888-526-4581
Ask for Proof Of Debt In Writing
Ask for Proof Of Debt In Writing
2014-02-04 05:08:37
Unknown
Different company called me a few years ago and did the same thing.  By law, any debt collector (agency that has purchased original debt from creditor) claiming you owe a debt must send you information specific regarding the debt if you request it in writing.  If collector will not give you the requested info. but continues to try to collect, you can actually sue them.  They use fear to try to get people to pay......and be careful, many of these post from people saying they paid are actually from the companies trying to convince you to pay.  

Read below......

Information copied from NOLO Law for All and was written by Stephanie Lane
Nowadays, it?s common for people to receive collection letters or to be served with a lawsuit by a creditor or collector that they?ve never heard of. This often happens because creditors assign debts to collection agencies or sell them to ?debt buyers.? Luckily, federal and state laws give you the right to demand information about the debt (called debt verification). And if the debt buyer or collector cannot produce documentation of the debt, you can raise this as a defense to a lawsuit.
Why Is It Important to Get Documentation of the Debt?

The servicing, buying and selling of debt has become so commonplace that often the original creditor does not have the account for very long. This is especially true if you have fallen behind on payments. Collectors and businesses you never heard of before may barrage you with telephone calls and letters.

Often, these calls and letters contain no information that will enable you to identify the debt, such as the name of the original creditor and account number. This makes it impossible to know if the amount sought is correct, or if you even owe the debt at all. In addition, it?s seldom clear who you are dealing with: is it a bill collector working for a creditor or an actual creditor? That distinction can be important under federal debt collection law.

So what can you do to dispute the debt when a creditor or debt collector has failed to provide you with supporting documentation verifying the debt? Both federal and state laws provide some options, depending on whether you have been sued or not.
Before You are Sued: Requesting Verification of the Debt

If you are contacted by a debt collector, the Fair Debt Collection Practices Act (FDCPA), and many state debt collection statutes, provide you with an important tool: the verification letter. Under the FDCPA, if you send the bill collector a letter that disputes the debt and/or requests verification of the debt within 30 days of receiving the initial written notice of the debt (called a ?dunning letter?), then that bill collector must:

   immediately stop its collection activity, and
   send you information verifying the debt, such as an account statement.

The debt collector cannot continue its collection efforts against you until it verifies the debt. There is no time limit for the debt collector to respond. For instance, if six months have passed since you requested the verification, the collector cannot just resume calling or writing you to demand payment.
What Constitutes Debt Verification?

While some federal courts have held that this verification requirement does not mean that the creditor has to keep a file on that debt, at a minimum you are entitled to:

   a description of the amount owed, and
   the name and address of the original creditor.

Debt Verification Only Applies to Debt Collectors

It?s important to understand the difference between a debt collector and a creditor. The federal verification obligation does not apply in instances where the creditor is the one trying to collect a debt from you. However, according to the Federal Trade Commission, a business that buys delinquent accounts from original creditors and then attempts to collect on these accounts is a ?debt collector? for purposes of the FDCPA, even if it doesn't hire someone else to do its collections work. For example, if the entity contacting you holds itself out as the creditor but is in the business of buying old delinquent credit accounts and then collecting on them in-house, then it is subject to the debt verification rule.
What Happens If the Collector Does Not Verify the Debt?

If a debt collector fails to verify the debt but continues go after you for payment, you have the right to sue that debt collector in federal or state court. You may be able to get $1,000 per lawsuit, plus actual damages, attorney?s fees, and court costs. Under some state fair debt collection acts, you can get more than $1,000 in statutory damages.

The debt collector may be able to shield itself from liability if it is able to prove that its acts and omissions were unintentional and in error. However, it will have to show that it had a procedure in place to prevent the situation from happening.

(For more specifics on how to request debt verification, see Nolo?s article Debt Verification.)
When You Are Sued: Getting Documentation of the Debt

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must:

   attach to the complaint a copy of the account or written contract or agreement, or
   state in the complaint why the account or document is not attached.

This is often referred to as the ?attachment rule.?

If the creditor or debt collector doesn?t do this, you may be able to get the lawsuit dismissed. Or, you can ask the court to require the creditor or debt collector to provide the missing documentation and information. This is often called ?requesting a more definite statement.? In either case, you?ll have to prepare and file a formal motion with the court.
What Documentation Must the Creditor Provide?

But what must the creditor provide by way of documentation? At a minimum, it must produce:

   A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you.
   If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt. This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an ?assignment?, or a receipt between the last creditor holding the debt and the entity suing you.

