UNSETTLING PHONE CALL

The Attorney General's office doesn't arrest people - Only the police do.

And there is no debtors prision.

This is totally bogus - They are just trying to scare you into paying.

Do you really think that some scum-sucker collection agency can dictate to your state's Attorney General?

Yes, Sunshine. It's bogus as the day is long. Debts are civil matters, not criminal matters. You cannot be arrested for not paying a debt. Especially a payday loan.

as goudah and weulf said this is bogus,in fact you should file an attorney general complaint.inform them that a bootomfeeder pdl is harrasing you invoking them as a way to threaten you.

That's too funny. The AG's office coming to arrest you! That statement alone gives you a good indication of what is going on in the pretty little heads of the PDLs. Please don't spend your time worrying about what they told you. They can't have you arrested. . . period.

Tell them you'll only go if the actual AG shows up on your doorstep, LOL. They're lying--and this one is the oldest lie in the collector's manual. Rest easy!

Watch out!!! The next step is the threat of being "Downloaded!!!"

so sorry for you hun, i know it can be unnerving, but they are just yanking your chain

Please Ignore these clowns! :wink:

I would find out if your state is a 1 party or 2 party state and then start recording the calls. You can by a cheap module at Radio Shack. If you're in a 2 party state, DV them and at the bottom write "All calls to my home are recorded", once they have received your DV, they have been informed and you don't have to tell them you're recording. If you're in a 1 party state, don't tell them at all.

They cannot arrest you! Some of these CA are so ridiculous. I'm still laughing about being "downloaded" did ayone ever find out of that was painful?

NascarDevil! Will that hold up in court? Notifying them in writing you are recording all calls when you DV them? It would seem like great idea to me! I live in a 2 party state, so I do have to notify and get consent from the other party; however, most of them clam up and refuse when you tell them this during the call.

Would be great to be able to notify them in writing, and then record them. Would really get some pretty colorful phone call on record if I could do that.

I really love that idea!

Do you have the name of this CA, SUNSHINE95365? I'm willing to bet it's a name we've probably heard before in this forum, as most all the crooked CA's use these same types of bogus threat.

SUNSHINE95365, you should file complaints with the FTC as well as your state's Attorney General's office. When they call back let them know you have done so and that your Attorney General's office didn't arrest you or even mention anything about "50 lashes with a wet noodle for you" when you did.

See what they say to that.

Oh yeah, and watch out for being downloaded. I think we've had a couple of people in this forum that were threatened with that.

Still not sure what that means.

I seem to think it's similar to that movie "Tron", but not sure though.

Everyone else is correct. You cannot be arrested for an unpaid debt. If that were so, than half the nation would be in the pen...including Washington bureaucrats for borrowing trillions of dollars on the national debt which has yet to be paid.

NascarDevil! Will that hold up in court? Notifying them in writing you are recording all calls when you DV them? It would seem like great idea to me! I live in a 2 party state, so I do have to notify and get consent from the other party; however, most of them clam up and refuse when you tell them this during the call.

As long as you send you DV CMRRR and have proof that the CA received it, then yes, it will stand up in court. The assumption is that they read your letter and are agreeing to the recording by calling after receipt. Generally, I think they don't read beyond the " i dispute this debt" and then the throw your DV away which is great for those in 2 party states. All my DV's have the last line bolded/CAPS:

ALL CALLS TO MY HOME ARE RECORDED AND CALLS TO MY PLACE OF EMPLOYMENT ARE PROHIBITED BY MY EMPLOYER.

I used to add that all my business matters are being handled via USPS, the "limited C&D", but it was either ignored or, as in the case on one well known JDB, taken as a full cease comm.

How do I know if I'm in a 1 party or 2 party state? I've never even heard that term before, so I'm not sure what it means. I live in California.

Cali is a 2 party state

Sorry, can't post the link since it goes to Geo cities but here's the text from that particular site:

Taping Phone Calls
When dealing with a Collection Agent (CA) there is a definite advantage
for you to tape the phone calls.

