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Exploring the Debt Collection Industry 
hi Impishredhead….another adendum…you recommended sending the validation letter to both the attorney and CSGA, LLC. Nowhere on the civil action paperwork is their address, phone etc. The final page is a “verified Statement of Account”. It’s listed at the top as “State of New Jersey County of Bergen”, and says “I, Jeremy Hanauer, being duly sworn says: I am an authorized agent for CSGA,LLC, as assignee of citibank or any other assignee that may have or have had interest in MY Account or any interest in any obligation relating to such account” “I have competent knowledge of the matters set forth in this affidavit and have access to the records pertaining to said account” “the original creditor was Citibank” “The account was sold and transferred to CSGA, LLC on or about 10/16/2007” “this account was issured by the original creditor, citibank. CSGA, LLC is the current owner of the account and purchased the account for good and valuable consideration” “As of the date hereof, the just and true balance due and owing to plantiff by defendant for said account is $13,314.31, less credit for all payments, together with interest and other applicable costs as allowed by law”.
Since there is no way to contact them with this paperwork, what should I do? Call their attorney and ask for their mailing address? Should I even bother sending them a verification letter?….so many questions…
Comment by panicked in sc — February 28, 2008 @ 11:58 pm
I applied to get my credit ceiling raised and the company turned me down, bringing up a bankruptcy that occurred 11 years ago. Apparently, they feel that they are able to go back to this bamkruptcy beyond the normal limitation of 10 years because they were one of the creditors directly involved in the bankruptcy. Can they do that?
Comment by Bob Caffone — March 3, 2008 @ 8:05 pm
I have past debts that have gone to collections and some even to Law Firms that are trying to collect. Can anyone tell me if the 6% interest rate that applies to SCRA laws concerning Military Active Duty and spouses would apply to debts that are that far behind if everything else in the law applies?
Comment by Kelly — March 4, 2008 @ 3:23 pm
I took your advice and ordered my credit report and compared it to one from 6 months ago. The original creditor is not on my report and when I called to dispute CSGA,LLC (listed under collection agency information, and not in the main body of the recent credit file), Equifax told me they verify the debt thru CSGA. Also, when comparing the 2 reports, CSGA has the original amount of the debt $1 more than the original creditor and has a lower balance amount than original creditor. My limit was $10,500 (which was not gone over) and the balance amount (according to OC) is $14,396 from the 6mth old credit file. Currently, CSGA has amount owing of $13,314. Is it standard practice of the CRA to remove the original creditor and list the CA instead?
Comment by panicked in sc — March 6, 2008 @ 9:18 am
Has anyone heard of “CAPITAL ONE – T”?
I received a letter from Nelson, Watson & Associates, LLC, stating my account has been referred to them, by CAPITAL ONE-T for collection. The original creditor is Capital One (credit card). I am guessing this “current creditor” (alleged) is trying to give the impression it is an entity of Capital One Bank. An amusing aspect of this, however, is that I have received other letters from other “current creditors” between the time my account defaulted and the time I received the letter from “Capital One-T”. (One of those “current creditors” being NCO Financial Systems, billed on BugHibbs.com as “America’s Worst”, if I recall correctly…or was that “dumbest”… Oh well…)
Caital One-T — hear of it?
Thanks!
Comment by Clar — March 12, 2008 @ 2:28 pm
I have another question…
I received a summons (to appear for a pretrial hearing) on another debt (from the one mentioned above), stating the plaintiffs are North Star Capital Acquisistions AND Shell/Citibank. In a letter from North Star (prior to being served), the “original creditor” is shown as Shell-Citibank; the “current creditor” is shown as North Star Capital Acquisitions. Doesn’t (the terms) “original” and “current” state, in effect, they are not co-creditor of the debt? If that is true, I wonder how North Star’s lawyers can put Shell on the Complaint as a c-plaintiff. I see it as a pressure tactic…. (they wanted me to “fold” and call the number they included to “settle” before the hearing).
Co-plaintiffs? Pressure tactic?
Thanks. š
Comment by Clar — March 12, 2008 @ 3:35 pm
Does anyone know when the Statute of Limitations first starts to tick in Texas. On my credit report i show that LVNV reported that the “date of first delinquency as of 12/2003” I am currently being sued by LVNV and was wondering if it was legal to claim the SOL for this.
Comment by guest — March 12, 2008 @ 3:56 pm
I have a letter from a collection agency, Howard Lee Schiff, in response to a letter I sent them, explaining that I was going to sue because they were in violation of the FDCPA. Their reply states that it was not intentional, but a clerical error that caused the violation.
They continue, “Notwithstanding, we are willing to pay you the statutory fine of $1,000 to avoid any further disputes regarding this matter. If you are willing to accept this, you will be asked to sign a General Release in favor of our firm and our client releasing any further claims relating to this matter. You will have to acknowledge that this settlement has nothing to do with the ***** Bank’s claim against you based upon your ******* account or the Arbitration Award of October, 26, 2006. That claim is a separate matter from the claim you asserted in your letter of February 22, 2008.”
I would love to take them up on their offer, but am concerned about giving up something that might be important in the future. Iām not a lawyer, so Iām hoping someone here would know what some of the possible ramifications of accepting this offer would be. Thank you!!
Comment by Sandy — March 14, 2008 @ 8:40 am
File a suit against them and allow the court to award you the 1000.00
Comment by John C — March 14, 2008 @ 11:55 am
Sandy, I am not a lawyer either, but I’m guessing you might have regrets later if you take them up on their offer. I settled a claim, a few years ago, under extreme duress, and, to this day, I wish circumstances had been different (that I wasn’t so desperate for “living expenses”). Doesn’t the offer sound too binding for the quick cash? (Kinda like “too good to be true”?) I agree with John C — sue them… Let’s face it, if you settle for a thousand dollars, you might be opening the door for them to continue to take many thousands from others the same way, and make “pay-offs” if any of their victims get heated. If you have a solid case, sue!!!!!!!! I pray everything works in your favor. Wishing you a lot of luck!! š
Comment by Clar — March 14, 2008 @ 1:34 pm
Thank you both, Clar and John C, for taking the time to respond. Your advice falls right in line with what I was thinking and what several others have said. Thank you!
Comment by Sandy — March 15, 2008 @ 2:38 pm
maybe you can tell me a bit about Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, CHTD or simply Kravitz, Schnitzer & Sloane, Cht’d (which is what it says on my summons)…
i just recieved a summons to go to court from them for a credit card account i had almost 5 years ago…stating i owe well over my credit limit that i had to begin with. i havent recieved anything prior to this summons…came to this website by a link from another watchdog collection group that had their name on it…any info would be appreciated:)
Comment by mel — March 18, 2008 @ 9:20 pm
ps…amusingly enough…the original account i actually did have was through capital one…this “attorney” now says i owe over $800 plus over five in interest…whatever…
Comment by mel — March 18, 2008 @ 10:11 pm
I’m new at this (being sued for old debts), but I’ll share what I know. I AM NOT A LAWYER; I can not and AM NOT giving legal advice.
