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Peach Tree Law Center

Date: Mon, 01/24/2011 - 11:05

Submitted by anonymous
on Mon, 01/24/2011 - 11:05

Posts: 202330 Credits: [Donate]

Total Replies: 16


From MN - 2 payday loans from April 2009 Ashland - $300 and SSM $300

My 2 sons each received threatening calls from Peach Tree Law Center. I wasn't sure who this was for so I called them back. Its for SSM and Ashland they are co companies.

The lawyers office states that they are going to sue me. I checked and their is nothing pending in court. The payday loand companies are not licensed in Minnesota. The law firm was not licensed but not sure if a lawyers office needs to be licensed as a collection agency.

Have they ever really sued someone. The Attorney's name is Bradley Baybell. Any ideas on my next step.


Next time they call, tell them they are required by the FDCPA (Fair Debt Collections Practice Act) to send you a dunning letter (letter of collection) via the mail within 5 days of their first contact with you. That is a federal law, and if they are attempting to collect on a debt that would make them a 3rd party collector, which means they are bound by the FDCPA. Never admit to owing a debt over the telephone, whether you owe it or not isn't relevant, it the fact that you are entitled to receive a letter of collection for your protection, this way, you will have 30 days to make them validate the debt, this means you will send them a debt validation letter within 30 days (certified, no other way will do), and force them to validate the debt. In that letter, I would also include your state payday loan laws, and make it known to them that they are attempting to collect on an illegal debt.


lrhall41

Submitted by Shazzers on Mon, 01/24/2011 - 11:18

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Okay so I totally blew the call, I did not admit I owed the debt. I did state that I will not respond to anything unless its mailed to me via U.S. postal service. I stated because I am a victim of identity theft I provide nothing over the telephone or computer. If I don't have it via U.S. mail then its faudulent.

I wish I knew how to get them to not call my sons.


lrhall41

Submitted by on Mon, 01/24/2011 - 11:43

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Okay so these people called the main switch board of my company. 10,000 people cant tell them to not answer the call. They also called human resources and I received an email with the phone message.

I called them back for the second time, stating, I never received my dunning letter within 5 days of the last phone call. They said they mailed it, I stated they did not I never got it. I have been at the same address for 4 years, nothing ever came. I said send it certified. I also emailed the compliance department and notified them and the person who answered the phone that they were forbidden to call me at work since I am not able to receive calls. The next time they called I would file a lawsuit against them for violating my rights. The guy who answered "Darnel" said that he would make sure they don't call, and I said, send it certified and I would be happy to respond.

I told Human Resources that this account was fraudulent and to not provide any information regarding me.

This is PeachTree Law Center - have they ever sued anyone. I ask because wouldn't they have to hire someone in Minnesota?


lrhall41

Submitted by on Mon, 02/28/2011 - 16:29

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well for one thing they would have to sue you in the village,town,county,or bourough you reside in so yes they would have to get an attorney in your area.secondly this is a bottomfeeder that loves to violate the FDCPA.btw peachtree is located in colorado so i doubt they have a lawyer in minnesota.do a search in the bar for peachtree law and you should be able to get an address to send a DV(debt validation)letter.they can't continue collections in any form.that means calls until they can properly validate the debt.


lrhall41

Submitted by paulmergel on Tue, 03/01/2011 - 06:37

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Ok, so I found your site from an internet search. Why I am posting is that this Peach Tree Center contacted me concerning a next-door neighbors debt! The first call was to my cell phone and I was taken aback that they would contact me on my cell. Then today, they called my home phone and my wife answered, told them no I won't get in the middle of my neighbors business, they told my wife "well this is a law firm and you have to do it!" to which my wife told them well it is not my debt so I don't have to do anything about it. Then they said that they wanted to talk to me. She told them no he isn't going to do it either. My wife then told them not to call our house concerning anyone else's debt ever again! So please beware of these vermin! Have a great day!


lrhall41

Submitted by on Thu, 03/24/2011 - 17:34

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Marc C wrote:
"they told my wife "well this is a law firm and you have to do it!"

A borderline 1 Article 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."

Most likely, in order for them explain any reason why you HAVE TO do it, they would then have to violate one of the following (since they have no authority):

"(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
......
(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."


