I got a call from 415-548-1056 and could not understand a word the guy was saying. (Very heavy accent). He said my first name but a totally wrong last name. He said that his name was Sam and he was calling from a legal department and something about having me or my attorney call them back ASAP before legal action was done upon me. He said not to ignore his call and then wished me luck if I didn't call back. I know this is a scam and will be saving all the calls I get to present to my "real" attorney!!
Alex Miller was his name told me if i or my attorney didnt call good luck with the unfolding of something
I couldn't understand a word he said
Called my local State Attorney and they gave me some advice that would waste tax dollars.....they left me messages stating I was going to be sued?
Calls started at 7:00 am ...called they said they were the state att. office in Corte Madera,CA...middle eastern reversed look up on number the owner lives in Boston MA..... stated my attorney needed to call them back ASAP........
That call number was probably "spoofed" = faked. You are not called before an arrest warrant is issued. You might call the real DAs office to confirm & report the call.
I got a call from 415-548-1056 saying they were from the San Francisco District Attorney's office and that I would be arrested if I did not pay $698 within 1 hour.
Debt collectors cannot "serve" you warrants or court summons or say they'll arrest you, and it's illegal for them to tell you they can/will do so. They make it sound scary because they want people's money and don't want them asking questions before they get it. DO NOT FALL FOR IT.
Always get debt validation MAILED (not faxed, not e-mailed, not read to you over the phone, it must be MAILED!!) to you, don't just pay someone because they harass you.
At the end of the day, if you're scared you'll be arrested - CALL YOUR LOCAL POLICE. They'll tell you the EXACT same thing.
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.
http://800notes.com/forum/ta-86217073a9c8dad/ ... 077595690349410
Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing?
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer?s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
A Collection Agent May Not?
Here are the top 11 actions prohibited by the The Fair Debt Collection Practices Act:
Misrepresent Him or Herself
A debt collector may not misrepresent himself as an attorney or law enforcement officer.
Use the Telephone to Annoy or Harass
A collection agent may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with an intent to annoy, abuse, or harass anyone at the called number.
Threaten Arrest or Lawsuit
A collection agent may not threaten a consumer with arrest. It may not threaten legal action that is either not permitted or not actually contemplated. In other words, a the threat of a lawsuit may be an empty one.
Use Abusive or Threatening Language
A debt collector may no use abusive or profane language in the course of communication related to the debt.
Publish a Bad Debt List
Publishing the consumer?s name or address on a "bad debt" list is prohibited.
Contact By Embarrassing Media
A debt collector may not communicate with a consumer by post card. It may not use any language or symbol, other than the debt collector?s address, on any envelope when communicating with a consumer by use of the mails or by telegram. A debt collector may use its business name if such name does not indicate it is in the debt collection business.
Contact a Consumer at Work
A collection agent may not communicate with consumers at their place of employment after being told this is unacceptable or prohibited by the employer.
Seek Unjustifiable Amounts
A debt collector may not demand any amounts not permitted under an applicable contract or as provided under law.
Contact a Consumer Represented by an Attorney
A collection agent may not contact a consumer after it learns the consumer is represented by a lawyer.
Communicate With a Consumer After Receiving a Validation Request
If a consumer sends a written §1692g response within 30 days, the collection agent may not communicate with the consumer until it mails the consumer the requested verification of original creditor's name and address.
Communicate With Third Parties
A debt collector may not reveal or discuss the nature of a consumer?s debts with third parties other than the consumer?s spouse or attorney. A collection agent may contact neighbors or co-workers only to obtain location information. It may contact a third party again if it has reason to believe the information the party provided previously is false.
Bills.com FDCPA FAQ
Below are questions Bills.com readers ask frequently:
Can a Collection Agent Call My Cell Phone?
Yes. However, if you tell the debt collector it may not use that number because it is a cell phone, it may not contact you again at that number.
I Keep Receiving Dozens of Calls From Collection Agents. Is That Legal?