First of all, “Kravitz, Schnitzer, Sloane, Johnson & Eberhardy” is listed on a couple websites as “Agencies to Avoid” or “America’s Worst” — this being one: http: //www.thecreditguru.com/referral.htm This site says its list comes from Bud Hibbs, but Kravitz, Schnitzer, Sloane, Johnson & Eberhardy is not on Bud’s (cuurent) List. (I don’t know why… Once a snake always a snake, I say.) At BudHibbs .com, click on “Agencies to Avoid”.
READ ALL YOU CAN at Bud Hibbs’ site and others [click on some of Bud’s Links; do a Net search]. There’s a wealth of knowledge at these sites, including your rights. GO TO THE HEARING!!!!!!!!! If you do not, a default judgment may be made against you — then, you will have to pay the debt to the snakes who are suing you. The snakes suing you are “junk debt buyers” and/or snake lawyers representing the Junk debt buyers. They are hoping you do not show up in court so they can get that default judgment.
IS THERE A COPY OF THE CONTRACT YOU HAD WITH CAPITAL ONE ATTACHED TO THE SUMMONS??? And, is there a contract attached that states Capital One sold their interest in your account to this collection agency? These things must be attached. The plaintiffs must prove they own the debt.
AS YOU WILL READ AT BUD HIBBS’ SITE, and others like it, the chances the attorneys/collectors can prove they own the debt in nil or almost nil. GET FREE LEGAL ADVICE on how to proceed. Bud Hibbs’ recommends www. naca.NET to find lawyers in your area. Also, check your phone book for legal aid; call family services/social services in your area and ask how you might find legal assistance.
FIND OUT THE “SOL” (Statute of Limitations) IN YOUR STATE (on debts). I don’t have a site handy, but the info is out there (search).
THE INTEREST: Capital One added interest and late fees (most likely) from the time you stopped paying until the “charged off” the account from their books. I’m guessing the collection agency is adding interest now too.
BUD HIBBS’ Site is a really good place to start to learn what snakes these guys are.
Good luck to you.
Clar
Comment by Clar — March 19, 2008 @ 1:40 pm
A “P.S” to Mel —
My comment above didn’t post the first two times I tried… I thought it was because I had URLs in there… so, I put spaces in to try & get them through the system. Take out the spaces to get to the sites.
The Date of Last Activity (DOLA or DLA) is listed on your Credit Report. Get a free copy of your report through a site like Experian.com. Print it out so you have it.
The SOL starts on the date of you made you last payment (DOLA).
In my similar situation, I filed a Motion to Dismiss on the grounds the plaintiffs did not prove they own the debt (no contracts attached)… [[A lawyer (legal aid) can give you the statute number/section or you can find it yourself in your states laws.]] My “pretrial” hearing was turned into a Hearing on my Motion to Dismiss and rescheduled at a later date. (I have yet to attend.) My “legal aid” told me to admit nothing — that when the judge asks if the debt is mine (in whatever words), say “there’s no proof these guys own a debt I owe!! Who are they?!!” The chances are that if the plaintiffs could PROVE they own the debt, they would have attached copies to the summons.
BUT, again, I’m not a lawyer… Bud Hibbs’ site and othe Protection sites were very comforting, to teach that these junk debt buyers & their attorneys are scammers.
Again, good luck to you.
Comment by Clar — March 19, 2008 @ 2:03 pm
Linebarger Goggan Blair& Sampson sued me stating they were Capital One. I denied the alleged claim because there was not a contract. The facts were brought to the attention of the judge and he still granted a judgment to Capital One but I remember the alleged attorney stating they bought the debt from Capital One and the items that I requested had not made it. However, the judge told the alleged attorney to still get me the items I requested but the judge still judged in favor of the plantiff that did not sustain any burden of proof. Is this a legitimate case?
Comment by Tree — March 20, 2008 @ 12:09 am
Great site here; I have learned much. I had two judgments entered against me in August 1997. I filed bankruptcy soon after receiving summons on one account and that judgment is listed on the court website as “Closed-Bankruptcy”. The second judgment is listed as “Closed” with no notation of bankruptcy being shown. Neither creditor has tried to collect on these judgments as both accounts were included in my bankruptcy filing.
Can these come back to haunt me in the future? They judgments are over 10 years old now and in WI I believe a judgment is only good for 10 years. However, I am wondering if a CA might actually be able to use these judgments at any time to get money from my bank accounts. My income is from SSDI and thus exempt, but my main concern now is with the judgment showing no notation of closure due to bankruptcy in 1997. Should I contact the court and ask them to put the bankruptcy notation on that second judgment? I do not have the bankruptcy discharge paper any longer as I lost everything in a fire in 1999, including all my documents. Is it recommended I do anything at this point, or am I worrying over nothing?
Comment by Barbara — March 20, 2008 @ 12:36 am
I’m back…..Just received a letter from D. Michael Dendy and a photo copy of a partial “Pre-Approved Reply Form” with some of my information and signature for a Visa Platinum card and balance transfer request as Dendy’s validation. No where does it state what bank this is from even in the fine print that is shown. In the validation letter I sent back in Jan, I requested complete pmt history and all copies of any papers showing I agreed to pay anything to CACH,LLC.
Question, does this lack of a copy of a partial application varify this debt? It has no bank or just information on it. And, how should I responed to this now? I was thinking of saying “You have failed to provide me with competent evidence that I owe CACH,LLC this debt.” Should I list the request again?
Thanks guys and gals. Ive been researching this for days. Sometimes it’s just better to ask.
Sheryl (sorry for misspelled words and gramer, etc.)
Comment by Sheryl — March 20, 2008 @ 2:05 pm
thank you for your replies clar:) i have been researching this and have looked at most of which you were talking about. the last time i used that card (i thought it was paid off by the way) was sept 2003. this summons is the first ive heard of anything…i also looked into sol for my state and on open accounts it is 4 years. so we’ll see what happens. i was told by my court secretary friend to call them and make them send me other info related to this since it wasnt in the summons and if they cant then ill file my response and they will lose. thanks again, ill be back in to let ya know:)
Comment by mel — March 21, 2008 @ 6:12 pm
A while back, my wife went through a bad divorce that ruined her credit. We have been working on fixing it for a few years now. There was one debt in collections with Asset Acceptance that we ignored because the statute of limitations was up. She just got notice that she lost in national arbitration forum (UPS delivered notice wrongly to her brother across town and we didn’t know it) and she was served papers giving a court date. What should we do now? How legally binding is arbitration, since the SOL is up? Should we contact (in writing with proof of expired SOL) Asset Acceptance or their listed attorney or should we speak with an attorney and just wait for the court date.
