213-286-0299
CA, US
Lynne
Lynne
2011-06-06 20:43:01
Unknown
OMG I started getting calls from this number 3 days ago at work. They threaten to file law suit but wont tell me any info. Say I haven't paid a loan I know is paid. At first I was a tad paniced but after speaking with the only loan co I had and paid I found they are a big scam. Please don't give these people any money or any of your info. When I throw the word scam at them they hang up. So now I call them every half hour or so and I've given thier number to a couple of friends and family who currently are unemployed and have nothing else to do but call these fools all day. When I call they curse at me and say not very attorney like things LOL !!  The last time I called she begged me to stop calling her. HA HA I don't think so little scammers. I told her I would stop when her number was no longer in service. I've filed a complaint with the BBB and the Fed Trade Commissioners office but nothing is a fun as calling them til they curse!
Lynne
Lynne
2011-06-06 20:43:01
Unknown
Well after hours of calling them they have blocked my number LOL Now when I call its a recording about a full box. So when these scammers call you, call them back again and again. Ask for thier address, thier boss, the spelling of company name since they barely speak english. At one point she threatened to send her man to my home address so I offered to email her a mapquest to my place, she hung up!  Trust me, they will get mad, pissy, start cursing at you but after a bit they will stop calling you and move on.
Matt
Matt
2011-06-06 20:43:01
Unknown
Got a call from these folks saying I was being sued. Very broken up message.
Mike
Mike
2011-01-25 20:27:23
Debt Collector
I have tried a new tactic to get results in battling these scammers.  I have emailed every person's email address at the indian consulate in NYC to find out what their government is doing about these scams that have been running for a long time.  No response yet.
Wendy
Wendy
2010-10-30 22:56:09
Debt Collector
recieved a call on my work number ( I work for the government) while I was out of the office for 3 weeks. Message was threatening, stated that I would need an attorney and there would be legal ramifications if I did not return the call. The individual identified himself as Peter Jackson and left no company name or reference to any account that he was calling about.
Shell
Shell
2010-10-23 13:38:36
Unknown
They are nasty and ignorant individuals. I asked them to send me a document with the proof I owe. That was in August. I am still waiting. SCAMMERS
anon
anon
2010-10-21 17:06:54
Unknown
Apparently u are a scam artist yourself, I cant even understand your  typing. So apparently your are not from America. Wow you must be really bored with yourself or stupid if you have to scam people out of their money, because you can't make your own. God sees all that you do, you will not go unpunished, watch and see.
Questioning
Questioning
2010-10-20 20:45:32
Unknown
Elroy:  I was just wondering.....did you most recently take out ANY kind of online loan?? Your story is very VERY simliar to my daughters!!!  Please reply back and thanks!!!
Gail
Gail
2010-10-20 19:41:31
Debt Collector
I do not owe and they told me they have warrent out for me
lamet
lamet
2010-10-20 16:26:53
Unknown
THANKS FOR CONFIRMING THIS IS SCAM

the SCAMMERS are the ONLY people who claim these CROOKS are legitimate when they are not


PROTECT YOURSELF!  IMPORTANT INFORMATION YOU MUST READ ? HOW THE SCAM WORKS AND WHAT AGENCIES TO REPORT THEM TO

LONG RUNNING AND KNOWN SCAM ? ALL OVER INTERNET AND NEWS FOR ABOUT 4 YEARS NOW


Fake Debt Collectors ? Terrorizing Consumers
http://abcnews.go.com/Business/story?id=5621205&page=1

MORE ON FAKE DEBT COLLECTORS
http://www.wvago.gov/internetloanscam.cfm
http://800notes.com/Phone.aspx/1-904-425-9141
http://www.thepittsburghchannel.com/call4action/17285785/detail.html
http://www.800helpfla.com/newsletter/2008/092008.html
http://www.consumeraffairs.com/news04/2010/01/ks_debt_collection.html  
http://consumeraffairs.com/news04/2010/07/video_bill_collector_scam.html  WITH VIDEO!  
http://consumeraffairs.com/news04/2010/09/fdic_debt_collector_scam.html  9/7/2010 -NEWEST CONSUMER ALERT ?SCAMMERS NOW CLAIMING TO BE WITH FDIC

