Beck Creek Industries calling on old, sold off, non existant debt. Don't help them! They are scamming people.

THANK YOU EVERYBODY! Did I hear a ClassAction Suit???? SIGN ME UP!!! The more I read from Department of Consumer Affairs, Consumer Resource & Referral Guide (Pasted below). IT IS A LOT TO READ, BUT I TOO AM TIRED OF THESE MONEY SCAMMERS HARRASSING MY FAMILY & EX-HUSBAND TOO!California Secretary of State's website shows that Becks Creek Industries, Inc. was incorporated in November of 2007(THANKS FOR THE INFO)SO, LET'S DISSOLVE THE CORPORATION!?!ARE THESE PEOPLE LEGALLY STEALING IDENTIES AND GETTING PAID TOO???? They called my dad who was told that if he knew where I was, he had better tell them because I was FRAUDULANT AND They had a warrant out for my Arrest!!!AND I HAVE MR.RAY NELSON'S,Director of Operations of Becks Creek Industries SIGNATURE- AMY MC DONALDS LETTERHEAD-writting me that I owe Beck's Creek Industries, Inc. $3,446.73 BECAUSE MY ACCOUNT HAS BEEN SOLD TO THEM AND IF I VOLUNTARILY PAY, THEY WILL SEE IF I QUALIFY TO LOWER MY INTEREST TO 10 Percent!!! I never bothered to look at who signed the letter, til I read all the same things that happened to EVERYONE ON THIS SITE! AND WHY IS IT NOT ON Becks Creek Industries LETTERHEAD- WHY AMY MC DONALDS-    OH YES AND THEY SENT ME POSTCARDS!!!  VERY ILLEGAL

SO, MAYBE THEY SOULD BE HAVE A TASTE OF THEIR OWN MEDICINE AND TAKE ALL THE PANIC AND ANXIETY OF BEING SLANDERED AND WORRYING MY FATHER BY LYING AND TELLING HIM THAT HIS LITTLE GIRL HAS A WARRENT OUT!! HOW MANY LIVES DO YOU HAVE TO STEP ON, FOR WHAT IS NOT LEAGALLY YOURS, NICE TRY, IF YOU DONT HAVE A PLACE TO GO TO WORK, NO CORPORATION TO DO YOU THEIVING THROUGH, AND YOU WILL NOT HAVE MONEY, I THINK YOU HAVE STOLE ENOUGH!!!!
What they are doing is FRAUDULANT, not me!! TAKE A LOOK IN THE MIRROR! PLEASE, JOIN ME IN SHUTTING DOWN THIS COMPANY SO THAT MAY NEVER HURT AND SCARE ANOTHER PERSON AGAIN AND/OR STEAL THE MONEY THAT SHOULD GO TOWARD PAYING THE PROFESSIONAL CREDIT COLLECTOR'S WHO ARE NOT ABIDING BY THE LAW! is the kind of claim that ordinarily necessitates judicial action to CLOSE Becks Creek Industries,Inc.; and I Pray that Amy Mc Donald is not a part of this, I would hate to see her Loose her Law Degree; and I am sure she would never PRACTICE LAW AGAIN!  THIS IS FEDERAL!!!  I will be filling out complaints for the rest of this evening so Please, do the same and MAKE A DIFFERENCE FOR THE FUTURE HARD WORKING PEOPLE THAT DO NOT DESERVE TO BE  HARRASSED AND THREATENED AND SLANDERED! I CAN LOOK AT MYSELF IN THE MIRROR, BECAUSE IT IS THE RIGHT THING!  Thank You, I will try to keep it shorter next time!  Bekkster7707@gmail.com
Article 2.7
Misrepresentations
A collector may not pretend to be a court, government agency, or anything that it isn't, or make any other kind of false or deceptive representation. The following specific rules apply:

1. Misrepresentation of identity. It is unlawful for a collector to use any name other than its true name, or to otherwise misrepresent its identity or function. This rule is discussed in Article 2.2, Disclosure of Identity.