Comment by KyleNA — March 24, 2008 @ 3:38 pm
KyleNA —
Look at this page of Bud Hibbs site, about Asset Acceptance and then get ahold of Bud:
http://www.budhibbs.com/debtcollectorpages/asset_acceptance_corp.htm
He may suggest you go to http://www.NACA.NET to find a lawyer in your area… I believe their services are free. If there is not an NACA lawyer in your area, look in your phonebook, call social services, even the attorney general to find free Legal Aid. Having legal services has been a huge comfort to me in the same (credit) situation.
Anyway, read the link above…
Also, snoop around Bud’s site [www.budHibbs.com] and his blogs, because I feel certain I’ve seen blogs/articles he has written about arbitration — phony (sham) ones.
I’m so sorry you are going through this. Laws should prevent “charged off” accounts from being sold to anyone — especially these bottom-feeding snakes.
Good luck to you.
P.S. I am not a lawyer. (Just a leagle note.)
Comment by Clar — March 24, 2008 @ 8:48 pm
What jurisdiction is a debt under if it was incurred in one state and the debtor now lives in another? For example: A store credit card was issued in and all charges were made in New Mexico. Now the debtor lives in Missouri which SOL applies?
Comment by James — March 27, 2008 @ 11:19 pm
My now 92 year old mother has severe alzhiemers and is in a nursing home, but was with me for a short time and this address and phone number are her last known. Unfortunately we did not know how severe her dementia was and she ran up large bills at Kohl’s Department Store and Sear’s. At this point she has no money, all funds have already been used for her care, she keeps something like $24 a month from social security and has a burial trust in an amount allowed by Social Services. That’s it. She is on medicaid which is where the amount not covered by her social security pays for her nursing home care.
I made the mistake of trying to take on these debts, but because of health problems of my own, I am not able to do so.
Harassing calls keep coming from rude people, starting w/collection agencies, then ‘attorneys’. It has even been threatened that they could and would sue her and the nursing home would have to give back her money paid to them, she would be removed from the home for non payment, plus owe the back money to the nursing home, as well as lose her burial trust money, which was set up according to Social Services.
She no longer has any money for a power of attorney to deal with. It’s all gone. I might add that she and my father were the most honorable, honest and upstanding. It would surprise me very much if they ever had a missed payment while still well. My dad passed away 2.5 years ago, so it’s just my mom left.
How can I make these people understand that there just is NO money? Can they go back and get money paid to the nursing home or from her burial trust?
Comment by Nancy Zadrazil — March 30, 2008 @ 8:58 pm
I am not a lawyer, but it sounds like (based on what you’ve said) these “collectors” are breaking some laws. My advice is to study this site – http://www.BudHibbs.com — and the links it recommends. Learn about your rights and what you can do to stop the harassment. As the site suggests, (also) check out http://www.naca.NET for consumer protection advice AND to find legal service [free, I believe] in your area. If there is no NACA lawyer in your area, call social services, other state agencies, and/or the state attorney general’s office to find out how/where to get legal help (free).
It sounds to me like these “collectors” are “junk debt buyers”, who purchased old debts (of your Mom’s) for pennies on the dollar. They earn their “pay” by harassing debtors for the unpaid balances.
At the above sites, you can learn how to compose a “Cease & Desist” (C&D) letter to send these collectors, after which they MUST stop contacting you.
At the top of any BudHibbs.com page, click on “Agencies to Avoid” to see if these collectors are listed — just out of curiosity, if nothing else. Click on their name(s) to learn more about them specifically. Believe me, these sites can give you a world of confidence that you don’t have to deal with these THUGS.
Good information to know is the Statute of Limitations on Debts in your state. You can find that out here: http://www.budhibbs.com/statute_of_limitations.htm
This is a Sneak Preview of what you will find at BudHibbs.com & other Consumer Protection sources:
“Under Provisions of Federal Law, The Fair Debt Collection Practices Act
“It is Illegal for Debt Collectors to:
“Imply that failure to pay the debt could result in arrest, imprisonment, or garnishment of wages;
“Call consumers at work when they knew the consumers’ employers prohibited such calls;
“Talk with third parties, including neighbors, children, and employers, for purposes other than acquiring location information about consumers, without consumers’ consent;
“Cause the telephone to ring, or engage a person in telephone conversations, repeatedly or continuously, with the intent to annoy, abuse, or harass a consumer;
“Threaten to take action — such as filing a lawsuit — when they did not intend to do so;
“Call consumers at times or places that they knew or should have known were inconvenient;
“Fail to notify consumers of their right to dispute and obtain verification of their debts, and to obtain the name of the original creditor
“Continue to try to collect debts after consumers disputed them in writing, and before verifying the debts.
“Use obscene or profane language”
AGAIN, I AM NOT A LAWYER, but I don’t think you have to worry about these “collectors” getting your Mom’s social security benefits or burial funds. Get info at the sites above, so you can make more informed choices.
Best of luck to you. I feel confident everything will go well for you.
Clar
š
Comment by Clar — March 31, 2008 @ 11:59 pm
(Oops!!) In case it’s not obvious, comment #875 is for you, Nancy Z. š
Comment by Clar — April 1, 2008 @ 12:04 am
Last month i agreed to a check by phone payment to Cambece law in the amount of 800.00. 25 days later they drew up a bogus check in the amount of 2000.00 and cleared out my account. what can i do, Im in such financial trouble now. I never authorized them to do this.
Comment by Carol — April 1, 2008 @ 7:29 pm
Carol, your best option is to go to http://www.naca.net and try to find a local attorney to help with that one. Lacking an attorney, you will have one heckuva fight on your hands. You could file complaints with the bank for the unauthorized withdrawal from your account, file police reports for theft, file complaints with your state Attorney General’s office and the AG’s office where Cambece is located (Massachusetts, last I heard). And file complaints with the FTC and the controlling State Bar. If you raise enough of a storm maybe it’ll work. But you’ll be better off if you get an attorney and sue these jerks.
Comment by impishredhead — April 2, 2008 @ 10:58 am
Carol, I agree with Impishredhead. If NACA does not have an attorney in your area, call state social service organizations and ask the Attoney General’s office where you can get free legal help/advice.
Comment by Clar — April 2, 2008 @ 1:24 pm
Carol
Read this page: http://www.budhibbs.com/debtcollectorpages/cambece_james_a.htm
Please note it asks anyone willing to talk to the media, about Cambrese, to E-mail!!
There’s a lot of interesting reading on Bud Hibbs main site ( http://www.budHibbs.com ). You’ll learn a lot about Thugs like Cambrese. Hibbs offers several very good links with more information. Knowledge is a powerful thing!! Read!! Good luck to you. š
Comment by Clar — April 2, 2008 @ 1:38 pm
I have an old Chase account that was written off in 2007. The last payment I made to them was 4/06.
Chase sold the account to Mann Bracken and some collectors in Louisiana are trying to collect the debt.
