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Very strange situation need advice

Submitted by sarahmn2006 on Thu, 06/29/2006 - 22:06
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Hello everyone my name is Dan
I am new at this and i am now losing sleep on an issue. last friday my parents recived a call at 7:30am from a mr. al hobs saying he needs to talk to sarah_______ my wifes maden names right away. it is in regards to a 1099 from filling out with a peding lawsuit. My parents then freaked out and gave me his # and case# in which they are convinced it was the IRS. I called the number imeditily and this al hobs answered the phone what a nasty man. i gave him the case ect and he told me that my wife owes 4300 in a past credit card. I was like what?, he then told me if i dont pay him 4300 today he will get his "in house laywers" to sue us and it will cost 7500+. i told him i do not have the money and hung up the phone. I was thinking it was a Con job tring to scare me into giving him money. Now today a letter showes up from a law office Lawarence Hecker out of NJ, threating to sue. need to replay in 30 days ect. I did validate with my wife that she dose owe discover. i did trace back where mr. al hobs is out of is Franklin Credit Solution. I am wondering if i have any legal rights hear i do know the Fair credit practice. will they sue? can i set up a payment, i do not feel confortable talking to this al hobs.
thx in advance for any help on this matter


Hi Dan---I am usually one of the few people that are in the forum this time of night and I am afraid I don't know a whole lot about if someone could sue you or not regarding your case. This site does offer free debt counseling, you should receive a phone call from someone soon and of course you can speak to them about the matter. In the meantime, I know the people that are regulars on this board and they will definitely give you some sound advice if able. Do not stress and if this nasty man calls again before you speak to credit counseling just hang up until you know what you are going to do. Good Luck.


Submitted by Lorri on Thu, 06/29/2006 - 22:15

Lorri

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Hi. Its too late (or early depending on how you look at it) for me to get real in depth tonight. I'll read through this again in the morning and try to help more.
In the mean time we need more information to be able to help you.

What is the Date of Last Activity on this account ( what date did your wife last make a payment, and when did discover charge off this account?

What State do you live in? Is this the same state the account was charged off in?

This Mr. Hobbs has violated the fdcpa. You can sure him for up to $1000 PER EACH VIOLATION. from the sound of it ,he has about 3 violations so far.

The only time he can speak to third parties (like your parents) is when he is trying to locate an individual, and then he cannot tell them the reason he is looking for them. Same applies for messages on answering machines. Yes, they can leave messages, but they cannot go into details as to why they want to speak to you. If you receive a summons from a court over this matter, do not ignore it, respond to it, and make sure you or your attorney show up at the court on the appointed day .


Submitted by LCW on Thu, 06/29/2006 - 23:45

LCW

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This is the official info I found on them.Quote:

LAWRENCE M. HECKER, HECKER
& MUEHLEBACH, PLLC

Lawrence Hecker's law practice focuses primarily in the areas of corporate law and securities regulation, business start-up, public and private offerings and other transactions involving capital formation, corporations, corporate finance and real estate. Mr. Hecker has experience in representing publicly held companies and compliance with the reporting and other requirements of the Securities Exchange Act of 1934, He has extensive experience in handling sophisticated transactions involving corporations, corporate finance, mergers and acquisitions. Lawrence Hecker is a frequent panelist and speaker on securities regulations and corporate law and capital formation education seminars.

Lawrence M. Hecker
405 W. Franklin
Tucson, Arizona 85701
Telephone - (520) 798-3803 (ext. 32)
Fax - (520) 620-0405
Email: heckyes@ hpzlaw.com
That is a private website BTW.


Submitted by dcashwell3 on Fri, 06/30/2006 - 06:24

dcashwell3

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hmm lets see the IRS form 1099 is like a W2 it reports income other than wages, such as early retirement income, amounts paid to you as a contractor, business, and in some cases a creditor will send you a 1099 if you settle for less than the amount owed (since the difference is considered reportable income). Since the *#&#^) used the form number as a "threat" i would say he was bluffing and likely violated the fdcpa. By the way the attorney whos website D gave you above may be able to help you.


Submitted by jj on Fri, 06/30/2006 - 08:31

jj

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Attorney Hecker's office keeps calling me about a debt my husband incurred 10-12 years ago. I always tell him that the number he is calling is not my husbands and he doesn't care. He has threatened me with garnishment and arrest - does this 'attorney' have a record of doing this? Can he contact me about my husbands debt that was incurred before we were married?


Submitted by kitchenparamedic on Tue, 09/12/2006 - 14:20

kitchenparamedic

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An attorney, who is also bound to follow the fdcpa just like a collection agency, cannot collect the debt of your husband from you if it took place before marriage. Your husband is responsible for paying the entire amount. He may consider contacting the financing agencies where he has outstanding debt(s) and negotiate a payment plan. If there has been no payment within the recent period, the debt might be out of the SOL period and hence he can escape legal collections.


Submitted by PassionHunting on Tue, 09/12/2006 - 14:27

PassionHunting

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my situation concerning the law office of Attorney Lawrence Hecker is the same. Earlier this week I received a phone call from an extremely rude man named Tony Brewer from Mr. Hecker's law office concerning an old credit card debt of $8235.00 for Providian. Of course this has been on my credit for at least 5 years, but this extremely threatening call came through and I was eager to work out a payment plan but nothing like they were demanding. He wanted $3400 up front and $250 per month for 3 months. Then they would look at my account again and determine if it was worth reviewing again. When I informed them that I could do what they asked they said it is considered a refusal and they will inform their client to do what they have a right to do. I live in the state of Texas, do they have the right to call my home and continue to threaten me? What are my rights?


Submitted by on Sat, 09/06/2008 - 20:07

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