If you are targeted by these criminals, be sure to report them to all the following federal and state law enforcement agencies (most of which you can do online or over the phone):
1.    The U.S. Secret Service is responsible for protecting the country's financial infrastructure and payment systems from international and domestic threats. Call or write your local Secret Service field office to alert them to the details of this attempted extortion. The addresses and phone numbers for the local Secret Service field offices are listed at http://www.secretservice.gov/field_offices.shtml or in your phone book.
2.    Alert the FBI at https://tips.fbi.gov Be sure to tell the FBI that you are being targeted by extortionists over the phone. And if the crooks claim to be law enforcement or lawyers, officers of the court or bankers, be sure to include that information in your report.
3.    File a complaint with your local police. Most police departments will take a report over the phone.  Be sure to tell them that you're being targeted by an extortionist and give them all the details.
4.    File a complaint your state's attorney general, the contact information for whom is at www.wvago.gov
5.    File a complaint online with The Federal Trade Commission at https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
If these crooks call back, promise them nothing, pay them nothing and tell them nothing other than that you know they're a scam and that you've reported them to law enforcement. (And be sure to report them to all the agencies above each time they call you.)

By the way, here's just a small sample of numbers used by this particular group of scammers. Read the reports and you'll see the same pattern time and again -- phony organization names, thick foreign accents, and oddly worded threats that are so melodramatic and ridiculous that it's laughable:


