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#1
10-21-2008, 07:40 PM
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NCO?
Last month a got a call from a robert mullas from NCO demanding 5k for a credit card that was charged off over 7 years ago. This guy told me that if i do not pay or agree to this debt they will report it to the police, then i will have problems. He told me i used the card, bought merchandise and failed to pay for it, this is theft and it is a felony. I hung up the phone and changed my #. I have a old credit report showing this is charged off in 2000. This is not even on my current credit report. Now i am getting letters from Litow Law office out of cedar rapids Iowa on this matter. I also live in Iowa. With a lawyer sending me letters now, was Rober Mullas serious. I am concerned cannot afford a felony
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#2
10-21-2008, 07:46 PM
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You can't be charged with a felony for a credit card debt. I would start recirding these calls if at all possible since claiming you will be charged with a crime is a crime. When was the last time you paid on this account? SOL in IA from what I can see is 5 years:
[img]/forums/attachments//bsm1_129.jpg[/img] Based on that, this is time-barred by statute
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#3
10-21-2008, 07:55 PM
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BTW....IA is a 1 party state. You can record without informing the other party. Did you respond to Littow with a DV letter w/in 30 days of receipt?
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#5
10-21-2008, 08:02 PM
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No i did not send anything to Litow as of yet i got the letter last week and it was threating legal action. It is nice to know that they cannot win with this. I changed my phone number after the conversation with this Robert Mullas. He would call and leave messages with my kids and mentioned jail. what a pain!
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#6
10-21-2008, 08:12 PM
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DV them before the 30 days has expired. Sample letters are here but tailor it to your situation:
http://www.debtconsolidationcare.com/letters/
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#8
10-21-2008, 11:33 PM
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I would send NCO and the attorney a DV letter, include a statement with the DV letter that this debt is beyond the SOL. You can sue them for violation of the fdcpa "threatening to have you arrested". Let them know that you will file a complaint with the FTC and the AG of your state.
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#11
05-20-2009, 04:13 AM
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Also, file a complaint with the FTC and be prepared to sue them.
__________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT. Rip-off companies - FTC. Phone harassment by Debt Collectors - FCC. Banking issues, like ACH problems - OCC.
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#12
08-28-2009, 08:56 AM
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to the NCO concern...
If some one is mentioning jail on the phone to your children, that qualifies as "Third-Party disclosure" which is a violation of the Fair Debt Collections Practices Act (FDCPA)... If the man calling mentioned the debt to anyone but you or your wife (because they CAN speak with a person's husband/wife) , then you can sue that party leaving the message.
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#13
08-28-2009, 10:15 AM
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Send a dv letter asap.. I sent mine out in the thirty day window and they dissapeared.. of course they ended up selling my debt to another bottom feeder but they also were gone after the dv letter.
__________________
I'm not as fed up anymore.. making extra money http://www.needbetterdays.blogspot.com
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#14
09-24-2009, 08:22 PM
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Litow Law Office
Ive been reading all the post about this topic and its brought up one important question. If this is shall i say a "scam" from a law office to get more money then what is owed how and what can a person do if they have been paying this office now for a year? This place has issued a summons for me as well. however, at the same time they issued it i was also sent a letter that would "delete" the summons from their office because i requested one to be sent to me and would take care of the issue outside of court. once i got the paper work i sent it back and they said i didnt have to show up to court. From what ive read here so far sounds like the paper work didnt stop me from having to go to court. also i never received the summons because i moved out of state. i contacted them and had this paper sent out prior to the summons being issued and they still issued it. I know this and more information because i worked at the sheriffs department that got the summons!!! (needless to say it f@#$#% me over even more so because of it being a summons and me working in law enforcement.)
Well, now a year later i am trying to join the military and i need a security clearance and while they are doing the background check this "civil judgement" from this law officer shows up on my credit report even though ive taken care of everything prior to even getting a summons. This place has really hurt my credit report to the point that my credit union wont give me a loan or help me out with a house because this is on my report and wont go away even though I'm paying on it. it also shows that its still "a pending" judgement. At first my monthly payments were $100 a month and i did see a decrease in my total amount due. but now with less money coming into the house i cant make $100 payments and can only make $50 and they wont go down that far and wont work with me. Im still sending in the $50 when i can. will this hurt me even further by not sending out the required amount? also, Someone talked about sending out a letter that requested the law office to send them a detailed statement of all the payments that have been received and what it has went to. What do i need to put in that letter (format wise) and what can i do depending on what is sent back to me if anything? Ive also gotten one other paper from Neiamn, Stone & McCormick, P.C Attorneys at law office within the past 3 weeks. Its basically the same thing as the litow law office. however ive been able to get a peace of paper and have it notarized and ive been able to work with them and have it set up to were i send out $10 a month until tax time next year so i can pay it off. The only difference is that this office hasnt issued and summons or isnt on my credit report that i got from the military. It also seems to be a third party. the creditor is "Gemini Capital Group, LLC as successor in interest to Chase visa credit card." One thing is for sure. I only have 3-4 credit issues out there and they are all being taken care of at tax time. however, should i settle with paying off the full amounts or play it stupid and say i only have this amount that i can pay it off with. I know what the original balances are of all the credit debts that i have. should i try to talk them down to a number that is close to it or will that hurt my credit that much further? Ive made some stupid mistakes that have really put a crunch on my career path and its taking me a lot longer to get in then it should but im getting things finally taken care of! p.s. I thought that all credit card debt law issues were all third parties and could not sued consumers and hurt their credit report like mine has been from a law office.
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#15
09-24-2009, 09:41 PM
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Quote:
Only law offices can sue...CA's are not capable of doing so. Thus law offices are acting as collectors and can report.
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#16
10-20-2009, 07:28 AM
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Much to my surprise I went to the bank one afternoon to be told that there was a judgment on my and that I was $1024 negative. After much pain I was able to get this Litow Law Ofc to refund $500 of that amount to my account and set up a payment plan for $50 a month. Until today when I went online to look up the phone number for them and saw this site I felt like I was doing the right thing. Now I am worried beyond belief. Watch your bank account!!!!!!!!!!!!!!!!!!!!!!!!!!!
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