On Feb. 12, 2008, they told me they would settle the account for $8900. When I spoke to them today, they told me the settlement amount went up to over $12,000 due to penalties and interest.
I feel like the penalties and interest of $3000 is excessive. I am trying to clear this debt up so I can improve my credit rating.
Does anyone have any advice on trying to proceed with a settlement or should I just do something else? I live in MS and my SOL is 3 years so I have one more year to go.
Comment by Shana — April 4, 2008 @ 1:28 pm
Hi, Shana,
Mann Bracken is on Consumer Protection Agencies Lists of “Agencies to Avoid”. Please go to this site, find “Mann Bracken” [under “M”, not “B”] in the list, click on it and read about him/them: http://www.budhibbs.com/coll_to_avoid_list.htm
[Just for fun, read about other “collectors” in the List to understand better what you are dealing with. It’s fascinating reading!!]
Did you ask Bracken to validate the debt (show they know anything about it debt other than a total amount) AND for documents to prove Chase did, indeed, sell your account to him/them? He/they MUST prove it! I am NOT a lawyer, but uou owed money to Chase — that’s who you made the agreement with — and Chase wrote it off thier books. Now, “Thugs ‘R’ Us” claim they own it and have the right to collect. They bought the account for pennies on the dollar, with, probably, no documentation (personal info about you & the account) to back it up, and are adding OUTRAGEOUS interest to improve THEIR profits.
Do some reading at Bud Hibb’s site and other links/sites he recommends. Bud suggests http://www.naca.NET for finding free legal aid. You might want to consider that. (If there is no NACA lawyer available in your area, call state social service agencies and the state attorney general and ask where you might get free legal service.) There are free services out there — (but) make sure recommendations come from reliable sources.
As for wanting to improve your credit rating, look at these sites (above) for info on how to do that.
: )
Clar
Comment by Clar — April 5, 2008 @ 5:09 pm
Oh, yes, SHANA,
After you read the info about Mann Bracken (in “Agencies to Avoid”), be sure to click on “Read Consumer Comments” (button) to read what other people are saying about Bracken.
Main Site for “Bud”: http://www.BudHibbs.com
: )
Comment by Clar — April 5, 2008 @ 5:17 pm
Need help!!! I am seeking any advice, guidance and any other necessary procedures that relates to my dilemma. I just went through a long, hard and still taxing divorce. Do to my spouse evading his financial responsibility. There has been a abstract judgment filed against ex-spouse while he live in jointly own home making no mortgage payments. When I obtained control over property and them had him quick claim total ownership to me, upon trying to refinance the property I learn from the title company that there was a state tax lien on property, and an abstract of judgment from a collections agency that obtained the loan from the car lender. I am not knowledgeable with any of the various procedures and
all the aspects of the legal and civil issues I have been dealing and the pending ones that still need to be addressed and completed. The default loan have been with several collection agencies. Currently, an attorney is seeking the debt. I first learned about this when I received a phone call at work and was told several threaten things; a sheriff was his way to my job with papers, my wages were going to be garnished, my employer was going to be called because I stated that if that is what suppose to happen then let it happened. I was so scared. I continued to get calls until I had the number blocked. I sent an formal letter seeking to arrange a lower pay off, never received a written response. But am confused about the judgment, which the amount is $18,000 plus, and the amount with the lawyer is $12,000. I called last week to see if they would reduce the debt amount, $10,000 was the offer. I asked why did they file a judgment against my ex-spouse and also seeking for me to pay? She stated that there had not been judgment filed by the owner of the loan. I am trying to understand what’s going on learn how to handle this issue or who to contact for assistance, along with how can I have these liens removed? I am not able to pay another lawyer. I still owe the one that did the divorce. Well, am will keep seeking and am going to start getting out and knocking on some doors.
Comment by Star — April 6, 2008 @ 4:31 pm
Hi Star,
I am not a lawyer. Look for a lawyer at this site: http://www.naca.NET
They are FREE, as I understand it. If there is not a NACA lawyer in your area, call state and local social service (government) offices and ask how/where you might obtain free or low cost legal assistance. Be sure the advice you receive comes from a reliable source [like a government office]. You can also ask the state attorney’s office. These agencies & offices should be listed under your state, county, and city governments in your Phonebook. There might be information, as well, on your governments’ websites.
You did not mention the collection agency(ies) OR attorney’s names, but you should go to this site: http://www.BudHibbs.com
Click on the “Agencies to Avoid” button at the top. See if the agencies and attorney are listed. If so, read what “Bud says” about them and read what other consumers have said [click “Read Consumer’s Comments” button if they are not already displayed].
Again, I am not a lawyer, but it sounds like the attorney and/or collection agencies are breaking some laws by making threats. At Bud Hibbs’ main page, click on “Your education starts here”. Read what collectors (attorneys or agencies) can & CANNOT do. You have rights and they CANNOT harass and threaten you!! (IT’S AGAINST THE LAW!!!!) Keep notes when any of them call (date, time, statements made, etc.) just for records. It may be helpful at some point.
I must stress that you should seek an attorney because your situation involves property, as well as an “alleged” abstract of judgment & tax lien; PLUS a divorce is involved (and who owns or owned what WHEN may be important). It complicates things, so, PLEASE, seek legal assistance.
Based on things you’ve said, it sounds like one or more of your debts were purchased by “junk debt buyers” from original creditors or from other “junk debt buyers”. (They buy old debts for pennies on the dollar and then use any method they can to collect the full amount plus fees & interest OR settle for a lower amount if fees and interest have stacked sufficiently…. There are a lot of scenarios, but they only paid pennies, so if they get ANY money, it’s a huge profit!!)
Ask the attorney and collection agencies to “validate” the debt (prove there is a debt and that they own it). Learn what to ask for at BudHibbs.com & NACA.Net. You will also find examples of “Cease Communications Letters” (to stop creditors from communicating with you) at these sites. Learn how & when to use them, as well.
You will learn, too, at these site, that these collectors can RARELY prove they own anything!! THEY MUST PROVE IT, BY LAW! If they don’t, you don’t have to pay them a dime!!!!
You were threatened with “papers” — If you are served with a summons to appear in court, again, get leagl advice, but ABOVE ALL, SHOW UP IN COURT!! The papers are not only legal “process of service”, they are also scare tactic. The collectors don’t want you to show up in court (hoping you will be too afraid to)… But, if you don’t, they will get an automatic judgment against you, and then, you will HAVE TO pay! to them!
Read all you can at Bud’s site and the sites he suggests. It’s a GREAT education. Too, read other comments above (this page). You might find similar situations, helpful suggestions, other websites. I hope, at the point, you’ll feel empowered to stand up to these THUGS!
Clar
Comment by Clar — April 6, 2008 @ 8:59 pm
Thanks Clar,
I never got served on seen any papers to appear in court, just an oral threat over telephone on they first contact with me. I really can not speak concerning if my spouse received papers. He hardly opened any mail or related any form of business matters with me. Thanks again I will visit the site.
