Internet's first get-out-of-debt community - 122,000 members

Someone at this number 1 800 392 3100 is planning to sue us for the amount we owe of seven thousand seven hundred dollars ...This is for an unpaid bill that we had with union bank credit card. IT started in collections in may of 06 and we did not respond to their repeated calls and now in febuary 07 we are being sued..An attorney named Douglas Radcliff is suing us he wants us to pay them the 7700 dollars we owe by the 19th of febuary...This is not possible. We are willing to make monthly payments i told him but he does not want to hear it..Do you think this is legit? Do you think they really are going to take us to court? They said that someone is going to show up at our house in a few days...We do want to pay this i lost my job in may and i was the one paying it..Its my fathers account though he is disabled from a stroke and he has a pension he gets every month for 1400. THey are really scaring me...What can they actually do? Can they touch his bank account? We are willing to make payments in increments montly but they dont want to hear it...He sounds very threatening...I feel so bad for my father since i got him into this i kept putting it off till now...The collection agency was atlantic express who gave it over to this attorney...My friend says its a scame that they are all the same thing...i need feed back please..If we show up at court what can they actually do to us? Any info is appreciated thanks

Posted: Sat Feb 10, 2007 10:21 am Subject:

What state are you in? What they can actually do after getting a judgment depends on state law.

I would first check with the state bar of your state to see if Douglas Radcliff is really a licensed attorney. If not, he committed a FDCPA violation.

If someone does show up to serve papers, make sure you accept them so you know exactly what they are asking the court to award and why. Make sure the amount is not inflated. You can't fight anything if you avoid service.

Posted: Sun Feb 11, 2007 5:48 am Subject:

First of all, they can't seize anything from you, bank account or otherwise, unless and until they actually get a judgment against you, so try not to worry about that for the moment. (I know, easier said than done, but try.)

Have they sent you any documentation proving that you owe this money? If not, send them a letter asking them to send you all the documentation they have proving that you owe this money. Inform them that they are not permitted to take any further collection activity unless and until they give you the documentation that you require. Send the letter Certified Mail, Return Receipt Requested, so that you have proof you sent it and that they received it. Their February 19th deadline is probably a bluff (a scare tactic), but just in case it isn't, you might want to send the letter Priority Mail, or even Overnight, to make sure that they get it ahead of the deadline that they've set for you.

If they receive your letter and sue you anyway, they are violating federal law, and you can countersue. If they receive your letter and don't validate the debt, federal law prohibits them from taking any action against you. Finally, if they *do* decide to validate the debt, it typically takes a few months for that to happen, during which time you can start learning about the laws regarding all this, reviewing ways you can handle the situation, and so on.

Don't be scared of people like this. Once you've learned about all the different ways you have legally of protecting yourself from them, you'll be amazed that you were ever afraid of them. Good luck.

Guest · Posted: Tue Feb 27, 2007 4:00 pm Subject:

Yes I was contacted by comypany called : "Genesee Valley Associates" yesterday(2-26-07) about my money I owe, they told me they are going to file a atterney on me, they say they will settle for lower amount right over the phone right now, I told them I dont have it!
They that this can take place at my home or employment, some will come to me to proceed with me going to court!

Posted: Tue Feb 27, 2007 4:22 pm Subject:

Genesee Valley Associates is coming up as being from New York. Phone number not giving me squat.Let me dig deeper and we'll see.

Posted: Tue Feb 27, 2007 4:25 pm Subject:

Courtesy of www.bbb.org.

Posted: Tue Feb 27, 2007 4:28 pm Subject:

Courtesy of secretary of state New York.

LSM · Posted: Wed Mar 07, 2007 7:40 am Subject: GENESEE VALLEY

They also have called and threatened us as well, they have gone as far as contacting the neighbors around us continuing their harassment, we have turned all this into our attorney, we agreed to a payment with them and they ran it through our account for 6 times the amount. Now they will deal with our attorney.

Bill Collector · Posted: Wed Mar 07, 2007 6:09 pm Subject: in response to hngboyuc27

Saying that you want proof of your debt makes me laugh. I'm a bill collector with a well respected company. I don't have to threaten anyone or use unlawful tactics. It makes me laugh to think the company you owe the debt to sent you numerous statements and letters trying to resolve the debt and you wait until an attorney's involved to scream foul play. Just pay your bill!!!

Posted: Wed Mar 07, 2007 6:30 pm Subject:

Oh what a riot! How about I pay the original creditor and cut out your commission completely!Then you can go flip burgers,you might earn more money there! Laughing

Guest · Posted: Wed Mar 28, 2007 6:14 am Subject: GENESSEE VALLEY ASSOCIATES - SCAM

Credit bureau information is now being used for a fake debt collection scam. If you receive a call for an alleged debt that they claim is nearly 7 years old or more for a loan of many thousands of dollars possibly from a Utah credit union. Warning, this is a scam. If the caller is calling from Genesee Valley with a phone number of 585-278-1691 and the caller uses the name Mike Rush and leaves a call back number of 1-800-921-0001, be aware. He will tell you that you owe $10k or $15k and he is willing to except $8k or $4k to settle the debt, hang up and call the federal trade commission or use this link, FTC.gov and file a consumer complaint. Under the Fair Debt Collection Practices Act you are entitled to verification of the debt. A phone call is not verification! Also if the debt is over 6 years & 9 months old they can not collect it, even if its valid, except in rare circumstances and then only as directed by your attorney. In other words this type of scam is the last desperate act of a collection agency that is powerless to get some free money or a scam by someone that has your personal info.

Posted: Wed Mar 28, 2007 7:28 am Subject:

Posted: Wed Mar 28, 2007 7:33 am Subject:

I know that Soaplady! In that case he gets his money and my blood pressure stays right at the normal level it should. I just prefer not to deal with a CA unless a person has absolutely no choice in the matter. The reason being is I am just like you,if they can't follow the rules,we are going to court!!

Guest · Posted: Thu Mar 29, 2007 12:44 pm Subject: response to guest post

A debt in most states never becomes invaild. It will just fall off your CBR starting after 6 years 9 months. That does not mean you are obsolved of the debt. Also, most accounts will continue to gain interest after the chargeoff date. The only thing a CA cannot do, per the contract signed for the account, is change the rate of which the interest gains. The verification you ask for should be able to be provided by either your own records, or your CBR.

To respond directly to the Cajunbulldog: A CA will usually respond to what the debtor gives them. I am a debt collector, I have had many good experiences with debtors on the phone as well as many bad experiences. The debt collector will never state that they are going to sue someone who is wanting to take care of the bill. So pay your bills or pay the price!

Guest in Texas · Posted: Wed Apr 11, 2007 10:04 am Subject: Collection Agencies

It seems that collections agencies have a reputation - one that has been reinforced in my view by the comments made from an employee of such an agency. I will not pay a debt created by my ex-husband and I will not respond nicely to illegal methods of collecting. Harrassing and threatening to sue me are not methods to which I respond to - but my attorney will be happy to assist you.

I also have been contacted by the Genesee Valley Associates. They have called my family and my workplace demanding that I answer due to a "time sensitive" matter. My office manager has told them to contact my attorney and *SURPRISE* - my attorney has heard nothing from them.

Good luck to those having to deal with similiar issues.

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Internet's first get-out-of-debt community - 122,000 members

does anyone know number 800 392 3100? im being sued help!

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