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pkh6965

Is this real or not?

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Got this phone call this morning:

Hello this message is for (my name) . My name is Miranda Wright and I am calling from Midland County (inaudible-think she said processing). I'm calling to from the county processing unit and were' calling today regarding a fax of the verification I had come into our office from Keller and Phillips. It is sitting here with a potential judgement and that it is schedule to be filed tomorrow July 3rd, through the county clerk. A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken. If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Again Keller and Phillips is that filing party and their number is (phone number) and provide them the reference number (number). Thank you.

So they say they are calling from Midland County where I live but the number came from San Antonio, nearly 300 miles away. Also I have received absolutely nothing, no calls or communication from this Keller and Phillips. I see some possible red flags and wanted some advice on whether you think this is legit or not. 

Thanks.

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SCAM!! DO NOT call and DO NOT PAY!  Here are the RED flags:

  • I'm calling to from the county processing unit  No such unit exists in any state.  
  • It is sitting here with a potential judgement  NO!  Unless you have been sued and lost there is no such thing as a "potential judgment"
  • A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken.  There is no state law in TX that requires they wait 24 hours before acting on a valid judgment.
  • If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Ah the old threat to go to your employer.  This is to scare you into paying. Especially entertaining when the call recipient happens to be self or unemployed.
  • Again Keller and Phillips is that filing party  Google Keller Williams.  They are a Real Estate company LMAO.

Do warn friends, family and employer that you have been targeted by a scammer and that you do not owe any money.  You don't want them to panic and pay thinking they are helping you.

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Thanks, I thought so. Just sounded so weird. My first thing was how the call said they were from my county but the id on my phone says San Antonio. 

 

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I agree, it is a scam. Or at the very least a debt collector who thinks saying things like she has said would get you to call them. I once had some "debt collector" call me and tell me "we have a felony warrant in the State of Oklahoma that is about to be processed". My heart began to sank as I thought what the hell.....then she said it was related to some old old OLD debt. I have also received a call once from another place claiming to be "pre-legal service". Saying I need to sign for this that and the other. You have no obligation to do that, and neither will you sign for any "service" of papers from a court, unless that service is made by certified mail, where allowed by law.

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2 minutes ago, alwayswinning36 said:
 
 

I agree, it is a scam. Or at the very least a debt collector who thinks saying things like she has said would get you to call them. I once had some "debt collector" call me and tell me "we have a felony warrant in the State of Oklahoma that is about to be processed". My heart began to sank as I thought what the hell.....then she said it was related to some old old OLD debt. I have also received a call once from another place claiming to be "pre-legal service". Saying I need to sign for this that and the other. You have no obligation to do that, and neither will you sign for any "service" of papers from a court, unless that service is made by certified mail, where allowed by law.

If a service processor comes to the door, you should sign for the papers. You can look on the court website afterwards to see if the are valid.

In Minnesota, you have to be very careful because a case starts when you are served, not when it is filed in the court so you should answer the complaint anyways, just to protect your right to a fair trial.

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Just now, WhoCares1000 said:

If a service processor comes to the door, you should sign for the papers. You can look on the court website afterwards to see if the are valid.

In Minnesota, you have to be very careful because a case starts when you are served, not when it is filed in the court so you should answer the complaint anyways, just to protect your right to a fair trial.

Ahh. I apologize. I take for granted that not everybody lives in Texas like I do. I don't recall ever signing for service of court documents. Then again, I MIGHT have the last time I was served. Only because I was kind of a d*** to the guy when he called trying to make it out like he worked for fedex or something just trying to "deliver an item" to me. I made it right, though. Just called him and up and told him when I would be back home and he was sure to show up promptly at the time he said he would.

 

Does that mean in Minnesota the SOL clock doesn't stop either, until you are served? Meaning today is the last day of SOL, for suit to be within SOL and they serve you three calendar days later they are not stuck because of the SOL expired?

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57 minutes ago, alwayswinning36 said:

I take for granted that not everybody lives in Texas like I do.

Which can cause huge problems when hard line statements are made about critical stages like process of service and court documents.  I know you are excited to help but be sure of what state the OP is in and the rules for that state before you answer based on your narrow field of knowledge in TX.

1 hour ago, alwayswinning36 said:

Does that mean in Minnesota the SOL clock doesn't stop either, until you are served? Meaning today is the last day of SOL, for suit to be within SOL and they serve you three calendar days later they are not stuck because of the SOL expired?

You REALLY need to learn how the SOL for lawsuits works in ALL states.  The SOL is tolled (STOPS) on the date the suit is FILED with the court.  The date the Defendant is served has NOTHING to do with it.  The SOL stays tolled as long as the case is active in the courts.  For example:  if the SOL would expire on October 30, 2020 and the Plaintiff files suit on October 27, 2020 the SOL tolls with 3 days left on it.  The Defendant isn't served until February 2021.  Ultimately the case is heard in June 2021 and the Defendant wants to plead SOL expired.  They are denied because the SOL is tolled as the suit is still active in the court.  If the suit is dismissed because they can't serve the Defendant or any other reason then the SOL runs as though the suit were never filed and is now expired. It is only in rare circumstances has a Plaintiff been able to revive the suit and over ride the SOL expiration due to court error.

