Received phone call that they are suing me

[BsharpC]

I have not had any credit in probably about 10 years or longer. My husband who abandoned my kids and I ruined my credit many years ago, but I am not currently aware of any credit issue. I received a phone call out of the blue this week. I answered and she said that they are going to file in the county, sue me, garnish my wages, and put lien on property. They said the name of company was Household. Then someone left messages saying,  "contacting you from processing dept. Received order for 2 pending matters. I may be pursuing you at your employment or residence.  You have right to contact client to resolve, and left phone # and case #, but when you are located, you forfeit that right. It's possible debt may be valid. If so, it was probably around 10 years or longer ago. There is nothing on my credit reports. I am disabled and not employed. It may have been on there and fell off along time ago. I am scared. Do I call the number they gave me? I don't know what to do. Would appreciate help.

 

[BV80]

4 minutes ago, BsharpC said:

I have not had any credit in probably about 10 years or longer. My husband who abandoned my kids and I ruined my credit many years ago, but I am not currently aware of any credit issue. I received a phone call out of the blue this week. I answered and she said that they are going to file in the county, sue me, garnish my wages, and put lien on property. They said the name of company was Household. Then someone left messages saying,  "contacting you from processing dept. Received order for 2 pending matters. I may be pursuing you at your employment or residence.  You have right to contact client to resolve, and left phone # and case #, but when you are located, you forfeit that right. It's possible debt may be valid. If so, it was probably around 10 years or longer ago. There is nothing on my credit reports. I am disabled and not employed. It may have been on there and fell off along time ago. I am scared. Do I call the number they gave me? I don't know what to do. Would appreciate help.

 

It’s a scam to scare you into contacting them and paying an old debt. 

[nobk4me]

SCAM!

Do not call them back or respond to them in any way.

If your debts are over 10 years old, they are out of statute, too old for anyone to sue you.  (But they could still try, but you have an ironclad defense, and can sue them for violating consumer laws.)

Check your local court, most have online dockets you can search, if you think someone might be suing you.  But most likely this is a scam.

 

[BackFromTheDebt]

Probably a scam 

Some of the red flags:

They show a sense of urgency. 
The point of that is to put you in a state of fear and confusion.  That way you cannot think straight, and are more susceptible to their scam.  
 

I said probably because in some situations debt collectors will use these sort of hardball tactics for real debts.  Again, they want you scared, anxious and confused in order to get you to panic.  
 

You said there were no debts for the past 10 years.  If that is correct, either this is a scam of a fake debt or a scam of a zombie debt.  

[BsharpC]

So, no matter what they are out of statute? 

The person that was threatening me did have my social security number. What kind of court would I look under? 

[Clydesmom]

24 minutes ago, BsharpC said:

So, no matter what they are out of statute? 

The person that was threatening me did have my social security number. What kind of court would I look under? 

Magistrate Court.

It is a scam for certain.  The verbiage they are using is almost 100% identical to scam calls I have received.  They get just enough actual information on you like DOB, SS#, address to convince you they are real and scare you in to paying them.  DO NOT fall for it.

Worst case scenario if hypothetically they were real:  if they sued the debt is beyond the SOL for GA.  You have a gold plated defense.  Even if they did manage to win you are not collectable as it is illegal to garnish or levy disability funds.  Ignore them.  NOTHING will happen to you.

[iluv2write]

I agree with the other posters that this a scam. The people calling you are using scare tactics to trick you into paying them. You are not getting sued.

Can you be sued by a collection agency or creditor? Yes you sure can! However, a real debt collector is very likely not going to threaten you with wage garnishment and property liens on a voicemail.  If they did, you could sue them for breaking the law. 

A good way to tell if a caller is a scammer is to simply put their phone number in a search engine. A lot of times you will find other people have reported that the number belongs to a scammer.

Also, if the company does not have a website or one that is poorly done, this is a huge sign that you are dealing with a scammer. The large debt buyers that actually do sue people (Calvary SPV, Midland Credit Management - etc.) all have professionally designed websites.

I’ve answered some of these calls. I ask them questions like “Who is the attorney that’s suing me?” and “What court is the lawsuit being filed in?” Without fail, these questions cause the caller get flustered and not give me an answer or answer that know is false.

If I really want to mess with them, I’ll tell them “Sure I’ll pay! My credit card number is 4444-4444-4444-4444!”

[nobk4me]

They probably wouldn't ask for a credit card number, if they are scammers.  Those scum tend to ask for gift cards.  Which is a huge red flag, if someone asks you to pay anything with gift cards, that is certainly a scam.

