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threatening calls

Date: Mon, 08/09/2010 - 11:05

Submitted by anonymous
on Mon, 08/09/2010 - 11:05

Posts: 202330 Credits: [Donate]

Total Replies: 11


i got a call from a place called federal check recovery and they told me they were serving me papers for writing a bad check on a payday loan from 2007. I returned this call and told them the persons name a jeffrey diaz and they told me there was no one with that name there.this man said on his message that he was giving the opportunity to settle this matter or he would be at my house between 3 and 5 to serve me with court documents.


Quote:

Originally Posted by Anonymous
i got a call from a place called federal check recovery and they told me they were serving me papers for writing a bad check on a payday loan from 2007. I returned this call and told them the persons name a jeffrey diaz and they told me there was no one with that name there.this man said on his message that he was giving the opportunity to settle this matter or he would be at my house between 3 and 5 to serve me with court documents.


I have been told many of times that someone was coming to my house to serve papers on me or to arrest me and take me to jail. They have even said they were coming to my place of employment. I have been waiting the last 4 months and still no one has come to serve papers or arrest me and take me to jail. Darn..I was hoping they would come and take me to jail, I need the rest.


lrhall41

Submitted by Lizzie1014 on Mon, 08/09/2010 - 11:28

( Posts: 382 | Credits: )


It appears that the collector used an abrut collection tactic in an attempt to collect on the debt. This collector violated The Fair Debt Collections Practices Act and the collector can get fined for violated this act.

A collector cannot threaten legal action against you unless you have already received a summons to appear in court.

A collector cannot throw you in jail for a bad debt nor can they treaten it. That is also a violation of The Fair Debt Collection Practices Act.

You should contact the Federal Trade Commission & get this company fined for violating the Fair Debt Collection Practices Act. Collectors get away with these type of tactics because consumers are not aware that there are laws in place to protect them.

I hope I was able to put your mind at ease and address your concerns. If in need of free financial counseling, please do not hesitate to contact me.


lrhall41

Submitted by heatherr on Mon, 08/09/2010 - 12:30

( Posts: 10 | Credits: )


You have a good point, Froggy but, if you can nail 'em, I say nail 'em! :) It is a crime to use the word "federal" in your company name if you're a debt collector and it could reasonbly be misunderstood that you are collecting on behalf of the federal or state government.

15 USC 1692e ?? 807
False or misleading representations: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of???
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to???
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.


lrhall41

Submitted by OhioGal1 on Tue, 08/10/2010 - 08:16

( Posts: 5253 | Credits: )


Quote:

Originally Posted by Lizzie1014
I have been told many of times that someone was coming to my house to serve papers on me or to arrest me and take me to jail. They have even said they were coming to my place of employment. I have been waiting the last 4 months and still no one has come to serve papers or arrest me and take me to jail. Darn..I was hoping they would come and take me to jail, I need the rest.
LOL, I love it! But seriously, I also believe this is one of the many overseas companies who prey on people. They use the word "Federal" in their supposed names to scare people into giving them money. If anyone really wants to talk to these scam artists, they can ask that something be sent in writing with all information about the supposed debt; however, I'm betting you'll be waiting a long time for that letter.


lrhall41

Submitted by on Tue, 08/10/2010 - 11:34

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These folks have recently harassed me over a payday loan I never took out. They call repeatedly, threaten to "serve me papers", and take me to court. I have filed complaints with the Dept of Justice and the FTC. I would encourage everyone who has a similar encounter with them to do the same. Here is their contact info from the Georgia Sec of State website:
http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1602506

FCR 09 INC
Vinci, Pietro Anthony
2021 Amber Dawn Way
Lawrenceville GA 30043


lrhall41

Submitted by on Mon, 02/07/2011 - 14:59

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