What If the Collector Cannot Produce the Assignment?

If the creditor or collector suing you fails to produce proof of the assignment, then you can ask the court to dismiss the lawsuit. Again, you?ll have to prepare and file a formal motion with the court.
Counterclaims if the Collector Did Not Previously Verify the Debt

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt.

(To learn about other defenses in collection lawsuits, see Defenses to Credit Card Debt Lawsuits.)

This information
Robert
Robert
2011-06-06 21:05:37
Unknown
The F***ing Sheriff came to my job 3 hours after these a**holes  called me. I cant afford to get garnished. What can I do besides bankruptcy? I can't afford that either. Can any one help me? I live in Virginia.
Fast Freddy
Fast Freddy
2011-06-06 21:05:37
Unknown
I was garnished before and I have a court appearance because of these a**holes next week. What can I do to stop this bu***hit? I live in Ohio
crazt cat lady
crazt cat lady
2011-06-06 21:05:37
Unknown
trying to find out who these people are
Eli K
Eli K
2011-03-28 19:31:40
Unknown
I was served by these guys on Thursday to appear in Bexar court next month on a credit card bill. I think they might have called me before but I never got anything in the mail. Is that legal? I am in the military and don't want my check garnished
Cuzo
Cuzo
2011-02-25 05:39:22
Debt Collector
I kept recieving calls at my job which was embarassing. so i happen to be at work last week when they called and left me with a 866 number and case number. I called they said i owe 2700 immediately or they will have to serve me this week to garnish my wages.. He kept saying "hold on let me talk to the attorney" and putting me on hold. 1st time while on hold he came back to settle the debt for 1200, 2nd time 800, which i had no money. so i told him i will call hin back in 15 min i have to call my mom. I called back with my mom on the phone, boy did she let him have it loll she asked him what company he works for, andhe said PL Group. My Mom then asked what PL stands for? the dude replied "It's just P.L" LMAO so she got upset and hung up and left me on the phone. He said he needed 800 in 2 days! i replied "i dont have that" he said "well we will have to garnish your wages".then he said AGAIN "hold on let me talk to the attorney" then came back to settle it back to 1200 from 800 WTF!!! So i agreed due to i cant have a judgement on my credit report. but if he does not send me the email documents about my arrangments im cancelling my card and whatever happens just happens...God works in mysterious ways...
Ron
Ron
2011-02-25 05:27:51
Debt Collector
Test
worried
worried
2011-01-04 15:41:04
Unknown
Do you have an address where you sent the payments. I got a call from the same company but keep getting voicemail when I call. I just want to start paying them.
Jim
Jim
2010-12-21 23:53:43
Unknown
Filing a complaint with the FTC is fine, but filing with you State Attorney General's office will get better results (this can be done online in most states).  The agency must answer the complaint, unlike an FTC filing.  The tactics I've read in all of your postings are clearly violations of the FDCPA.

It is illegal to sue, or even threaten to sue, for a time-barred debt, but the expiration of the statute of limitations does not extinguish the debt itself (except in Mississippi, Wisconsin and North Carolina).  Be mindful of your state's statute of limitations though, every state is different.  They can be anywhere from 3 to 6 years.

Also be mindful of a few of the other postings in this string.  There may be some plants intended to suggest some legitimacy in the suit threats.  Most likely from the agency themselves.  I find it disturbing that no one in this entire string can accurately identify this company?
Kim
Kim
2010-12-16 21:00:18
Debt Collector
I received a call from these people yesterday they left a message like all the previous posts about a summons being served so I called the number when I asked them to send me written verification that this was my debt they hung up on me so I called back and was hung up on again received another call today answered was tols the summons thing again called the # again and as soon as I gave them the case number I was hung up on again twice.
Dianna
Dianna
2010-12-10 17:19:50
Debt Collector
Just received a phone call from Jessica Gonzales myself asking me if I am going to be home so a process server can show up at my house.  Well for one thing like I would tell someone whether I am going to be home or not. And another why not tell me what the phone call is about in the first place. The woman did not say where she was calling from just started demanded to know if I was the correct person.  This woman had me wondering what the heck was going on.  After reading the posts on here atleast now I am not so worried I have figured out what it is.  I had a Continental credit card like5 years ago.  I don't think I ever even used the card and they are trying to say I owe them over $600.  They can send a process server all they want still can't get money from me when I don't have a job or any money coming in.
Lisa
Lisa
2010-11-19 17:39:39
Unknown
These people have been calling me for about 2 and a half years now and leaving voicemails about serving me with a summons and something about a court date.  They still haven't done anything about it, don't even know who these people are.  Just scare tactics, relax..
elaine
elaine
2010-11-02 00:34:23
Unknown
If the debt is more then 3 years old, they do not have a case, they are making fraud threats, report them to ftc.