Comment by Star — April 6, 2008 @ 10:54 pm
hey all: this is where I started my fight and with the help of impishredhead, I have gone very far in a short time. She directed me and I ended up stumbling into “credit info center”. It has been AWESOME! As it stands right now…….I might actually have a chance in court! http://creditinfocenter.com
go to “forums” and choose “legal forums” or “debt collection” forums and YOU WILL BE HELPED BY SOMEONE. I know nobody online is ever a lawyer and any direction they give cannot be construed as legal advice, but the direction they can get you to is fantastic. Some things to remember that I have found out…..
#1. file your “answer” right away. Every state has their own website where you can download a court form-print and fill it out. As an example here’s SC’s for examples… http://www.sccourts.org/forms/index.cfm. #2 Most counties require you to file any motions (eg. Motion to Dismiss with Prejudice, Motion to Compel Discovery, Motion for Continuance) at least 10 days before your court date. This is really important! Also, if you’re going to file a “Motion to Dismiss” ALWAYS file it with the title “Motion to Dismiss With Prejudice”……this means if you get it dismissed, they can’t come back for another try. For mine it said…..”You will please take notice that defendant moves the court as follows: 1. To dismiss the action with prejudice because the complaint fails to state facts sufficient to constitute a cause of action pursuant to Rule 12(b)(6), South Carolina Rules of Civil Procedure.”
#3 credit info center has example letters that you need to send out….for example, debt validation, request for evidence, counterclaims, etc.
#4 Read up on your state’s “rules of civil procedure”. Print it out
#5 Read up on your state’s “rules of evidence”. Print it out. It WILL help, for instance, I found out that the Plaintiff MUST present original contracts or copies of original contracts/billing statements etc from the original creditor, to be admissable as evidence. Chances of them having any of this???//slim to none
#6 If you receive a summons and there is an affidavit attached to it, there better be something from the original creditor as well. Is there a copy of the contract you had with Original Creditor attached to the summons? And, is there a contract attached that states OC sold their interest in your account to this collection agency? These things must be attached. If they aren’t, you can have the affidavit thrown out as “heresay”.
#7 Read up on the Federal Rules of Civil Procedure too. Because, if your state doesn’t cover a topic, they refer back to the Fed’s RCP for rulings.
#8 Not every clerk of the court is an ogre. Some are quite helpful…..be nice, it’ll usually get you some unexpected help
#9 Print out the Fair Debt Collection Practices Act…..it’s only 23 pages, and a good reference. Here’s the website http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
#10 Order your credit report immediately if you’re being sued. The faster you can start the defense process, the better.
#11 Send EVERYTHING Certified Mail, Return Receipt Requested. You’ll need to submit the originals to the court
#12 EVERYTHING YOU SEND TO THE LAWYER MUST BE REGISTERED WITH THE CLERK OF THE COURT AS WELL! Unexpected, but helpful advice, from a clerk of the court. Bring everything to the clerks office, have her stamp it, and send a stamped copy-CMRRR-to opposing council.
#13 Make 3 copies of everything for the clerk of the court to stamp…..1st for the clerk of the court to put in your file, 2nd for YOUR files and the 3rd goes to opposing council
#14 Any accusations you make in the Counterclaim (and you’d better), be sure you can back them up…eg: In the entire course of it’s action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:
(a) By falsely representing the amount of the alleged debt and therefore violating 15 USC 1692e (2)(A)
what does this mean?? well, each of my credit reports has a different amount owing listed.
#15 Sign EVERYTHING! If you forget to sign a motion, for instance, the court could throw it out. Read your state’s rules of civil procedure to find out for sure
#16 Be prepared to object to everything. If you don’t object to something, the court has no choice but to accept the evidence as legitimate……otherwise, you would have objected, wouldn’t you?
#17…..THE MOST IMPORTANT!! Step back, take a breath….you can do this! With the people at Bud Hibbs and CIC, you’ve got a good chance of holding your own!
I’ll let you know how this goes…..still nervous, still scared, but WAAAAAAAAY more confident than when I started this.
Comment by not as pannicked in sc — April 12, 2008 @ 10:45 pm
I have some s.o.l. questions that are confusing me. I don’t know if the creditor is trying to pull a fast one or if they actually have the legal right to do this. I have a credit card debt that’s gone past the s.o.l. A few months ago I was sent arbitration papers about it. I wrote all the appropriate letters in response (s.o.l. letter, etc). The creditors asked for a stay in the arbitration proceedings. The stay was granted (a stay is supposed to last one year and then the case is supposed to be dropped from what I understand). I thought they were going to drop it because it was past the s.o.l. A week ago I received a letter from the creditors stating they were reopening the arbitration. They claim that they first started arbitration proceedings against me in 2004 so therefore the s.o.l. doesn’t matter, because they started the arbitration proceedings before the s.o.l. ended. The arbitration papers they sent me several months ago never made any type of reference to any past arbitration proceedings.
If the creditor filed arbitration before the s.o.l. and never did anything with it, is it legal for them to say they are still within the s.o.l. even though the s.o.l. is over? Everything I’ve ever read about the s.o.l. has never said that a creditor can file arbitration every couple of years to keep the s.o.l. in effect. They never went through with the arbitration proceedings in 2004. There’s no judgement against me. I found information online that says under my state’s laws the subject account has a four year limit for filing any legal action for collection. The starting date of this statute of limitations being either the date of the last mutual activity, or the date of first default with the original creditor of the subject account.
There has been no mutual activity for over four years. Does the arbitration they claim they filed in 2004 count as mutual activity since they never did anything with it? Does arbitration last indefinatly even if the creditor doesn’t actually go through with the arbitration proceedings?
Comment by M — April 16, 2008 @ 4:53 pm
In response to M, the following was posted on another site:
http://creditboards.com/forums/index.php?act=findpost&hl=&pid=3041713
The only time the SOL could be “tolled” would be if you could not be legally served. IF they had actually filed a “real” lawsuit against you, and it had been dismissed, the time between the initial filing and the dismissal MIGHT be tolled in some circumstances, but a “phony” arbitration award does not affect or waive your legal rights to a fair trail and defense in a Civil Court.
Generally they use the fake arbitration award method to try to obtain a default judgment without having to actually fulfil the requirements of a “real” civil lawsuit.
Try this:
http://whychat.5u.com/arbltr.html
You will have to send the refusal of arbitration letter out before you file the motion to dismiss, as you need to be on record that you never “agreed” to arbitration.
Comment by Ellena — April 16, 2008 @ 9:49 pm
Here is an unusual question. A man has 8 different judgements against him from 8 different banks. He had used his excellent credit rating, then wrote cash advance cheques for $25,000.00 from each bank. He then sold his house and all his goods and moved the money to a Panama account he had set up prior to his problems.
