Threatening phone calls and groundless claim-confirmed Scam

My advice from experience: Dont even waste some precious oxygen in responding to threatening phone calls and groundless claims. Dont worry for a second about the threat of lawsuits... nothing will ever happen.

Well thanks for that!

I actually received a call from some foriegn man last weekend saying that he had a "case file" on his desk in front of him with my name and SSN on it, and that if I did not call him back "immediately" that it would be processed and I would get a visit from "the courts in my area"

So, this same guy has called me like every Saturday for a couple of months, saying the exact same thing...I don't think "my area courts" are ever coming!

Also, his name is "Roy Brown"...he DOES NOT sound like his last name is BROWN!

Guest, can you please make your point more identified? Many people, including myself need assurance and help with the endless phone calls made by the debt collectors and creditors. If you can give us some more suggestions on how to deal with these matters, it will be highly appreciated. We know you are trying to convey us something important, it will be better if you can explain it briefly.

I received a very similar phone call today and it kind of scared me! Are we sure this is crap? I had filed a stop payment claim thing with my bank on 2 loans and I am thinking that I am going to court now or something! HELP. It was through Arrowhead Investments and B&L marketing. Anyone ever deal with these guys???????

You need to tell whomever is calling you to immediately stop doing so and that if they don't they are in violation of the Federal Fair Debt Collection Practices Act (google it). Now, all that does is keep them from contacting you unless it's for a very few enumerated reasons (like your debt is being terminated, or that they are invoking certain remedies which they are legally allowed to invoke). It does not forgive you for the debt. If it is a legal valid debt (don't know your circumstances) then they are absolutely allowed to report it to the credit bureaus and also sue you - if your state's statute of limitations hasn't passed, usually 5-10 years. However, if you have any doubt whatsoever about the legality of your loan, google whatever state you are in along with the type of loan you have (i.e. "Florida Payday Advance laws") and I'm sure at the very least there will be an Attorney General or some other state consumer website addressing it - if it's of questionable legality.

However, if you defaulted on your visa or didn't pay a doctor bill, or a dishonored check - then you more than likely owe the debt. That said, as an attorney I can tell you that no company is going to pay for a court case for a relatively small debt - say under $300-500. So the worst that will *probably* happen is that you will have a mark on your credit, again, if the debt is legal.

And remember, DO NOT make any promises to pay or send in a partial payment unless you fully intend on paying the entire amount back. Once it's on your credit it's there for at least 7 years and paying it does no good. If you promise to pay or make even one payment, not only does the statute of limitations toll - meaning that they have longer to sue you - but the clock for your credit report starts all over again.

And a final disclaimer - yes I'm a lawyer, but debt/credit/consumer law is not my area of expertise. I'm self taught from having my own credit problems.

Wanted to add a couple of things

First of all, I should have said that it is *highly unlikely* that you will get sued for a small amount of money. It's certainly possible. That said, if you do get sued, try your best to get the debt paid or settled before a judge decides the case on its merits because you may be able to avoid having a judgment against you - which looks REALLY bad on your credit.

also, whatever you do, DO NOT ignore any formal complaints or notices to sue (summons, etc.) because you have a very limited time to respond - usually 28 days. If you don't respond in that time you will have a default judgment entered against you. And if you go it alone, that is w/o a lawyer, make sure any agreement to settle included, in writing, that you are NOT having a judgment entered against you. To be honest, I don't know if that's even possible, but it's definitely worth trying.

I had one collection company told me if I did not pay the bill off that they were going to call DSS and have our little girl taken away!!!That was before I knew anything about the Fair credit laws.But I called our state office and talked too a nice lady and I told her what they have said she wanted the name and number of the CA.After 1 week another AC had that account.And the first one was shut down.So never take no crap from these guys.

From all I know and done(and it's not much), I find the most effective and easiest way to find out what kind of company you are dealing with, and how legit they are, is to ask for proof of the debt. All you want to know is the name of the company that retained the CA and the amount. By law, you have the right for that info to be mailed to you. If a company is reluctant to send you that, and/or gets more threatening, you can probably assume that they are running a scam.

Until you have written proof of the debt in your hand, they have absolutely no power over you. Do not listen to their threats. Simply, and kindly ask for them to mail you proof of the debt. If they make any threat, report them to your local attorney general.

I keep getting calls for someone who I know used to have my phone number. I know this because, when I was a collector, out of curiosity I skiptraced my phone number and found that it's still listed to that person. Anyhoo, I still get recorded messages for her to call a law office about an important business matter. I scoff at that knowing what a bunch of hot air that is! I once even called the number on the message in an attempt to make them stop calling, and I got "Talk America". What the F!

hey Miss Sue -

one thing, according to the FFDCPA - talking to them does NOT stop the SOL - and saying you will make a payment does NOT allow them to change anything NOR does it stop the clock from running from the original deliquency time.

For instance, you first went deliquent in January 1, 2000, the time clock starts ticking on July 1, 2000. Even if you make ONE payment now, Aug 13, 2006, you are STILL deliquent, and they cannot start you all over again, and in fact, if they change your credit report so they CAN start the clock ticking, they are doing so illegally.

There is more to this, but in effect, by July 2, 2007, your debt to them is no longer collectible. IF they file suit on you before that date, then thats another story. And depending on your states particulars, you can seek damages, and more than likely win, if they do any of the above.

Been there and done it. Most will then try to sell off to another CA to recoup their losses, but the original SOL begins the first time you become delinquent on a debt, and never catch up on it (meaning for those that might not understand, you may always be in default by months, your better off letting the statutes run out - sad, but true)

My ex left me with quite a mess, and I'm still not there in clearing up my name, but everyday I get closer. And thats how I look at it, unless they start litagation (whereby I can defend myself in a court of law to a judge showing how I got into my mess), I'm letting time run out, then wipe it from my CB record. It's been very tough raising 3 boys and crappy credit, lemme tell ya. I'm forever borrowing $$ from family to fix this and that on my car, but soon my nightmare will be over.