DO NOT GIVE THEM YOUR INFO.

If served, fight them in court.
teri
teri
2010-11-02 00:33:07
Unknown
The case # they give is not a COURT CASE #, it is their case #, they are bottom feeders trying to make a buck.

DO NOT GIVE THEM YOUR INFO..report them to the FTC
Teri
Teri
2010-11-02 00:31:55
Unknown
Yes, they are bottom feeders trying to make commission by making illegal threats.

REPORT TO FTC and if SERVED, go to court and file a dismissal
Elaine
Elaine
2010-11-02 00:30:37
Unknown
It is illegal to threaten, file a claim with FTC, this is a scare tactic into giving htem your info- DO NOT, if served, file a dismall with the courts.

These are bottom feeders looking for commission for old debts
Teri
Teri
2010-11-02 00:29:36
Unknown
Report them to the FTC for harassment
teri
teri
2010-11-02 00:29:07
Unknown
You have to file the correct paperwork at the court where the garnish was filed
Elaina
Elaina
2010-11-02 00:28:38
Unknown
In order to serve you, they have had to already file papers with the court, they are using threat teq. which is illgal repoert them to the FTC.

If served, make sure you file a reply asking them for paperwork and if debt over 3 years old ask court to dismiss

they are Bottom Feeders debt collectors working on commission
dana
dana
2010-11-02 00:27:03
Unknown
Make sure you file a reply at the court and ask them for orignal papers with your info ( they will not have) have them validate the debt and ask for a dismall, www.budhibbs.com ...
BLLNMRY
BLLNMRY
2010-10-26 16:02:52
Debt Collector
Recieved a phone call at work saying they had a summons for me.   I inquired as to the nature of the summons and they gave me 888 526 4581  to call with a case number.   I called and talked to ANTHONY BROWN and he informed me that I owed 6000  on a dell computer.   He said that they just got control of all the loans  from dell financial and any agreement before  Sep 25 were null and void and the total was due immeadiatly.   The 6000 included 3000 lawyer fees , 2000 for the original debt, and 1000 for admin fees.  I told him that primary financial services were still drafting on my bank account.   He said he could settle for 2000 or I could make arrangements to pay it out including all extra fees.
I offfered to pay 75 per month on a draft and was informed since the total was so high, it wasnt enough.
He asked if I could pay the 2000 and I said no, to which he replied, "we have no choice but to serve the summons tomorrow at work.   When I got home and opened my mail, I found a letter from primary financial services reminding me that they would draft on my bank account Oct. 29 and that the total balance of my debt was 1071.68 .
Bcraig
Bcraig
2010-10-25 00:33:23
Unknown
Make sure you get something in writing stating what they are willing to settle for. Chances are they wont. They told me I couldn't get anything in writing because they were serving me and taking me to court. That has not happened yet. The court date they gave me had come and gone and did not exist in the first place according to my county court house. Any way, I talked to another guy there who said he would settle the 2000 dollar debt for 600 bucks out of court. He wanted my debit card number right away. I did not give it too him because from what I've herd from others is that they will drain your bank account.  Get a written agreement and send a check if you want to settle. Keep in mind that a paid collection is considered the same as an unpaid collection when it comes to credit scoring.
JC
JC
2010-10-21 18:06:09
Debt Collector
Are they legit or not? I don't care about the lawsuit, summons, judgement....etc. Are they representing the original creditor? The fact is we all obviously had a creditor, ran the debt up, and now can't pay it for whatever reason....I AM NOT INTERESTED IN DISPUTING THEIR METHODS - I JUST WANT TO KNOW IF I SETTLE FOR 200 ON A 1900 'BALANCE' IS IT LEGIT?
Lisa
Lisa
2010-10-21 03:32:09
Unknown
I got a call from private number couple days ago from Jack Ericson too left me the number 888 526 4581 and case number,told me to call  them back, he said somebody will come out to my house from 11- 4 oclock  bla...bla...bla  and that i been sue by someone . So call my lawer , he call them and told them that he will report them to state general attorney,they said they dont have anybody name Jack Erison and hangup on him,untill now I dont see anybody come out .
Tyler
Tyler
2010-10-21 00:10:03
Debt Collector
Same thing just happened to me.  Private Number on the phone, gave me the number 888-526-4581.They wanted to know if I would be home to accept paper work and then asked if I wanted to talk to some one in the legal department.  Since this has happened to me before, I said no, give me the phone number and the case number.  I am pretty sure that no one is going to show up at my home.  Will be changing the home number now!!  I'll update if some one does show up.
Lamet
Lamet
2010-10-07 18:43:03
Unknown
Did you call the local courthouse?   They can verify whether a lawsuit has been filed or not.   Its important that you DO THIS!  You need to verify yourself before you are served