http://800notes.com/Phone.aspx/1-888-771-9249   Scammer posting here as GARY and GARRY JONES
http://800notes.com/Phone.aspx/1-866-860-4509   Scammer posting here as Mike Henderson
http://800notes.com/Phone.aspx/1-212-500-0839   Scammer posting here as Ricky
http://800notes.com/Phone.aspx/1-201-244-7722   Scammer posting as Carole, David Brown and Amanda
http://800notes.com/Phone.aspx/1-626-200-4646   Scammer false postings at this new number as silshan kanniue and Tina ? preparing a new number to use.
http://800notes.com/Phone.aspx/1-424-354-4270   Scammer false postings as Rose
http://800notes.com/Phone.aspx/1-888-785-4479   Scammer posting as Robert
http://800notes.com/Phone.aspx/1-909-327-4870   Scammer false postings as Marry
http://800notes.com/Phone.aspx/1-646-274-1143   Scammer false postings as Karen Miller, Chichi and Tom Little
http://800notes.com/Phone.aspx/1-561-300-8018   Scammer false postings as Marco Polo and Covenant
http://800notes.com/Phone.aspx/1-877-226-7488   Scammer false postings as SAM, David S
http://800notes.com/Phone.aspx/1-888-706-7463   Scammer false postings as George
http://800notes.com/Phone.aspx/1-209-349-7382   Scammer false postings as Towanda Robinson, Shannon Walsh, Jack Dawson and Cynthia
http://800notes.com/Phone.aspx/1-760-514-0132   scammer false postings as Suzy01, Johanna Hall, Cindie McMellon, Michael Dublin, Mark Williams, Carol and Rio   (800notes removed some of the scammers posts because the all came from the SAME IP ADDRESS)
http://800notes.com/Phone.aspx/1-209-797-2212   scammer false posting as Jaison Connar
http://800notes.com/Phone.aspx/1-707-401-4056   Scammer false posting as John Carner, KSR
http://800notes.com/Phone.aspx/1-650-241-4604   Scammer false postings as jhon and Kevin
http://800notes.com/Phone.aspx/1-708-401-0535   Scammer false posting here as JHON
http://800notes.com/Phone.aspx/1-518-212-0219  Scammer false posting as Prince Christian, Arpit
http://800notes.com/Phone.aspx/1-718-705-8669  Scammer false postings as Alicia
http://800notes.com/Phone.aspx/1-707-633-2789  Scammer false postings as Rojer, Minni, Rhone, Smith, Lisa Jack, Julie, Sean, and Carol. ? preparing a new number to use to steal money
http://800notes.com/Phone.aspx/1-205-294-6271  Scammer false posting as Thomas Jhonson
http://800notes.com/Phone.aspx/1-661-263-4011  Scammer false posting ?ILLEGALLY claiming to be an attorney Charles F Robinson
http://800notes.com/Phone.aspx/1-321-684-4117  Scammer false posing as Harry Patt
http://800notes.com/Phone.aspx/1-518-565-0306  Scammer false posting as Wellvishers
http://800notes.com/Phone.aspx/1-678-791-4673  Scammer false posting as Sherrie Ann and Elvine Buris
http://800notes.com/Phone.aspx/1-305-390-0607  Scammer false posting as James and Mark
http://800notes.com/Phone.aspx/1-209-349-3112  Scammer false posting as Roger Brown. David Macrow and Andrew
http://800notes.com/Phone.aspx/1-646-360-1702 Scammer false posting as STATE LEGAL DEPARTMENT
http://800notes.com/Phone.aspx/1-850-254-8883  Scammer false posting as Stella
http://800notes.com/Phone.aspx/1-347-875-8165  Scammer false posting as Lisa L Johnson, Mark Taylor
http://800notes.com/Phone.aspx/1-310-872-2861  Scammer false posting as Jim, Keith
http://800notes.com/Phone.aspx/1-760-582-0311 Scammer false posting as Alex Morrison
http://800notes.com/Phone.aspx/1-817-393-0246 Scammer false posting as Mark Smith
http://800notes.com/Phone.aspx/1-678-619-1686 Scammer false posting as Beckham, Beckh, BECK and MOCK and MINDY
http://800notes.com/Phone.aspx/1-352-653-1302 Scammer false posting as Christy and ANNA 2 times, KAT V DON, SANDRA JR, PAUL WRIGHT ALEX SCOTT DR Kim preparing a new number to use in their unsuccessful scam ?
http://800notes.com/Phone.aspx/1-646-770-2937 Scammer false posting as officer
http://800notes.com/Phone.aspx/1-623-465-9849 Scammer false posting as Bob Keeshan
http://800notes.com/Phone.aspx/1-325-260-0090 Scammer false postings under Jhon, Mishele and Tyrone Johnson
http://800notes.com/Phone.aspx/1-213-784-5745 Scammer false posting as United Man and Don't be so sure & immediately judge, ac
http://800notes.com/Phone.aspx/1-718-841-9420 Scammer false posting as Marcus, Barbara, Kevin and Dina
http://800notes.com/Phone.aspx/1-772-675-9488 Scammer false posting as Michael
http://800notes.com/Phone.aspx/1-760-284-4600 Scammer false posting as doreen legas, corey, brown
http://800notes.com/Phone.aspx/1-209-623-4683 Scammer false posting as Rex Pertrson. Tommie
http://800notes.com/Phone.aspx/1-206-801-1004 Scammer false posting as Mark
http://800notes.com/Phone.aspx/1-213-286-0299 Scammer false posting as Wagner