2. Deceptive simulation. It is unlawful for a collector to: (a) use any form of demand for payment or other written communication that simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any state;90 (b) use any form of demand for payment or other written communication that creates a false impression as to its source, authorization, or approval;91 (c) use stationery bearing an attorney's name, or give a communication the appearance of being authorized or approved by an attorney, unless the communication is by or has been approved by that attorney;92 (d) make any communication that gives the appearance of being authorized, issued or approved by a government agency;93 or (d) make any communication that simulates legal process.94

3. Pretending to be a collection agency. It is unlawful for a creditor to use (and for anyone to design, produce or furnish) a demand letter or form that falsely represents or implies that a debt collection agency or some other third party is participating in the collection of a debt.95 This prohibits what is known as "flat-rating," in which an individual sends a delinquency letter to the debtor portraying himself as a debt collector, when in face he has no real involvement in the debt collection effort.96 In that situation, the creditor is considered a debt collection agency for purposes of the federal statute and its standards and penalties.97

4. Affiliation with another entity. A collector may not collect or attempt to collect a debt by making misrepresentations of any of the following kinds: (a) misrepresenting that the collector is vouched for bonded by, or affiliated with the United States or any state government;98 (b) misrepresenting or falsely implying that any person is an attorney or that any communication is from an attorney;99 or (c) misrepresenting or falsely implying that the collector is, or is employed by, a credit reporting agency.100

5.Character, amount or status of debt. It is unlawful for a collector to: (a) falsely represent the character, amount, or legal status of the debt,101 or (b) falsely represent any services rendered, or any compensation recoverable, for the collection of a debt.102 (These are also considered "unfair collection practices,"; which are discussed more fully in "Amount or charges lawfully owing,"; in Unfair Collection Practices, Article 2.6.)

6. Legal right to assert claim. The collector must have the legal right to collect the particular debt.103 It is unlawful for a debt collection agency to falsely represent the legal status of the debt as one that has been assigned to it.104

7. Past or intended future action. A collector may not attempt to collect a debt by means of any of the following false representations of past or intended future action: (a) that information concerning nonpayment has been or is about to be furnished to a consumer reporting agency;105 or(b) that a lawsuit has been, is about to be, or will be, filed if payment is not made.106 Representations of these kinds are unlawful if they are not factually true.

8. Legal procedure. It is unlawful for a collector to make any of the following misrepresentations regarding legal procedures: (a) to falsely represent or imply that a document constitutes legal process;107 (b) to falsely represent or imply that a document does not constitute legal process;108 (c) to falsely represent or imply that a document does not require action by the debtor;109 or (d) to represent that nonpayment will result in the arrest or imprisonment of any person, or the seizure, garnishment, attachment, or sale of the property or wages of any person, unless (i) such action is lawful, and (ii) the collector actually intends to take such action.110

9. Effect of nonpayment. It is unlawful for a collector to misrepresent the effect of nonpayment by falsely representing or implying: (a) that a debt has been transferred to an innocent purchaser for value;111 (b) that a sale, assignment or other transfer of a debt will cause the debtor to lose any claim or defense to payment;112 or (c) that a sale, referral or other transfer of a debt will subject the debtor to any debt collection activity of a kind prohibited by statute.113

10. Ruse to obtain information. It is unlawful for a collector to use any false representation or deceptive means to obtain information concerning a debtor.114

11. Use of any other false representation or deceptive means. It is unlawful for a collector to use any kind of false representation or deceptive means to collect or attempt to collect any debt.115 Companies that compose and sell debt collection forms and letters are also subject to this rule.116 Deceptive methods of debt collection that are not expressly identified and prohibited by statute, whether engaged in by an original creditor, debt collection agency or forms supplier, may therefore be unlawful.117 Representations are judged by how they are perceived by unsophisticated consumers.118

Action: If a collector makes any false or deceptive representation in its attempt to collect a debt, the debtor should make a written note of the facts, and then inform the collector that he or she objects to its misrepresentation and why. If a misrepresentation has serious consequences or is repeated, the debtor may register a complaint with the FTC. See Part 5.

Article 2.8



Article 3.3
What Rules Apply -- California or Federal?
The federal statute and its remedies are written to apply only to the conduct of debt collection agencies and not that of original creditors. However, as a result of a California law that became effective on January 1, 2000, creditors that are subject to the California statute are also subject to most of the provisions of the federal statute.203 Hence, as a general rule, any original creditor or debt collection agency that is subject to the California statute is now subject to substantive standards and remedies in both the California statute and the federal statute. Where a rule only applies to debt collection agencies, the text in Part 2 uses the term "debt collection agency"; instead of "collector"; to describe who must comply.