Why, you ask? It's very simple, Loose Lips.

Some will say don't talk to a CA by phone and I completely disagree because it is far easier to get a CA to violate the fdcpa if you are recording the conversation (without their knowledge) than by any other method. The more rock solid violations a debtor can rack up the stronger his or her case. One small violation can be dismissed as an honest mistake, but several hard violations shows malicious disregard for the law.

CA????????s use all the tools available to them collect the debt. You need to use all the tools available to you to improve your negotiating position.

The tricks to talking with a CA is to act stupid:

1. Never quote the FDCPA or even say the words, ???????FDCPA???????? or ???????violation????????.

2. Never tell them on the phone call that you are recording.

3. Keep asking many questions - Is this even my debt? Are you going to sue? Who says I owe this? Why do I owe this? What happens if I don't pay? Are you sure this is even my debt? Do you now own the debt? How much is the debt for? What is this debt for? Are you a collection agency?, repeat.

4. Don????????t agree to anything... say something like, "let me think about it." , or, "I have to find out if you are who you say you are.", or, "I need to do research to find out if this is mine."

5. Try to make them angry. ( when they get upset the violations fly!)

6. Don't give any new information,!!!!,... just say, " I don't feel comfortable giving that information"
( CA's will use any new information against you and it will irritate them that you are not cooperating, and that is what you want)

You want to act stupid so they let down their guard. The fact is that 99.9% of the population doesn????????t even know that there is a FDCPA. The trick is to act like one of them.

Most CA's (not surprisingly) are the classic Type A personality.
These types are more aggressive, quick tempered, and want to get their way with you.
Take advantage of this flaw.

Go to Radio Shack a buy a recording device for your phone. It's easy.

When you are able to rack up several violations, suddenly the CA becomes a whole lot more agreeable to your:
1. Price negotiations, and to your

2. Requests to delete the Trade Line from your credit report.

If the debt is small, you can expect the CA not only to settle the debt for free but also for them to delete the trade-line from your credit report.
(of course, get that on a recorded call or in writing, ohh, and make sure they settle it out, otherwise it probably will be sold to another CA, and you have deal with this again with a different CA)

--------------------

Most States allow a person to record the conversation without the other parties???????? knowledge.
(so don't ever notify them that you are recording)
These are known as 1 party States, it means that only 1 party (you) needs to know that you are recording. Which means you can start recording immediately and you never have to inform them in any way.

However, a few states require both parties (you and the person you are talking with) to know that the call is being recorded. These are known as 2 party states.
In these States you need to notify the CA that all call to you are recorded. See below for more details on how to do that properly.

-------------------

Listed first are the 1 party States,

If you live in a State that is listed below you are allowed to record the calls without the other parties???????? knowledge. (so don't tell them you are recording the call)

Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Michigan
Minnesota
Mississippi
Missouri
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington DC
West Virginia
Wisconsin
Wyoming

Listed below are the 2 party States,
these are the States that require both parties to know that they are being recorded.

California
Connecticut
Delaware
Florida
Illinois
Massachusetts
Maryland
Montana
Nevada (as of Jan 1 2008)
New Hampshire
Pennsylvania
Washington

Only send them this notice if you live in a 2 pary state
In a 2 party state, the best way to inform a CA that the calls are recorded is send them a letter or fax asking for validation/and or to dispute the debt. In that letter/fax, slip in at the bottom that all calls to and from you are recorded.

If sending a letter, send the letter Priority Post with Delivery Confirmation (PPDC) - after delivery, print out the confirmation of delivery. If sending a fax make sure you have delivery confirmation of the fax.

I know you are asking,
"Why not send the letter via Certified Mail Registered Return Receipt (CMRRR)?"