Scam alert: Bogus debt collectors
By Leslie McFadden ? Bankrate.com
Monday, Aug. 3
Posted 2 p.m.
Bankrate reporter Leslie McFadden contributed this entry.
This scam isn't technically about credit cards, but it is scary enough to post a warning. The Better Business Bureau issued an alert today saying consumers across the country are getting phone calls from bogus debt collectors claiming default on a payday loan. Of course, the consumer needs to pay a large fee to avoid arrest -- as much as $1,000.
The caller poses as a lawyer, and may threaten extradition to face trial if the consumer doesn't pay up immediately.
What makes these calls alarming -- and perhaps convincing -- is that the perpetrators reference the consumer's personal information, such as the person's Social Security number, driver's license number, previous bank account numbers, home address -- even personal references.
"The amount of information they have is really troubling," says BBB spokeswoman Alison Southwick. She adds that the amount of data points to a possible security breach.
Spread the word to your friends and family: Don't give out personal or financial information to an unknown caller. Scammers can spoof Caller ID to display different numbers, so trust your instincts over technology.
The BBB offers these tips:
?    Ask the debt collector to provide official documentation which substantiates the debt.
?    Do not provide or confirm any bank account, credit card or other personal information over the phone until you have confirmed the legitimacy of the call.
?    File a complaint with the Federal Trade Commission online if the caller is abusive, uses threats or otherwise violates federal telemarketing laws or the Fair Debt Collection Practices Act.
?    File a complaint with the Better Business Bureau online if you believe a debt collector is trying to scam you.
Eloy
Eloy
2010-10-20 15:53:01
Unknown
I received a call from this number, 1-213-286-0299, the man identified himself as Jason Parker of the First State Attorney Service, he had an Indian accent, he said his home address is 534 Long St, 4, Moreno Valley, CA. 92553. He alleged that I fraudulently received $700 or $800 from Instant Cash Co. I told him that is false and I can prove it with my bank statements. He treatened to have his men pick me up on Thursday either at my home or at my job, they would do their investigation and then we would go to court on Friday at 11:00 A.M. He said when I am found guilty I will have to pay $8,000. But I told him that I am innocent, I will swear to God that I am and I can also prove it. I went to the bank, got my statements, went to the local police station and told them of the kidnapping. Seargeant Kosmor called the number and the person admitted to the officer that they were scamming me out of India. I called my place of employment, and Human Resources confirmed that they have received calls asking about me.
Darlene
Darlene
2010-10-06 18:36:17
Unknown
I received a message from 213 286 0299 saying theres a warrant out for my arrest.  I could barely understand the woman. She did wish me luck if I didn't respond!
Michele
Michele
2010-10-04 20:28:30
Unknown
MRynk
I received threating message from the 213 286 0299 phone number.
CLaiming they were from a lawyers office and if ididnt call backthey wished me luck in jail
destes
destes
2010-10-01 16:56:48
Unknown
Keeps calling and says I owe money on an unpaid loan. This is the second time they are trying to scam me.
The Saint
The Saint
2010-09-26 11:56:31
Unknown
For at least the last four years, possibly longer, a group has been calling former payday loan applicants advising them that they have defrauded a bank and are now being sued for non-payment of a loan.  The callers will claim to be calling on behalf of an attorney's office (name varies), the Dept. of Law and Investigation, ACS, or other similar combinations below:

United Legal Processing Division
Midline Marketing
Crime Monitoring Services
Monetary Crime Division
U.S. National Bank
Attorney General?s Office (usually in California)
American Legal Services
Affidavit Consolidation Services (ACS)

You will be threatened with arrest, a costly trial and possibly worse.  In no shape, way or form can you be arrested for non-payment on a consumer debt.  Do not believe these threats, as they are without merit and cannot be carried out in the manner they allege.  

Who are they?

In the past when pressed by law enforcement for an address, the callers have provided the following information:

David Morgan and Associates
Morgan & Associates
Morgan Associates
954-727-8481
1155 Northwest 85th Street
Wintergarden, Florida  33150
(Address is likely invalid)

The collector's MO matches a once legit collections agency called Ellis Crosby & Associates.  Here are some links on them:

http://www.budhibbs.com/collectorpages/ellis_crosby_and_associates.htm
http://www.budhibbs.com/collectorpages/EllisCrosbyJudgment.pdf

They have been previously fined over $1.3 million for various violations.  They have been known to use phone banks in India to make their calls, which more or less coincides with the difficult to understand accent many of us detect when we are contacted.  