Article 3.4
Coverage of Attorneys
Attorneys and employees of attorneys who are employed primarily to assist in the collection of consumer debts, or who regularly collect or attempt to collect consumer debts, are subject to the federal statute.204 They are exempt from the California Fair Debt Collection Practices Act,205 but are subject to professional standards expressed in California's Business & Professions Code,206 which require attorneys to comply with the standards expressed in the California Fair Debt Collection Practices Act.207 As a result, attorneys and their employees are subject to both the federal and state fair debt collection statutes, as well as California's professional standards for attorneys.

California's professional standards for attorneys also provide that whenever an attorney or an employee of an attorney communicates with either the debtor or any other person concerning a consumer debt, the attorney or employee must identify himself or herself, state by whom he or she is employed, and give his or her title or job capacity.208

Attorneys who wilfully violate the professional standards are subject to disciplinary action by the State Bar of California.209

Article 5.2
Overview of California Legal Remedies
1. Lawsuit by debtor. The California statute gives a debtor the right to file a lawsuit and obtain certain relief for violations of its provisions. Recovery is subject to a one-year statute of limitation, and can be sought "only in an individual action.";219 The action can be filed in any California court of general jurisdiction, including small claims court.220 The following kinds of awards are allowed:

Damages: A creditor or debt collection agency that violates the California statute is liable to the debtor, in an individual action (that is, not a class action), for the actual damages sustained by the debtor as a result of the violation.221 Companies that compose and sell debt collection forms and letters (other than attorneys) are liable for damages resulting from their misrepresentations and other prohibited acts.222
Civil penalty: If the court determines that the violation of law was willful and knowing, the creditor or debt collection agency is also liable, in an individual (non-class) action only, for a penalty (sometimes referred to as statutory damages) of not less than $100 nor more than $1,000, in an amount determined by the court.223
Attorney's fees: If the debtor prevails, the debtor is entitled to recover a reasonable attorney's fee from the collector that committed the violation.224 A prevailing collector is entitled to recover reasonable attorney's fees from the debtor if the court finds that the debtor's prosecution or defense of a claim was not in good faith.225
2. Defenses by collector. A collector can assert any one of three kinds of defenses to a claim for damages or penalties for violation. A collector may have a defense if it can demonstrate that: (a) it notified the debtor of the violation and corrected the violation within 15 days after either discovering it or receiving written notice of it;226 or (b) it had established procedures designed to avoid the violation, and the violation was unintentional,227 or (c) the debtor intentionally failed to perform a statutory obligation of the debtor which was pertinent or relevant to the debtor's claim.228 (The debtor's responsibilities are summarized in Part 4.)

3. Remedies for violation of other laws. The California statute states that its remedies "are intended to be cumulative and ... in addition to any other procedures, rights, or remedies under any other provision of law.";229 Conduct that also violates the federal statute therefore may result in remedies under both statutes.230 If the debtor disputes all or part of an alleged debt, and notifies the collector of that fact, the collector has obligations under the Fair Credit Reporting Act that may result in liability if not performed.231 The rule barring recovery of duplicative items of damage bars multiple recoveries of actual damages.232

4. Administrative enforcement. The California Legislature repealed the state's Collection Agency Act233 and its regulations234 in 1992.235 While there is no longer any state agency that is funded and staffed to enforce the statute, the FTC enforces the federal act. For addresses, see paragraph 2 of Article 5.1, above.