The offenders better be careful with their approach. If more consumers were aware of these laws, the tables could turn real fast.

See:

"FDCPA 813. Civil liability
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of—

(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;"
etc...

Do research. First, FDCPA laws, then read about penalties for violating these laws.


lrhall41

Submitted by on Mon, 03/28/2011 - 08:14

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Personally, I believe state governments would do well by the economy to provide consumers with more tools to even the playing field with helping them to enforce these laws; i.e. clearly defined access by legal means to record and/or obtain evidence of these violations.

If done properly, seems like it would function as a semi-stimulus by means of syphoning illegally obtained funds right back into the consumers (or even the local governments') hands.

But I don't know... I'm no expert. It's probably something more expensive and complicated to put into place.


lrhall41

Submitted by on Mon, 03/28/2011 - 08:26

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They called me at work a couple weeks ago about an old loan I couldn't remember. I told the woman I had to call her back. She kept saying she was just trying to be the good guy and help me out so they didn't have to take further action. I'm filing a complaint with Ohio AG first thing in the morning (there are already 3 existing). I now have a couple different phone numbers for them, so hopefully someone can track down these "law professionals" who don't operate in the open: Ms. Pharrell (original caller), then a guy named Dionne called back from a cell phone looking for a payment, I tried calling him back on that number but reached a vm that only stated "Courtney Brown." beep.

I've been waiting for them to call me back at work so I can transfer them to one of the actual 10 attorneys we have on staff.


lrhall41

Submitted by on Mon, 03/28/2011 - 22:46

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If someone is calling you from a so-called "Law Center" as stated above and are threatening you about a debt you know NOTHING about, be very aware that you have NOTHING to fear.

See the website of the FDCPA (put in place by your government to protect you from these scammers, as well as keeping real debt collectors in line...):
http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf

They say they access a "police database"... They say you might be arrested... They say you have to "by law" abide in what they are telling you to do... They threaten with any kind of tough talk... ALL WRONG! See section 807...

You want them to cease immediately? Cite (and follow through with) section 809 of the FDCPA...

On the other hand, there are penalties for violating these laws. See section 813. Have a pen and paper ready to log each FDCPA regulation that they violate. Better yet, if it is within your legal right and availability, record the call. When you have these violations logged, turn them into your State Attorney General... GO AFTER THEM.

Awareness is the most effective defense for a lot of things in today's society. Thankfully we do have internet forums to alert our fellow citizens of these facts during these tough times. These predators prey on your fear are hoping for ignorance. Spread the word.

I am a self employed individual who has for years received all kinds of messages, calls, emails, pertaining to these types of scams. Quite frankly I'm sick of it. None of them have fooled me, but quite frankly a lot of them are an annoyance and can waste time if you let them. It's easiest to just hang up on all of them with an abrupt "do not call here again!" However, not everyone can afford to do that, as some really are in trouble with debt and some of these calls may be legit. Therefore, it is good to be well acquainted with the above site, and be prepared to take action of your own. Most often, the real debt collectors can be just as rude and violating of these rights as the scammers. They can ALL be held accountable for violations.

So, good luck people. Fight fire with fire. If almost everyone knew about these laws, these scammers would indeed fade away. Especially because of what can be done according to section 813. Scammer would be busted, and some of the bad apples in the real collection agencies would fold from paying so many fines.


lrhall41

Submitted by on Tue, 03/29/2011 - 04:08

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So an update on Peachtree from me. I sent a certified letter return return - cease and desist to Peachtree. I also demanded they validate the debt for the second time. Of course I have not heard a word from then. Flash forward to today. I get 2 calls from and 863 area code with a heavy asian sounding guy, and 1 call from a company called AMO. I am not sure if they are related, its been 2 years since I have had several PDL. When I looked up the informaton on AMO they turned out to have the address was on Peach Tree Parkway.

Doesn't that seem a bit coincidental. None of the PDL's I had were legal and I have paid well over the principal amount.

How long can I expect these calls. They also called my work. The receptionist is getting wise to them and trying to cover for me, but will not lie for me. She is really old and from the old school. LOL.


lrhall41

Submitted by on Thu, 04/07/2011 - 19:30

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