He then transfered the money again to another countries offshore bank to make the tracing of his money more difficult.
Finally, he used a citizenship that he obtained just before his running, legally obtained, to move himself to that new country, where they allowed him a one time free name change.
He is single, retired and figures he made it.
Will any collection agencies, pursue him, especially after they find that he went to Panama first, with all their secrecy laws and then if they are lucky, find that it went to a trust off shore somewhere else?? Comments??
Comment by Lou Mann — April 18, 2008 @ 5:55 pm
I just really have a question based on these facts below:
I checked my 3 CR reports and found:
Providian
Balance (nothing here)
Date updated 10/2002
High balance $1,888
Credit limit $1600
Pay status 60 days as of 10/02
Account type revolving
Responsibility Individual
Loan type credit card
Max. delinquency 60 days in 10/2002
Estimated dated this will be removed 06/2009
Presidio/cm listing as Date opened 2000. Reported since Jan.2001 Date of status Apr.2005. Last reported status Apr.2005. Type Revolving. Terms NA. Monthly payment NA. Responsibility Individual. Credit limit or original amount $1,600. High balance $2,861. Status Transferred, Closed/account charge off $2,861 written off. Charge Off as of Nov 2003 to Apr. 2005. Creditor’s statement Purchased by another lender.
Then walks in Midland (M.C.M.)
same Providian card different account numbers:
Date opened Sep.2007
Reported since Nov. 2007
Date of status Nov 2007
Last reported Dec. 2007
Responsibility Individual
Credit limit or original amount $2,882
High balance NA
Recent Balance $4,139 as of April, 2008
Type of Account: Open
Status: collection account. $4,100 past due as of Dec 2007.
Collection as of Dec.2007, Nov. 2007.
This account is scheduled to continue on record until Jan 2010.
I never got anything from 2004 to 2008 on this (that I can recall).
SOL is 4 years in CA.
But I know it can be reported for up to 7 years on CR it runs out on the original account in 2009.
However, Midland says it is an open account and has re-aged the debt. Plus it looks like almost doubled the amount due. They state the SOL will run out in 2010.
Can they do this on a charged off account?
This seems to be FCRA and FDCPA violations by Midland.
I really don’t want to DV Midland as of yet…too much stress.
But have disputed it on the big 3 CR by letter, of course you know how far that got me, a waste of paper.
Any suggestions?
Thank you for your help
Comment by Diana — April 25, 2008 @ 12:00 am
Hi, Diana,
I’m NOT a lawyer, so nothing I say should be construed as such. That having been said, NO!! They can can re-start the clock on the Statute of Limitations, jsut because they (Midland) bought (or stole) it!! How absurd.
Midland (M.C.M.) is on Consumer Credit Protection Organizations as one of America’s Worst Collection Agencies. Most of the organizations use Bud Hibb’s List [he’s the “Credit Experts’ Expert”]. So, go to this site, http://www.BudHibbs.com, and click on “Agencies to Avoid” (button) at the top of the Page, find “Midland (M.C.M.)” in the List, click on it and read about them. [Scoundrels!!!! š ]
Bud might, himself, suggest you go to http://www.naca.NET and see if there is a good, FREE lawyer in your area. If you feel you need legal aid (and I suggest it might be a good idea to, at least, talk to one) and (if) there is not a NACA lawyer in your area, call social service organizations [county or state] and ask how you might get (free) legal advice.
READ Budd’s Site – and other sites he suggests – for VALUABLE information. Click on all the “buttons” and read what you can — even read about other “scoundrels” in the “LIST” to learn more about the “Midland-types”. There is also links where you can write to Bud for advice. Too, at Bud’s and many sites, there are form letters for “Cease & Desist” [collectors MUST stop communicating with you after they receive one from you] and (sample) Validation letters. (Be brave — do it!!)
MOST IMPORTANTLY, read and know your rights. Know what these guys (“Midland types”) can and can’t do and what you SHOULD do. Your rights are listed (simply) at Bud’s & other pages like his. Keep notes if you get calls or letters; save the letters and envelopes. (They may come in handy later. Ya never know! š
Knowledge is Power — so learn. (It’s really fascinating stuff, I think! — what these “junk debt buyers” do! I have been dealing with them for a short while…even received a summons to appear in court…but got brave enough to reseach them and find out if I had ANY writes. Wow, what an education! I’m actually enjoying the experience!!)
THE CHANCES MIDLAND CAN PROVE THEY OWN THE DEBT — AND THEY MUST — ARE SLIM…VERY SLIM. Ask Midland for the document that created the debt (the credit card agreement that you signed); and ask for your “account history” from Midland. If the original creditor (OC) gave Midland your account, they should have all this info.
I believe, too, you will find, in your learning, that YES, YOU ARE RIGHT, they can not change dates to extend the Statute of Limitations.
I understand your stress, but believe me, you probably don’t owe these Thugs a dime!!! But, read… and Be Brave!! (Help put a stop to these “Scoundrels!!”)
Good luck to you… Let us (on this board) know how you’re doing. : )
Comment by Clar — April 25, 2008 @ 2:47 pm
DIANA —
Oops! That should have read “NO! They can NOT re-start the clock….”
I should proofread! : )
Comment by Clar — April 25, 2008 @ 2:52 pm
Thanks.
I will DV them after I finish up with AFNI, Inc.
AFNI is a bogus bunch too.
I read Bud’s site a lot, but was really unsure of what I should do next about Midland as I have no letters from them. They just show up on my CR.
Or should I just wait till 2009 and see if it, Midland, all falls off?
Comment by Diana — April 26, 2008 @ 3:26 pm
Diana, if Midland is reporting but not actively dunning you (and assuming you are past SOL) it’s the perfect scenario for employing what’s commonly called the “1-2 punch.” First you send a dispute/dv letter explaining that you found them listed on your credit report but you have never received anything from them about any alleged debt. You dispute that you owe any alleged debt to them and demand strict proof of their claim. Keep it short and simple. Send it CMRRR. (That’s the “1”…) Next, use USPS to track when they receive the DV. After they receive it, you promptly dispute that entry with the credit bureaus. (That’s the “2”) Go to www dot creditboards dot com for tons of info about why and how this can be an effective technique that utilizes both the FCRA and the FDCPA, and frequently results in deletion of the account from your CR and cessation of collection activity.
Comment by impishredhead — April 26, 2008 @ 6:22 pm
Thanks, I have been all over the net and am getting good advice from many forums.
I will DV them.
IL. A.G. is looking hard at AFNI, Inc. if anyone is interested.
Plus Consumeraffairs.com has run a story on them too.
Thanks everyone,
Comment by Diana — April 27, 2008 @ 3:53 am
Good to hear from you, Diana. Good luck to you.