Article 5.3
Overview of Federal Legal Remedies
1. Lawsuit by debtor. Like the California statute, the federal Fair Debt Collection Practices Act gives debtors the right to file a lawsuit and obtain certain relief for violations of its provisions, subject to a one-year statute of limitation.236 Action can be filed in any federal district court, or in any other state court of competent jurisdiction, including small claims court.237 If the collector has violated the statute "with respect to"; someone other than the debtor -- for instance, has harassed or abused the debtor's spouse, or has failed to observe that person's request to stop communications -- that person too has a federal right to sue.238 Under the federal statute, the lawsuit can be filed against a debt collection agency that violates the federal standards, but not against an original creditor unless the original creditor represented that it was a debt collection agency.239 An officer or employee of a collector, when collecting debts for that collector, is not generally liable for violations,240 but when the conduct of a manager or other employee meets the criteria for "debt collector"; he or she may incur personal liability for the violation. The federal remedies are:

Damages: A debt collection agency that fails to comply with any requirement of the federal statute is liable for any actual damages sustained by the debtor or other protected party as a result of the violation.241
Civil penalty: The court in such a lawsuit may also award a civil penalty (statutory damages) not exceeding $1,000 if the lawsuit is an individual action. In a class action, the court may award civil penalties not exceeding (a) $1,000 for each named plaintiff, and (b) for all other class members, an aggregate amount not exceeding $500,000 or one percent of the collector's net worth.242
Attorney's fees: The court may award reasonable attorney's fees to the prevailing plaintiff. If the court finds that the debtor's prosecution or defense of a claim was not in good faith, a prevailing party is entitled to recover reasonable attorney's fees from the debtor.243
2. Defenses by debt collection agency. A debt collection agency can defend against a claim for a violation of the federal statute on either of the following grounds: (a) if it demonstrates that (i) it established procedures to avoid the error and (ii) the violation was not intentional and resulted from a bona fide error,244 or (b) if it demonstrates that the challenged act or conduct was done or omitted in good faith in conformity with an advisory opinion of the Federal Trade Commission.245

3. Class actions. While the private right of action for actual damages and penalties created by the California statute can be asserted "only in an individual action,";246 the federal statute allows use of a class action to recover both actual damages and penalties.247

4. Administrative enforcement. The FTC enforces the federal statute against most debt collection agencies,248 but certain other federal administrative agencies enforce it against the entities that they regulate.249 For their telephone numbers and addresses, see paragraph 2(b) of Article 5.1, above.

5. Federal preemption of state law. The federal statute states that its provisions do not displace state law, excepting state law provisions that are inconsistent with federal law. These are preempted, unless they provide consumers with greater protection.250

If you live in Texas, http://www.fugatelaw.com/ is looking for people that have been victimized by Beck Creek/Amy McDonald. If you live in Texas and this has happened to you, please contact these people.

OOPS, sorry for the typo, it's:
Law Office of Amy McDonald

Got a call from Mark Perry at the office. He wouldn't leave any info with the office manager and when she asked if it was urgent he said that whenever you get a call from an attorney it's urgent. Also got a call from Mark Perry at the house on the answering machine. When I called back he couldn't find out why he called me. After about 12 minutes on the line I asked him to call me back when he found the file. He called back in about 20 minutes and said someone else was using my social security number and I should fax a letter back to his office stating my name, SS#, and a note saying I had no knowledge of the person he claimed was using my SS#. When I asked him to fax the request he hung up on me. I realized I had been the victim of phishing and had given out personal information. I called Amy McDonald and asked if she knew of a Mr. Perry at a place called Becks Creek Industries (caller id) She said she used him for some collection issues. I was actually relieved. When I asked if she knew he was representing himself as an attorney at the Law Offices of Amy McDonald she acted surprised. I said she should be careful because that would be fraud. She told me she would call me back today (she didn't) with information on the person they claimed was using my SS#.
I called Mark Perry back to let him know that I was worried about identity theft and that I had a conversation with Amy McDonald. I told him that he shouldn't represent himself as an attorney if he wasn't. He got very rude and abusive and said if I went to his office I would see a sign that said he was an attorney. He yelled at me and told me not to call back or he would file charges on me for harassment and hung up on me again. I went to the office at 231-A S. Lakeview, Placentia and to my surprise the sign on the door says"
Becks Creek Industries
The Law office of
Amy McDonald
866-579-3137
Either Amy McDonald is playing coy and the folks at Becks Creek Industries are committing fraudulent acts by claiming to be her...or Amy McDonald is knowingly letting at least one very rude and abusive individual use her name and  "partnering" with a process server / collection agency. For more info check 866-579-3137.

See 866-579-3137
Google:
Becks Creek Industries
Law Offices of Amy Mc McDonald