[alwayswinning36]

Sounds like a scam. In some states even saying they are going to take you to court and all this other non-sense could land them in court and paying you money. I have had debt collector calls like for old debts. They are or have been 100% of the time scam calls. In Texas at least, a debt collector could not threaten to take you to court and not actually do just that without being sued by the consumer they threatened. I think it's actually a federal law, I would have to double check on it to be sure.

[BackFromTheDebt]

It is an FDCPA violation to threaten action which the collector does not intend to take. 
 

Threatening a law suit may be an FDCPA violation if no suit is filed.  There are exceptions. For example, pay up or we sue may not be a violation if the payment is made to prevent the suit. 
 

Threatening a suit is not a violation if a suit is filed. 

[HAMMERZIPPY]

On 1/16/2022 at 11:40 AM, BackFromTheDebt said:

It is an FDCPA violation to threaten action which the collector does not intend to take. 
 

Threatening a law suit may be an FDCPA violation if no suit is filed.  There are exceptions. For example, pay up or we sue may not be a violation if the payment is made to prevent the suit. 
 

Threatening a suit is not a violation if a suit is filed. 

SO they can threaten a law suit, its fine as long as they sue you?  it violates only with they fail to follow through only exception due to settlement?   really? I totally didn't know this. 

[BackFromTheDebt]

6 minutes ago, paigep77 said:

SO they can threaten a law suit, its fine as long as they sue you?  it violates only with they fail to follow through only exception due to settlement?   really? I totally didn't know this. 

The FDCPA says a debt collector may not

1. pursue an action which they are not legally permitted to pursue 

2. threaten to pursue an action they are not legally permitted to pursue

3. threaten an action they have no intention of pursuing. 
 

So, an idle threat to sue falls under #3.  
 

They can’t threaten to sue if they won’t sue. 
They can threaten to sue unless you pay up or settle. If you don’t, they had better sue. 
If you do pay up or settle, there is no violation. 

[Flyingifr]

Whether there is a FDCPA violation here or not is a side issue. The OP needs to understand some other concepts.

1: The OP in the original post stated that (s)he is unemployed and on Disability. Even if the debt is totally valid and totally enforceable (some States has a SOL longer than 10 years) the OP is also totally uncollectable as far as Unemployment and Disability income is concerned.

2: The OP doesn't state whether or not (s)he owns any real estate. If (s)he does, it would be wise for her to look into his/her States Homestead Exemption laws. Some States have incredibly large Homestead exemptions, and the homestead exemption represents equity that a judgment creditor cannot touch. If no real estate is owned, then there is nothing that a judgment would attach to.

[WhoCares1000]

3 hours ago, Flyingifr said:

Whether there is a FDCPA violation here or not is a side issue. The OP needs to understand some other concepts.

1: The OP in the original post stated that (s)he is unemployed and on Disability. Even if the debt is totally valid and totally enforceable (some States has a SOL longer than 10 years) the OP is also totally uncollectable as far as Unemployment and Disability income is concerned.

2: The OP doesn't state whether or not (s)he owns any real estate. If (s)he does, it would be wise for her to look into his/her States Homestead Exemption laws. Some States have incredibly large Homestead exemptions, and the homestead exemption represents equity that a judgment creditor cannot touch. If no real estate is owned, then there is nothing that a judgment would attach to.

It does not matter because these people have no intention to sue and cannot sue because the SOL for a debt in Georgia is a strict 6 years. This is a scam call and don't bother with FDCPA because they never give their name or address when requested and even if you do find them, they close up shop and open up under a new name before you even have a chance to sue them. They know they are acting in an illegal manner and do not care.

I have received calls like this for a 3rd party for 14 years, stopping last year when she passed away. I started having fun with them when they would ask for her with comments like "Still cannot reach her at this number." and things like that. I could have had PRA violate once but even if they did, the person they were looking for would have the cause of action, not myself.

The advice is the same, ignore the call and tell your family to ignore it too. They eventually go away when the figure out that you are not taking the bait.

[Flyingifr]

On 1/28/2022 at 10:24 AM, WhoCares1000 said:

It does not matter because these people have no intention to sue and cannot sue because the SOL for a debt in Georgia is a strict 6 years. This is a scam call and don't bother with FDCPA because they never give their name or address when requested and even if you do find them, they close up shop and open up under a new name before you even have a chance to sue them. They know they are acting in an illegal manner and do not care.

