and not process servers. I also called the court and they said there is no case filed under my name. I also looked up my name to be sure and there is no case against me under my name. I looked up the case number that was given to me is not valid. I am scared and I am having surgery in about 4 weeks. So this stess will not help in a few weeks. It seems funny that the amount I owe is 1,000 dollars but if I go to court it is going to cost me 3,000 dollars. I am not sure what to make out of this. The account itself is no long on my credit report and I have been working with an advisor to clean up my credit. Also, I reached out to Legal Shield and I now have a lawyer. They say if someone shows up to my house or work to call the sheriff. Mind you the sheriff's office also said the same thing. I guess they are looking for this individual because where I live there is no "Cabarrus county process servers office". The sheriff stated that everything comes from the court....goes to the sheriff and they go out to serve the papers. This also goes for other counties in my area. The lawyer stated that the statue of limitations was 3 years for this account and that they are way too late to take me to court. My lawyer stated if this Jason calles back not to talk to him, tell him I have legal representation, and he is suppose to call my lawyer...in which I give him his number. I guess I am wondering if anyone else has have this happen. Meaning a fake process server show up at a house or a job. Like I said the sheriff office told me to call 911 right away. Thanks....L If you live in a State like Ohio where the Statute of Limitations is also a Statute of Repose, then the debt ceases to exist, and any attempt to collect is a prima facie violation of the Fair Debt Collection Practices Act and probably your State consumer sales acts or collection acts as well. Phony docket numbers for court cases are also prima facie evidence of violations of the Fair Debt Collection Practices Act. I would have a field day and get a nice pay out if that ever happened to me. Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 18, 2018 Report Share Posted October 18, 2018 27 minutes ago, TowerRat said: I would have a field day and get a nice pay out if that ever happened to me. I doubt it, because scammers cannot be located in order to serve a summons and complaint. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 18, 2018 Report Share Posted October 18, 2018 12 hours ago, TowerRat said: I would have a field day and get a nice pay out if that ever happened to me. I agree with @BV80 that there would be no "field day" or pay day. Even if you managed to get someone served they will simply close up shop and move somewhere else starting over under a new business name. These scammers use mail drop boxes, prepaid untraceable burner cell phones, and phished phone numbers. Chances of you finding them are ZERO. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted October 18, 2018 Report Share Posted October 18, 2018 18 hours ago, TowerRat said: If you live in a State like Ohio where the Statute of Limitations is also a Statute of Repose, then the debt ceases to exist, and any attempt to collect is a prima facie violation of the Fair Debt Collection Practices Act and probably your State consumer sales acts or collection acts as well. Phony docket numbers for court cases are also prima facie evidence of violations of the Fair Debt Collection Practices Act. I would have a field day and get a nice pay out if that ever happened to me. I have never heard that Ohio is a statute of repose state. I know Wisconsin and Mississippi are, and I thought those were the only states that are. Do you have a citation to statute or case law on this? Not trying to be argumentative, just curious and always looking for "legal weaponry" to use against them. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 10, 2018 Report Share Posted November 10, 2018 On 10/18/2018 at 4:33 PM, nobk4me said: I have never heard that Ohio is a statute of repose state. I know Wisconsin and Mississippi are, and I thought those were the only states that are. Do you have a citation to statute or case law on this? Not trying to be argumentative, just curious and always looking for "legal weaponry" to use against them. @TowerRat is mistaken. OH does not have a statute of repose for this type of civil action. Quote Link to comment Share on other sites More sharing options...
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