No. Unscrupulous collection agents will use "block parties" or "office parties" where they contact a consumer, multiple neighbors, or co-workers telling them they need to reach the consumer on an urgent matter. This is not permitted under the FDCPA.
A Collector Says I Will Be Arrested if I Do Not Pay
This was a true statement before the US Civil War, but has not been true since. People may be arrested if an aggressive judge files a bench warrant for a person who does not appear at a hearing relating to a lawsuit regarding a debt. However, in that case, the offense is the failure to respond to a court order, and not the existence of the debt. As stated above, it is illegal under the FDCPA to threaten a consumer with arrest if the consumer does not pay the debt.
I too received two threatening calls, one of them at 4:56am today. I am not calling back as I do not have anything pending in Federal Courts.. I'm actually waiting for a case that I filed with the IRS to clear up as someone stole my identity this year and tried to file Federal Income Taxes under my social.
I, like all of you, revived a call from this number. Upon not answering the guy left a message claiming to be John Smith, he then threatened me, demanded for me to return the call & then wished me "good-luck" for the events that were about to unfold "on" me. This same person called me yet again and claimed to be someone different. I couldn't hardly understand them this time but he was laughing so hard he couldn't get the voicemail out. I'm sure they will continue to call because they just started. So...to be continued...
Got the call today they left a voice mail. Could not understand much of anything except sounded threatening but when I looked it up it was from the same location and I believe the same number from a call I got a few years back threatening to have me arrested if I could not pay them for a bad check after many calls my daughter called him and in time threatened to come kill her, me and her kids
---> I don't even know who these people are they call back to back all day long threatening to sue me and my regional attorney <---
The caller type for this number is not "Debt Collector." It is "failed standup comic." Get me a ticket for his show and I'll show you how to heckle someone off the stage in tears.
This guy called from this number said he was a Federal Attorney and I culdn't understand what the heck he was saying. I hung up and he called me again. I didn't answer phone and google this number 415-548-1056. I called him back and he said he was a federal attorney. I couldn't understand what he was saying and I hung up because I don't have anything with the federal courts or any court for that matter.
I received a similar call a few minutes ago. Someone with a very thick Middle Eastern calling himself David Smith left a very similar voice mail to the ones that have been documented. I knew it was a scam as soon as I heard the message. I decided to take a different approach. I called them back. "David Smith" pretended he could not hear me and disconnected the call. I called back again and told him that I would be contacting the real DA's office and the FCC and to cease and desist immediately. I'm curious to see if I receive another call.
just called me and left a message. could not even understand what this idiot was saying. sounded like he had a mouth full of marbles. Anyways the message was that he was from legal and that I needed to call him asap. yeah OK. If he calls again I'm gonna bury him on the phone!!!
I have been getting these calls all day today saying that I'm being sued and facig jail time at first it made me say "WTF" to myself but then I heard his story change up. They even had the nerve to call me from my old Navy Base number lie and say that we were on a 3 way call. I hung up and called the base back and told them sorry my signal dropped and they informed me that we never spoke and as I was on the phone with the base, they called me again from the exact same navy base number. But exact same people, same names and voices. Be careful out there people, I haven't heard back from them YET, but we'll see
These so called people keep calling my cellphone. I cant understand them at all . I played the message to my lawyers and they laughed. They called the number a Pakistani man answered . When my lawyers office id himself they hung up fast
today i received the same call. i yelled at them to never never ever call my number again its been quiet we'll see if you call the number back out of curiousity its a person disguising his voice like a american man saying he was a lawyer
i got 5 calls from them threatening me to call back if I don't they will sue me and they wish me luck. he said to call alex marshall back and when I do I don't get through
left message at 7 am stating he could only wish me good luck if i didnt call have my attorney call him back.
I also have received these threatening calls back to back all day long. There were voice mail messages left by someone with a middle eastern accent with a name of Roy Smith. They said something about trying to sue me and a regional attorney. Sounds like a scam.
I don't even know who these people are they call back to back all day long threatening to sue me and my regional attorney