And, thanks for the note on AFNI. I have letters in a file from them. In researching a different collector, I found out AFNI was in trouble with the law. An IL law firm contacted me, but I know nothing about them (so haven’t persued it…yet). This law firm claimed to be “after” AFNI. Thanks to your prompting, I will contact the AG and let him/her know I, too, have been contacted by AFNI.
And, Impishredhaed, good advice!!!
I find this “underworld” so fascinating!! That these “thugs” really act above the law. I thought activity like they resort to went out with the enactment of the FDCPA…. Guess not! It’s good to have all these sites with helpful information and advice!!
Again, good luck.
Comment by Clar — April 27, 2008 @ 2:55 pm
Here is the article:
From
http://consumeraffairs.com/news04/2008/04/afni.html
Debt Collectors Go After Expired Verizon Bills
Consumers told refusing to pay will hurt their credit rating
By Joseph S. Enoch
ConsumerAffairs.com
April 17, 2008
ā¢ Debt Collectors Go After Expired Verizon Bills
ā¢ Afni Complaints
—
ā¢ Your Debts, Your Rights
Consumers around the country are complaining that Afni, Inc., a debt collection agency, has been calling and mailing, demanding that consumers pay old Verizon telephone debts, some of them as much as 10 years old.
But consumer advocates say that many of the debts are so old that, under the statute of limitations, consumers are not required to pay and the debt may not be reported to credit agencies.
“I have just received a bill from Afni stating I owe on an old Verizon account in the amount of $90.86 and that they will settle for $45.43.” wrote Diana of Madera, Calif. “The account number they claim is for a Verizon phone number.
“This is very interesting because I have never had Verizon,” Diana said. “I have never had this bill show up on any past credit reports. So I checked my current credit reports and found them listing that I owe them. I paid for a search on the phone number they listed and I am not connected to that number. I called Verizon California Inc. and spoke to Eric. He said that it wasn’t even a Verizon number and they had no records of me on any account!”
Diana’s complaint is similar to the others ConsumerAffairs.com has received in a little over a year. In almost every case the debts are many years old while consumers say they never had the accounts in question and have never been a Verizon customer.
But Verizon and Afni spokespeople say the debts are real and that if people don’t pay up, their credit could be damaged.
Defunct companies
The reason most consumers say they never were a Verizon customer, is likely because they weren’t, but they may have been a customer with one of the many companies that became Verizon, said Bill Kula, Verizon spokesman. Verizon took over many companies through mergers and acquisitions that include Bell Atlantic, MCI, Nynex, GTE and other companies.
Along with those mergers came millions of delinquent accounts which Verizon sold to Afni over the past year and a half. And even though the acquired companies no longer exist, Afni insists the debts have survived intact.
Both Kula and Deborah Ciskey, Afni’s director of compliance, said consumers are probably “confused” because the debts are from a service with an older carrier. Kula said many people who purchased dial-up Internet many years ago from their old phone company may be getting these bills and just forgot that that they did have a delinquent account with MCI, for example.
However, some consumers say there is no mistake and they have no debt with any phone company.
“I received a collection notice from Afni Inc., stating I owe them $280.05 for a disconnected phone service for 718-584-5895,” wrote Pamela of Danbury, Conn. “I have never owned that telephone number. Also, on the notice, it states that the original creditor is Bell Atlantic. I never had phone service with Bell Atlantic.”
Consumers say that despite their protestations, that Afni posts the debt to credit agencies.
Successful suit
Your Debts, Your Rights
ā¢ The Fair Debt Collection Practices Act
ā¢ What’s prohibited
ā¢ Stop the madness
ā¢ Tape that call
—
News
ā¢ Debt Collectors Go After Expired Verizon Bills
ā¢ Florida Gets $1.3 Million Judgment against Debt Collector
ā¢ Some Old Debts Never Die
ā¢ Debt Collector Pays $1.3 Million to Settle FTC Charges
ā¢ Court Stops Illegal Debt Collection Practices Aimed At Hispanics
ā¢ Consumer Groups Decry Debt Collection Horror Stories
ā¢ Debt Collectors Cash In On Uninformed Consumers
ā¢ FTC Asks Court to Stop Abusive Debt Collectors
ā¢ Illinois Sues Nationwide Debt Collector, Arrow Financial
ā¢ Debt Collector Settles Abusive Practices Charges
Joe Mullaney, an attorney who successfully sued Afni for using potentially illegal means to collect on a debt, said consumers should not pay these debts if they believe they are not legitimate, no matter how insistent Afni is.
“People are paying these debts and they don’t even owe it,” Mullaney said.
Although Kula said the vast majority of the debts are two to three years old, some consumers say they are as old as 13 years, yet the company appears to be persistent no matter how old the debt.
Statute of limitations
Regardless of Afni’s persistence, if the debts are seven years or older, the statute of limitations on the debt has expired meaning Afni has very limited enforcement capabilities to collect on these old debts, Mullaney said.
“Federal Courts … have opined that generally a debt collector may ask you to pay a debt if it is time-barred by the statute of limitations,” Mullaney said.
But all the collector can do is politely ask consumers to pay, he said. There is no requirement that they do so.
Similar time limitations exist for debt reporting, Mullaney said. A debt that is seven years or older cannot negatively affect a consumer’s credit score.
Mullaney said Afni threatened to report his client’s 8-year-old debt to the credit bureaus and his client went ahead and paid for fear of damaging her credit even though there was no way a credit bureau could post that to her report.
“Debt collectors know that one of the most powerful tools of wrenching payment out of consumers is to report them to the credit bureaus,” Mullaney said. “The reason for that is because people have an irrational protection of their credit report when in fact they should be protecting their rights.”
Mullaney and his client won their case and received a settlement of about $4,300, he said.
“I take the position under the Fair Debt Collection Practices Act which says that the debt collector cannot make deceptive statements or false statements,” Mullaney said.
The office of the Illinois Attorney General currently has an active investigation into Afni, said office spokeswoman Natalie Bauer. She could give no further details but said the office has received “around 900” complaints over the past eight years.
Consumers who wish to take legal action against Afni should find a local attorney through the National Association of Consumer Advocates website, Mullaney said. Consumers should also file complaints with the Illinois Attorney General.
Report Your Experience
If you’ve had a bad experience — or a good one — with a consumer product or service, we’d like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge
Comment by Diana — April 28, 2008 @ 2:18 pm
I found over 6000 entries on AFNI, Inc. including lawsuit cases. So It really seems that AFNI has more than just a few problems.
I sent everything along with the IL BBB report to the IL AG. There was no valid. to me, but to others they sent all the info., on the 6+ year old so called “debt”.
Sent CD letter to AFNI and this is their response to me through IL. BBB who has closed the case because they felt AFNI had made reasonable attempt to settle.