They cannot serve you if they have not filed with the courts first.  

Claiming that they have filed and are serving you when they have not is ILLEGAL

It sounds like they are using illegal scare tactics on you.  

Process servers do not call - they just show up.   And they probably would not be referring you to the collection agency to work "something out" before they serve the papers.  That is not their jobs.


Important information YOU must read to protect YOURSELF from debt collectors and their ILLEGAL/Questionable tactics
http://800notes.com/forum/ta-1dfc387cc01e03d/ ... illegal-tactics

Why it is SO IMPORTANT to at least CONSULT with an attorney
http://www.collectorsexposed.com/forum/index.php?/topic/3391-why-we-say-get-a-lawyer/


These links are to attorneys for those being scammed

www.naca.net

or

www.consumerjustice.com/consumer/searchattorneys.aspx


Please keep this thread posted on what happens!
Carrie
Carrie
2010-10-07 18:34:39
Debt Collector
Yesterday afternoon I received a phone call from a witheld number. When I played the message back it was from a Jack Ericson, who stated he was from the legal dept. of my county. A summons had come across his desk and an officer would be at my residence between 12:30 and 5:30p to deliver a summons. He stated that a civil suit had been filed against me by a financial institution. He slurred the name of the institution, as to where I would not understand what he said. He left the number 888-526-4581 with my file number to return the call.  When I returned the call, I got a voice message, where again the name of this group was unidentified. I did some research and found the name to be DF Group. Last night at 9pm, my brother-in-law received a phone call, an unidentified man said that he was looking for me because a police officer was coming to my home to deliver a warrant. I received many frantic phone calls from family members thinking a warrant had been issued for my arrest! These guys are scum and operating outside of the boundaries of the FDCPA. I am reporting them to my state attorney general as well as the FTC. They cannot relate senstitive information about me to anyone! I encourage anyone else who has encounters with this DF Group to report them to your local atty general and the FTC. They need to be put out of business.
Bcraig
Bcraig
2010-10-03 20:58:48
Debt Collector
I have recieved two calls. The first was a message from Jessica Gonzolas and stated that a process server along with a uniformed agent would be out to my house between 11 to 3:30 pm and to call 888-526-4581 with my case number. No one showed up. I called and an agent said they were going to sue for over 5000 dollars but they could settle out of court for 2000.  They said I had a court date of Oct 13,2010. I requested written documentation for a settlement offer but they claimed they could not because its time sensitive. I went to the county court house to inquire about the court date. There was no court date any time at all for me and the clerk stated she has no idea what these people are talking about.
jaybiz
jaybiz
2010-09-24 18:25:52
Unknown
Did they ever gave you a receipt and confirmation number for your first payment. I was just curious because I only a confirmation number.
SomeoneHelpful
SomeoneHelpful
2010-09-22 19:38:17
Unknown
This number belongs to Continental Finance- MasterCard. If you owe them make sure you pay them or make arrangements to pay them because they will hire an attorney to contact the local sheriff's department to serve you a summons to appear in court. That's what happened to me, I got a call from Sheriff's Dept. saying they had a summons for me and if I would be at home, they told me my address and I replied that it was correct. They said that they would come and serve me the summons and if I would be at home. I asked what it was about, and they said it was a sealed summons, so they couldn't look up exact details but they were provided with an 800 number for me to contact. They told me if I contacted 1-888--526-4581, the clients that hired them to serve the summons, I might be able to resolve whatever issue. They said they recommended contacting that number because if not, if they didn't receive an email from them saying not to serve the summons, they would come looking for me. So I called, and I did have prior debt I forgot about, since it was going to a different address (the correspondence). I made arrangements with them to pay $100 monthly for 9 months. So, I'm okay now. :o)
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