I have received calls like this for a 3rd party for 14 years, stopping last year when she passed away. I started having fun with them when they would ask for her with comments like "Still cannot reach her at this number." and things like that. I could have had PRA violate once but even if they did, the person they were looking for would have the cause of action, not myself.

The advice is the same, ignore the call and tell your family to ignore it too. They eventually go away when the figure out that you are not taking the bait.

SOL is a DEFENSE to a suit, it does not PREVENT a suit, and any suit that is not answered with denials and/or countersuits can turn into a default Judgment, even if SOL has passed.

[BackFromTheDebt]

4 hours ago, Flyingifr said:

SOL is a DEFENSE to a suit, it does not PREVENT a suit, and any suit that is not answered with denials and/or countersuits can turn into a default Judgment, even if SOL has passed.

This is key. 
 

However, suing out of SOL can be an FDCPA violation and may violate some state consumer laws as well.  That is reason enough that even some shady outfits won’t sue. 

[WhoCares1000]

5 hours ago, Flyingifr said:

SOL is a DEFENSE to a suit, it does not PREVENT a suit, and any suit that is not answered with denials and/or countersuits can turn into a default Judgment, even if SOL has passed.

The thing is though, these organizations are not filing a suit. They are threatening to file a suit and refusing to give out any information that identifies their organization. Even if you do find them, they are incorporated and will simply shut down the company and reopen the next day under a new name before you even get a chance to file suit. As a matter of fact, I doubt they stay in business under the same business name for more than a week. They are acting illegal and they know it because they know it will take a long time, if ever to catch them. If you read the Buffalo (New York) News regularly, you will know that the state is trying to go after the kingpins of these organizations and even if they happen to catch them and successfully prosecute them, they still delay any restitution and have even hid assets in trusts, corporations, and other family members. Any default judgement against these places is worth less then outhouse paper.

That is why I say again, simply ignore the calls (unless you want to have some fun with them) and tell your family to ignore the calls. Let the government try to deal with these people the best they can.

https://ag.ny.gov/press-release/2021/attorney-general-james-shuts-down-illegal-debt-collection-businesses-recovers-12

https://www.post-journal.com/news/local-news/2020/02/buffalo-based-debt-collector-banned-from-the-industry/

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjq0J2xzPD1AhUSkIkEHX-pC2sQFnoECAoQAQ&url=https%3A%2F%2Fbuffalonews.com%2Fnews%2Flocal%2Fclarence-debt-collector-who-owes-60m-told-to-show-finances-or-expect-to-be-jailed%2Farticle_ebf0e09a-5f50-11ec-b3bc-5f5d955f766e.html&usg=AOvVaw1XJyJKkV2jDyIXeUHIZbHN

 

[Flyingifr]

On 2/8/2022 at 9:33 AM, BackFromTheDebt said:

This is key. 
 

However, suing out of SOL can be an FDCPA violation and may violate some state consumer laws as well.  That is reason enough that even some shady outfits won’t sue. 

Even THREATENING to sue an OOS debt is a FDCPA violation. A Debt Collector doesn't have to DO it to violate, just THREATEN it, and remember the Least Sophisticated Consumer Standard that underlies FDCPA - if the Vilage Idiot would think "they are going to sue me" and the debt is OOS, then there is a FDCPA violation.

[BV80]

Just a reminder that no matter how many violations basement-dwelling scam callers commit, more than likely, they cannot be located in order to file suit against them.  Filing suit against an entity that is not a legitimate business and cannot be located is a waste of time and money.

[Thisisntfun]

Something else to consider...I have received these types of calls in the past and the person(s) on the other end were very threatening and abusive even though I knew I didn't owe the debt they were claiming. I would block that number and they would call back with a different number (all from the Bahamas). I finally got sick of it and reported all their numbers to the FBI for investigation. They have an online form you can fill out. I never got any more calls after that.

[BackFromTheDebt]

2 hours ago, Thisisntfun said:

Something else to consider...I have received these types of calls in the past and the person(s) on the other end were very threatening and abusive even though I knew I didn't owe the debt they were claiming. I would block that number and they would call back with a different number (all from the Bahamas). I finally got sick of it and reported all their numbers to the FBI for investigation. They have an online form you can fill out. I never got any more calls after that.

At some point they realize you aren’t a good mark. Sometimes when I talk to scammers they hang up as soon as they realize I am on to them. 
 

It is not clear that an FBI report helps.  I al glad if it helped this time, at least to get them to leave you alone. I filled out a scam report one time for a SS # scam.  They eventually tried again.  They had someone with a thick south Asian accent claiming to be an FBI agent. At one point he offered to give me his badge number.  I asked him to give me his badge number and a return phone number so I could check on him and then call back if legit.  He hung up immediately.  