Activity
Date Activity Description
04/25/2008 Case ADMINISTRATIVELY CLOSED
04/25/2008 Inform Business – Case ADMINISTRATIVELY CLOSED
04/25/2008 Inform Consumer – Case ADMINISTRATIVELY CLOSED
04/25/2008 Bureau Judged Case AJR
04/24/2008 Receive Consumer Verification
——————————————————————————–
(The consumer indicated he/she DID NOT accept the response from the business.)
AFNI, Inc. needs to meet the entire terms of my letter.
I have sent all materials to the IL. Attorney general’s office.
——————————————————————————–
04/23/2008 Send Business’ Rebuttal Response to Consumer CLT.cf.rtf
04/23/2008 Received Business’ Rebuttal Response
——————————————————————————–
Via electronic mail
April 11, 2008
Nancy Poe
Dispute Resolution Specialist
Better Business Bureau
bbb@heart.net
RE: CASE#:
Dear Ms. Poe:
This is in response to your letter to Afni, Inc., regarding the above referenced matter. It is Afni’s desire to work with consumers to assist them in resolving the questions and concerns that they may have about their accounts.
In that regard, the statute of limitations applies to the remedy to collect an account within a court of law; it does not eliminate the right to collect upon the account, nor does it restrict furnishing information about the account to a credit reporting agency.
Per Ms. request, Afni will cease communications with the consumer, meaning we will not initiate further communication with the consumer via letter or telephone without the consumer’s request. Should the consumer require further information, she is welcome to contact a representative at 866.857.7209. Thank you for your assistance in this matter.
Sincerely,
Amy Acree
Compliance Associate
Afni, Inc.
404 Brock Drive
Bloomington, IL 61701
This communication is from a debt collector. Consumers have the right to inspect their credit.
——————————————————————————–
04/21/2008 No Response from Business re: Consumer Rebuttal
04/07/2008 Forward Consumer Rebuttal to Business BLT.cf.rtf
04/04/2008 More info received from the consumer
——————————————————————————–
In documentation your office has sent to me, I have found errors in AFNI, Inc.’s reporting.
1. The alleged account in question was said to have been open in January of 2001. This is erroneous and bogus. I was never in Lindsay, CA in January of 2001. (THIS WOULD PUT IT OVER 7 Years old).
2. Verizon California Inc. was never my phone company and Eric of Verizon California Inc. confirmed that on Feb. 26, 2008 when I called them. Fake statements? Hearsay?
3. AFNI, Inc.’s own documentation shows that the bill was written off by Verizon on Feb. 4, 2002. AFNI, Inc.’s own documentation makes this a time barred account. This page was stuck in the middle of the so called statements your office sent me.
From the date on the “Verizon billing statement” AFNI, Inc. provided to you, they are far beyond the statute of limitations for collection and or obtaining a judgment/bringing suit in my state. Since this alleged debt is clearly past the legal time frame for continued collection activity.
In her response to IL BBB Amy Acree, of ANFI, Inc. states my address to have been Apt. 1 in Lindsay, while the billing address listed on the alleged Verizon bills is Apt 127.
AFNI, Inc. has also sent me a form letter asking me for personal information to validate my dispute. This was after I asked them for validation of the debt. AFNI, Inc. has never validated anything to me as required by FDCRA and FDCPA. They continued to report this TIME BARRED debt on my TransUnion, Experian, Equifax files.
——————————————————————————–
04/04/2008 BBB Reviews Consumer Rebuttal to Business Response
——————————————————————————–
(The consumer indicated he/she DID NOT accept the response from the business.)
As to Ms.Acree’s statements, they are disputed.
In refrence to: AFNI Account
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.
This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore Time-Barred.
As I am sure your legal department is aware, there exists a statute of limitations in each of the 50 states for a junk debt buyer or collection agency such as yourselves to report, collect debts and/or bring suit against debtors for alleged debts.
In my home state of California, the statute of limitations is as follows:
Open accounts – 4 years from date of first delinquency
Written contracts – 4 years from date of first delinquency
Oral agreements – 2 years from date of first delinquency
Promissory notes – 4 years from date of first delinquency
As you can plainly see from the date on the “billing statement” you provided to others but never validated to me, you are far beyond the statute of limitations for collection and or obtaining a judgment/bringing suit. Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.
As a result I must insist that you:
-Delete any and all records of this alleged debt from your system
-Do not contact me any further by any means whatsoever
-Do not sell, transfer, assign, or share any information about me or this alleged debt with anyone else
-Do not provide me with a IRS form 1099-C
-Do not report this false information to any of my credit bureau repositories
-Send me a signed letter that releases me from further obligations
Thank you kindly for your “attempt to collect a debt.” I trust that I will not be hearing from you any further. If you do not comply with my requests listed above, I will have no choice but to bring suit against your company in the State of California, County of Madera.
Being the reasonable people that you are, I will assume that you will realize that a Time-Barred debt that your company probably paid less than $9.00 for is not worth the time and expense of a court case, and you will comply with my requests.
Thank you very much,
NOTE: This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.
——————————————————————————–
04/03/2008 Forward Business response to Consumer CLT.cf.rtf
Comment by Diana — April 28, 2008 @ 2:43 pm
Diana,
Thanks for sharing all that info. Last night, I printed out a complaint form at the IL AG’s website. I don’t have much documentation to send with it, but will let the AG know that AFNI is contacting me.
In the past few weeks, I have received two phone calls (messages left on my recorder) from a woman who says I must call the attorney at a (312-area code) phone number “to discuss my file”. The attorney’s name, each time, is muffled [not clear & impossible to decipher] and the call, each time, is cut off just as the woman is [I am assuming] about the state what the call is in reference to [subject matter]. My recorder does NOT cut calls off unless the message is over nine minutes or the tape is full. (The tape was blank before her first call.) I am guessing her message was timed and SHE hung up — as most/many recorders cut off after 30 seconds — and, if she is ever questioned as to why she did NOT state the subject matter was “debt collection”, she can say “Clar’s recorder shut off”. Ha-ha! (I am just “assuming” after a month of reading what unscrupulous tricks these “collectors” resort to.
I don’t know who’s attorney (or alleged attorney) it is — it could be AFNI or one other junk debt buyer’s. But, it is interesting to witness this “world” of theirs. š
It sounds like you have your case under control!! CONGRATS!!
I noticed the letter from Amy Acree is worded very carefully (I thought): “…it does not eliminate the right to collect upon the account, nor does it restrict furnishing information about the account to a credit reporting agency.” It struck me as “walking on the edge”. ha-ha! (Like, you may hear from them again…even sounds like a “touch of threat” thrown in there.)
It should be against the law for original creditors to sell written-off accounts to third parties. Maybe you could complain to congressmen & your governor.
Good job in handling your matter!!!! š
Comment by Clar — April 29, 2008 @ 2:09 am
I was just reading Comments above about the SOL and write-offs…and suing…or “going after” payments… Comments 5..6..7…and so on.
: )
Comment by Clar — April 29, 2008 @ 5:02 pm