The last time this group went by any "official" name was back in 2008:

Ellis Crosby & Associates / Douglas & Morgan Associates
4494 Southside Boulevard Suite #200
Jacksonville Florida 32216
Phone:  800-928-3536 / (904) 928-3536
(Address is likely invalid)

There are NUMEROUS consumer alerts out against this group of individuals:

Florida:
http://jacksonville.com/tu-online/stories/061107/met_176207561.shtml

Kansas:  
http://www.consumeraffairs.com/news04/2010/01/ks_debt_collection.html

Colorado:  
http://www.coloradoattorneygeneral.gov/press/ ... lls_likely_orig

Rhode Island:  
http://www.collectionscreditrisk.com/news/rho ... -3002135-1.html

West Virginia:
http://www.wvago.gov/internetloanscam.cfm

Missouri:
On July 15th, 2010 a Public Awareness Bulletin was sent out by Missouri Information Analysis Center.  

"..received reports from individuals in Ohio and Illinois reference suspicious telephone calls they received. In both instances, the callers are reporting that a voicemail is received from a man, with a Middle Eastern accent, identifying himself as an officer working with the Financial Crimes Unit.  The message indicates that the reason for the call concerns a loan made by the receiver or someone in the receiver's family. The voicemail requests that a return call be made and a telephone number is provided. When a return call is made, the caller is asked to provide personal identifying information such as their date of birth and social security number.

Reports indicate that the calls are frequent and persistent and that they even threaten arrest or legal action if information or money is not provided. It appears that the individuals making these calls may have access to some records connecting individuals and their relatives.  Missouri does not have a Financial Crimes Unit and all indications are that this is a fictitious agency. If you receive a similar phone call, please be advised that it is a scam and please contact your local law enforcement agency or the Missouri Information Analysis Center at 866-362-6422."

Bottom line:

Do not supply the callers with any additional information.  Inform them you have reported them to law enforcement and hang up.  If you haven't already, go ahead and report the calls to local law enforcement, your state's Attorney General and beyond.  Look up the local Secret Service branch's information in your area and get in contact with an agent there.  

If you ever applied for a cash advance online, your information is out there.  
Possible sources for the breach of your privacy are:

* The scammers obtained your information from Teletrack - a reporting agency used by many cash advance lenders to determine their risk lending to you.  The service is able to tell cash advance lenders if you have existing loans with other companies, for example.  Many state laws prohibit borrowers from having more than two cash advances out at the same time.

* The scammers created their own fake payday loan application site.  People looking for a cash advance went to the site and applied, thus freely providing the scammers with their information for malicious use at a later time.  

* The scammers were able to get into the database(s) of cash advance lenders - probable targets being Sonic Payday and Cashnet USA.  


How to protect yourself:

* Inform your employer.  You are likely getting calls at home and/or at work, so make sure your employer is aware the calls are part of a scam and to not take them seriously.  Advise the callers that they are no longer allowed to call you at work.  If they continue to call, document the date and time of the calls you received.  Save voice mails left if at all possible.  

* Change your number(s).  For some this may not be an option, for others a one-time number change can be done free of charge.

Be advised - any references you listed on your payday loan application will be contacted.  Let those people know that this is a scam, and they can disregard.

* Use Google Voice.  Google Voice is a great replacement voice mail system for just about any phone number you use.  Messages can be transcribed and voice mail recordings can be saved as mp3 files.  

Pro Tip - call the scammers with a Google Voice number before turning off your old phone numbers.  Make sure when you call you identify yourself so they can start up their script.  At any point after they have your information pulled up just hang up.  They will then start religiously calling your Google Voice number.  At this point, you are free to change your regular phone number(s) and enjoy not having these people ever call you again.  (And laugh at the fact these people are basically talking to a brick wall several times a day)

The scammers change their numbers frequently.  Law enforcement used to think it was because the callers ran out of minutes on their prepaid wireless accounts or they were shuttered due to fraud, but now they understand it's simply to evade detection by savvy consumers online.  With the proliferation of VoIP, it's even easier for the crooks to stay a couple of steps ahead of law enforcement.  Below is just a sampling of the 30+ numbers that have been used in recent memory.