[Clydesmom]

3 hours ago, Thisisntfun said:

Something else to consider...I have received these types of calls in the past and the person(s) on the other end were very threatening and abusive even though I knew I didn't owe the debt they were claiming. I would block that number and they would call back with a different number (all from the Bahamas). I finally got sick of it and reported all their numbers to the FBI for investigation. They have an online form you can fill out. I never got any more calls after that.

Always and option but even the FBI isn't going after them.  If you speak to a couple of consumer attorneys they will tell you they don't take the cases even though it is a clear cut violation because you are chasing a phantom.  As @BV80 said they probably are not even in the USA, they are criminals, and even if you did catch up to them they will close up "shop" get new burner cell phones and mail drop boxes and start over.  

1 hour ago, BackFromTheDebt said:

At some point they realize you aren’t a good mark. Sometimes when I talk to scammers they hang up as soon as they realize I am on to them. 

THIS ^^^^^.  If you stop answering the calls or returning them they give up and move on to someone else.  They are after the easy mark.  If you were to pay your name goes on their sucker list which they hand off to another scammer who will wait a few months and do it again.  You want your name to be on their "waste of time" list.  For those of us who are not spookable we enjoy toying with them but even that gets old after a while.  I used to get these calls all the time and had great fun yanking their chain in conversations.  Eventually it took up time and I just stopped answering.  They have all but stopped.  Maybe one a year now.

What you can do is ignore the criminals & posters who rabidly insist you sue anyone and everyone.  That particular poster has a "past" on these type of suits and not in the vaunted way he sees it.  He would sue his own mother if he thought he could make a dime.  For legitimate concerns run the situation by a solid consumer attorney or 2/3.  If they won't take the case then the odds are high it is a scam and waste of time and money.

[WhoCares1000]

5 hours ago, Thisisntfun said:

Something else to consider...I have received these types of calls in the past and the person(s) on the other end were very threatening and abusive even though I knew I didn't owe the debt they were claiming. I would block that number and they would call back with a different number (all from the Bahamas). I finally got sick of it and reported all their numbers to the FBI for investigation. They have an online form you can fill out. I never got any more calls after that.

As I posted above, the only government agency even trying to stop some of these is the NY AG and they can only deal with organizations based in New York (usually Western New York). Even when they happen to get a conviction that includes restitution, the criminals are obfuscating and using every financial and court trick available to avoid paying out. It is a waste of time to even consider suing them. Complaints maybe but even those get old.

As for the ones in India and that part of the world, learn a few Hindi curse words. At least you can have fun then.

[Flyingifr]

On 2/15/2022 at 11:16 AM, Clydesmom said:

Always and option but even the FBI isn't going after them.  If you speak to a couple of consumer attorneys they will tell you they don't take the cases even though it is a clear cut violation because you are chasing a phantom.  As @BV80 said they probably are not even in the USA, they are criminals, and even if you did catch up to them they will close up "shop" get new burner cell phones and mail drop boxes and start over.  

THIS ^^^^^.  If you stop answering the calls or returning them they give up and move on to someone else.  They are after the easy mark.  If you were to pay your name goes on their sucker list which they hand off to another scammer who will wait a few months and do it again.  You want your name to be on their "waste of time" list.  For those of us who are not spookable we enjoy toying with them but even that gets old after a while.  I used to get these calls all the time and had great fun yanking their chain in conversations.  Eventually it took up time and I just stopped answering.  They have all but stopped.  Maybe one a year now.

What you can do is ignore the criminals & posters who rabidly insist you sue anyone and everyone.  That particular poster has a "past" on these type of suits and not in the vaunted way he sees it.  He would sue his own mother if he thought he could make a dime.  For legitimate concerns run the situation by a solid consumer attorney or 2/3.  If they won't take the case then the odds are high it is a scam and waste of time and money.

I play along with them, acting like the village idiot. I find it amazing that they call you asking if you are your real name and then ask you your name a couple of minutes later - this is they key to knowing it is all a  scam, so I give them a phony name, phony address, phony everything, and act like the village idiot, asking for a repeat of everything they say, constantly interrupting them so they have to go back to the beginning of the script and generally being a real pain in the butt for them. I look at it this way - the longer I can keep them on the phone with me where they have absolutely NO chance of getting any money, the less time they have to spend with someone stupid enough to fall for their spiel.