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15 minutes ago, Clydesmom said:

Which can cause huge problems when hard line statements are made about critical stages like process of service and court documents.  I know you are excited to help but be sure of what state the OP is in and the rules for that state before you answer based on your narrow field of knowledge in TX.

You REALLY need to learn how the SOL for lawsuits works in ALL states.  The SOL is tolled (STOPS) on the date the suit is FILED with the court.  The date the Defendant is served has NOTHING to do with it.  The SOL stays tolled as long as the case is active in the courts.  For example:  if the SOL would expire on October 30, 2020 and the Plaintiff files suit on October 27, 2020 the SOL tolls with 3 days left on it.  The Defendant isn't served until February 2021.  Ultimately the case is heard in June 2021 and the Defendant wants to plead SOL expired.  They are denied because the SOL is tolled as the suit is still active in the court.  If the suit is dismissed because they can't serve the Defendant or any other reason then the SOL runs as though the suit were never filed and is now expired. It is only in rare circumstances has a Plaintiff been able to revive the suit and over ride the SOL expiration due to court error.

Well, the OP doesn't live in Minnesota. The person I was replying to and asked the question of does. I have better things to do than study every law in every state, etc. etc. There is also alternative service, if for some reason they can't serve you. If it is approved at least.

 

 

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3 minutes ago, alwayswinning36 said:

You are very rude and not much helpful to anybody.

Only morons like you think I am rude because I refuse to tell them what they want to hear.  You activated a two month old thread just to hear yourself talk.  No one is impressed but you.  You can hurl all the insults and threats you want but it doesn't affect me because you are not significant in my world and I have a life that doesn't revolve around your thoughts and opinions.  Feel free to try and give marching orders all you want but you have no power here:  be gone.

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5 minutes ago, alwayswinning36 said:

By the way, both lawsuits that were filed against me were non-suited by the attorney representing the plaintiff. And that law firm has zero intention of refiling.

Link the docket or you are simply spinning a bigger web of lies.  NO way in H*** I take your word for it.

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3 minutes ago, Clydesmom said:

Link the docket or you are simply spinning a bigger web of lies.  NO way in H*** I take your word for it.

I don't take your word for it. With your measly one won suit against a debt collector. Wow. Kudos to you. You're on your way to a law degree. OMG! I don't have jack didley sheeeesh to prove to you. Poor Clyde.

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52 minutes ago, Clydesmom said:

You REALLY need to learn how the SOL for lawsuits works in ALL states.  The SOL is tolled (STOPS) on the date the suit is FILED with the court.

@alwayswinning36 referenced MN.  In MN, the SOL is tolled when an action is commenced.  Commencement begins when a summons and complaint is properly served.  

From the MN Supreme Court’

Because Heitland was not served on or before August 1, 2014, the statute of limitations expired on Melillo's claim before proper service had occurredMelillo v. Heitland, 880 N.W.2d 862, 864 (Minn.2016).

Cited in an article from the MN Bar Association:

In order to properly commence a civil action and avoid having a statute of limitations period expire, service must be proper under Rule 3.01. See, e.g., Mellett v. Fairview Health Servs., 634 N.W.2d 421, 424 (Minn. 2001).

https://www.mnbar.org/docs/default-source/sections/2019-20-time's-up-manual.pdf?sfvrsn=10

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23 minutes ago, BV80 said:

@alwayswinning36 referenced MN.  In MN, the SOL is tolled when an action is commenced.  Commencement begins when a summons and complaint is properly served.  

From the MN Supreme Court’

Because Heitland was not served on or before August 1, 2014, the statute of limitations expired on Melillo's claim before proper service had occurredMelillo v. Heitland, 880 N.W.2d 862, 864 (Minn.2016).

Cited in an article from the MN Bar Association:

In order to properly commence a civil action and avoid having a statute of limitations period expire, service must be proper under Rule 3.01. See, e.g., Mellett v. Fairview Health Servs., 634 N.W.2d 421, 424 (Minn. 2001).

https://www.mnbar.org/docs/default-source/sections/2019-20-time's-up-manual.pdf?sfvrsn=10

Thank you, kind sir. So seems she doesn't know half as much as the thinks she does. Imagine that! Claiming its "the same in every state". In Texas, the SOL is "tolled" when the suit is filed regardless of how long it takes for the suit to be served. Imagine that.

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The SOL is tolled the minute you are served. Now, you might think that you can run out the SOL by evading service but the plaintiff has the option of filing in court and paying the fees which would also toll the SOL at that point too. Most don't do that however because the court fees in Minnesota are very high (I think over $300 to commence a civil court case now).

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6 hours ago, WhoCares1000 said:

The SOL is tolled the minute you are served. Now, you might think that you can run out the SOL by evading service but the plaintiff has the option of filing in court and paying the fees which would also toll the SOL at that point too. Most don't do that however because the court fees in Minnesota are very high (I think over $300 to commence a civil court case now).

Oh I get that. In Texas there is alternative service where they just leave it with someone at your residence, with the court approval of course.

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