1-201-244-7722
1-209-349-7382
1-209-797-2212
1-212-500-0839
1-213-256-0408
1-213-995-3039
1-281-763-0433
1-347-289-3902
1-347-844-6817
1-347-844-6831
1-424-354-4270
1-516-232-8905
1-516-232-8935
1-518-212-0219
1-561-300-8018
1-561-210-4185
1-626-200-4646
1-631-456-4041
1-646-274-1143
1-646-810-8635
1-650-241-4604
1-707-401-4056
1-707-633-2789
1-708-401-0535
1-716-442-2824
1-717-862-4080
1-718-705-8669
1-760-514-0132
1-760-563-5384
1-772-318-4938
1-850-201-1111
1-858-777-1977
1-859-908-2281
1-866-860-4509
1-877-226-7488
1-888-706-7463
1-888-771-9249
1-888-785-4479
1-909-327-4870

So can they really do anything to you?

It's not a simple yes or no answer.  Logic dictates that, if they really wanted to take you for a ride and drain your bank accounts, they already would have.  

So, why haven't they?  

Authorization.  

Why do you think you are being called so much?  Perhaps it is because they like the sound of your voice?  No, they have to have your authorization to take any form of payment from you, period.  The callers know their audience, and that audience is typically a bunch of people that have applied for payday loans in the past.  Most of those people they call couldn't afford an attorney if they wanted one, and are so used to receiving collections calls that so long as they sound like a real collector, they will likely be perceived as one.

Furthermore, they don't even really want to talk to your attorney - that just sounds official and scary enough.  A real attorney would take the callers to task and write them off as two-bit con artists.  The callers need you, in writing, to authorize payment against the fictitious debt they claim you owe.  Go ahead, ask them for proof you owe the debt - more commonly known as verification of debt.  See what they say.  A phone authorization carries very little weight, so if they have something signed by you on file, you are done for - and the callers know that.  That authorization is the only thing these callers are doing by the book, and for good reason.  If they just went all willy nilly and made an ACH debit from your checking account, without your written approval, you could in turn report the transaction as fraudulent to your financial institution.  In about 7-10 business days, you would get the funds returned to your account.  Then the scammers would be up against a bank and their team of lawyers and investigators.  

Bottom line:

If you haven't paid the callers a dime, don't.  If you planned on paying them to shut them up, just don't.  Remember - you are not being contacted by a legally licensed, ethically owned and operated collector.  Read up on the FDCPA - http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf - and know your rights.

http://800notes.com/Phone.aspx/1-646-274-1143/3
anna Dee
anna Dee
2010-09-26 10:43:35
Unknown
Lawyers suing do not have bots calling defendants.
They send collection letters.
They send demand letters via certified mail.
The National Do Not Call database appear to be useless. They do nothing to stop the calls. This is evidenced by the fact the same numbers show up on my caller ID repeatedly, calling over and over, month after month. No one stops them.
It's just a feelgood ruse that no one in government enforces.
Anna Dee
Anna Dee
2010-09-26 10:37:25
Unknown
The recording keeps calling, but athe nswering machine get it. It calls me all the time.
I have never heard the bot's message.
I do not owe anyone money, and my credit score is great.
So it scares me if they are calling to say I am being sued, knowing I owe no one money.
Why would the state be calling about a private collections debt anyway?
The courts MAIL summons about lawsuits and judgements to defendants.
The court houses do not use bots.
If this was a legitimate lawsuit, why wouldn't they send a WRITTEN LETTER demanding payment person and why wouldn't they send one via certified mail, etc?
anonymous
anonymous
2010-09-26 03:53:47
Unknown
I googled "state attorney services" and came up blank. It's the sort of generic name typically used by scammers. I think your pants are on fire.
Wagner
Wagner
2010-09-26 01:55:20
Unknown
I am confused...
i had been taken a pay day loan in the past and i tryed to avoid paying thm i recieved several calls from different collection agencies but never bothered to pay...but this guys when called me with this law suit i got to made paid my due was $847.I paid them this money and even they provided me with every peice of information.The guy i talked to was "Ron Williams",he was really very helping and calm then the guy i talked before.Now i got everything from their side as they had told me,i recieved a full paid reciept,NOC letter informing that this was resolved out of court and i no longer owe any thing to anybody....
I was casually surfing net one day and just tryed to find their no. and came to this site after reading this i was so very depressed and angry.i was confused too.then i went to my payday company,called them and asked them abut ma dues but they told me that it was been resolved from my side and all the dues are cleared..
Guys i dont knw wat u'll are facing but I found it genuin.My depts was been pay truely,Thanks to Ron..
Melissa
Melissa
2010-09-24 20:14:09
Debt Collector
received a call at work and three times on my cell claiming i am primary suspect and need to call this James Woode to stop legal action - wished me good luck if i didn't call back.. this happens to me about every 3-4 months.  I have filed with the attorney general nothing seems to stop them..really tired of the threats.  told me to call his hotline number
lamet
lamet
2010-09-24 19:00:59
Unknown
PAY NOW OR ELSE IS ILLEGAL AND MEANS THEY HAVE NO PROOF that the debt EXISTS at all

