Can I take Legal Action?
Date: Wed, 02/25/2009 - 09:13
Just wanted to see if anyone can advise me on how to handle this issue:
I was contacted yesterday by a so called law firm/collection agency Nelson Hircsh & Associates. I was told that I owe a debt from 2005 to nofaxpaydayloan.com. The message that the woman left on my voicemail was and I quote" she is in the fraud division and there is a check fraud claim against me". ( lies) I am upset because I know I am an honest person but when she said fraud I was mad and very upset. I spoke with her and she told me that there was a court date of March 13th in TN( I used to reside but I currently reside in AL been here for 3 yrs now) and of course I needed to settle the account.(lie) I asked her how was she able to get my number in Alabama and I quote " the information was forwarded to her from the company" I know many people's information is in public records where they could get my address and she also stated she contacted my sister who gave her the number, I told her we talk everday she lives in NYC we can call her on three-way right now, another lie. I know its bs she is telling me. I told her to validate the debt and send everything to me in writing because I dispute this debt period. After going back and forth she transferred me to a person who is suppose to be operations manager. He tells me that they have a collection division as I asked him were they a law firm or collection agency. Then he goes on to say that there is no court date filed and payments were made when the other lady told me a date and that there were no payments made. I called back this morning to verify it with her again and she said samething she said yesterday making it seem like someone is lying to me as I told her. I really don't want to be long winded but I'm trying to give as much detail as possible. I would like to know if I can sue them for them falsely claiming check fraud that is a criminal lawsuit not civil which is what she is claiming. I am not sure if it is against law. They do not have any court papers to produce, claims that need to get it and then send it in the mail. I have no problem getting to TN to answer this issue in court. She told me I have to file a police report and send it to them if this is fraud which I told her to just send the documents so I can verify this is legally mine. I have taken out payday loans before and paid everyone. If anyone is familiar or can give me a little advice on what I should do. I not sure which laws apply TN or AL who do I contact. I appreciate it very much. I apologize for writing such a long post. Thank you.
My advice would be send them a DV letter in writing also file co
My advice would be send them a DV letter in writing also file complaints with the FTC, AG, DFI etc. If they do not validate this debt do not talk to them again. Also confirm they are licensed to collect in your state. If you decide to talk to them again inform them you are recording the call to share with your reporting agencies
One other thing I would also send them a C & D letter.
One other thing I would also send them a C & D letter.
I have to object at this point. DO NOT send both a debt validati
I have to object at this point. DO NOT send both a debt validation letter and a cease and desist letter at the same time. Send the debt validation letter only.
They will get both and not contact you at all and will try to sue you. With a debt validation letter, they cannot contact you anyway so a C&D is pointless. After 30 days, then send a cease and desist.
Oh yeah and send it certified mail return receipt requested.
Oh yeah and send it certified mail return receipt requested.