ITS ILLEGAL TO THREATEN ARREST!  

1) Never assume they have a VALID DEBT OR LEGAL RIGHT TO COLLECT  (They are required by law to PROVE it writing via US MAIL)
 
2) Debt collectors MUST FOLLOW your STATE laws regarding licensing.  Check your Secretary of State for licensing requirements for ANY collection agency that contacts you

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

You can also post your questions here http://www.collectorsexposed.com/forum/   NEW URL!    

These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx


Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm    
    
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm

Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.

Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
    use threats of violence or harm;
    publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
    use obscene or profane language; or
    repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
    falsely claim that they are attorneys or government representatives;
    falsely claim that you have committed a crime;
    falsely represent that they operate or work for a credit reporting company;
    misrepresent the amount you owe;
    indicate that papers they send you are legal forms if they aren?t; or
    indicate that papers they send to you aren?t legal forms if they are.

Debt collectors also are prohibited from saying that:
    you will be arrested if you don?t pay your debt;
    they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
    legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.

Debt collectors may not:
    give false credit information about you to anyone, including a credit reporting company;
    send you anything that looks like an official document from a court or government agency if it isn?t; or
    use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
    try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
    deposit a post-dated check early;
    take or threaten to take your property unless it can be done legally; or
    contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
    Social Security Benefits
    Supplemental Security Income (SSI) Benefits
    Veterans? Benefits
    Civil Service and Federal Retirement and Disability Benefits
    Service Members? Pay
    Military Annuities and Survivors? Benefits
    Student Assistance
    Railroad Retirement Benefits
    Merchant Seamen Wages
    Longshoremen?s and Harbor Workers? Death and Disability Benefits
    Foreign Service Retirement and Disability Benefits
    Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
    Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY ? use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
    
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0




Time-Barred Debts
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm

There?s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors ? or if you dispute the legitimacy of a debt ? a debt collector may contact you.

?Time-barred? debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General?s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.

Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a ?debt collector? generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.

The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts

Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.

Whether a time-barred debt ? or any debt for that matter ? can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors

Can a debt collector continue to contact you about a time-barred debt you don?t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you?ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you?ve gotten proof of the debt.

You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again ? except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn?t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts

The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney?s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.

The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
October 2004
Karen
Karen
2010-09-24 18:58:44
Unknown
Calling my desk at work and cell phone claim to have bench warrent issued for money that was put in a bank account that I haven't used not to mention the guy didn't know the difference between bank account number and a routing number. Very persistent people. They called me in January with the same stuff but claimed the money was put in my account in December but couldn't give a date.
lisa
lisa
2010-09-23 23:21:17
Unknown
claims they are from the states attorney services that I am being sued for what who knows never tells me tired of these people calling.  this is a california number.
Aaron
Aaron
2010-09-22 15:45:49
Unknown
"Law office of James Johnson", claiming a case has been filed against me and I will need to pay a sum over $8000.  I do not do business with the company he referenced.
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