Very simple:

1. CMRRR can be refused by the CA and more and more CA's are refusing to accept CMRRR letters, whereas PPDC cannot be refused by the CA, it is delivered just like normal mail. and you still accomplish what you want ( the confirmation of delivery); (also remember to make a copy of the letter you sent to them for your records and to tape the delivery confirmation slip to it)
also,

2. All the so-called "Experts" in credit repair send all their letters CMRRR and you don't want to look like an expert in credit repair. You want to look like joe average debtor.
also,

3. PPDC is not threatening to the CA. Even if the CA does accept a CMRRR, a CMRRR screams out to the CA, "THIS IS IMPORTANT AND FROM A DEBTOR WHO IS TRYING TO WIGGLE OUT OF THE DEBT, WE NEED TO PAY CLOSE ATTENTION TO THIS'......
Bringing attention to your letter is not what you want,
in fact,
you want this to 'slip by' almost unnoticed.
It not your problem if they didn't read it as thoroughly as they should have
and that is why you send it PPDC.

we sued the hell out of one creditor and they paid dearly...

Thank you very much Nascardevil! I'm just starting to have accounts turned over to CAs, so that is great information to know! I found the PPDC part especially interesting since most people do say to do letters CMRRR.

Unfortunately, we are probably going to end up going the BK route, so I may not need to record phone calls, but just in case, it's great information!

Wow NascarDevil! I'm certainly glad you joined the forum! You are yet another valuable and knowledgeable source of information!

I think you mentioned this in another post, and I don't see it repeated here, but you advised if you contact a CA and there is that disclaimer in the VRU about "all calls are monitored/recorded for quality purposes", and you happen to live in a 2 party state, you don't have to get the CA rep's consent to be recorded once he comes on the line. The have already given their consent when they play that "disclaimer".

Am I correct about this?

Also, good information concerning sending letters CMRRR. I sent a letter like that in November, and they guy at the post office told me I didn't have to do that. Sending it certified was good enough, as you can track it on the USPS website and print out the confirmation once it is delivered.

I recently did that with one CA, just to see what kind of results I get. I have had a CA totally ignore a CMRRR DV/C&D letter before, even though they signed for it, so I already knew that could happen. I'm waiting for them to sue me, so I can break that card out and show where they signed for it.

I've only ever sent two letters to CA's that way; CMRRR. The other 19 or so have been faxes. Being unemployed, 18 cents a page is much more manageable than over 5 dollars a letter. And I do print out the fax receipt and save it.

I also give the CA's the benefit of a doubt also, that the fax may not have been received. Hence my "3 strikes and your out policy" when it comes to CA's ignoring a DV/C&D fax. I feel after sending it 3 times and they are still harassing me, then they just plan to ignore it no matter how I send it to them; be it CMRRR, certified mail, or by fax.

I've only had 2 CA's reach that point. Il-Legal Mediation Mal-Practice, and I'm not going to post the other name because I know they have people frequent this forum and I'm not going to give them any warning before I retain an attorney and sue them.

disclaimer in the VRU about "all calls are monitored/recorded for quality purposes", and you happen to live in a 2 party state, you don't have to get the CA rep's consent to be recorded once he comes on the line. The have already given their consent when they play that "disclaimer".

I did not post that particular comment but it is correct. If tehy state that the call is being recorded, they are agreeing to your recording as well. But, of course, you do not have to consent to being recorded and can end the call as well.

BTW - I'm glad I cam to this forum as well. I'm very active in another credit repair forum(which I can't post a link too) and I've learned a lot from them and they have helped me out so much. No one should have to go thru what we have with these CA's and JDB's. Isn't it bad enough that we have to live with our past mistakes for 7.5 years or more?

lol,,,,,it is scam,,,,the attorney general will not arrest you.......if someone is going to arrest you they do not warn you

Me and a friend went into RAC to get a 37' TV. We got the TV and left and paid. The problem that happened 2 weeks later was that someone broke into my home and stole the TV and I did inform RAC manager Cedric of the situation and he said that I had to continue paying on it, and we are trying to pull some kind of okkeedoke(whatever that means). His attitude to my friend and I in front of several people is like he didn't believe me and I was not telling the truth and he was telling me I BETTER GET THE TV BACK SATURDAY or else. This is after i provided him with the police report. So what can be done please tell me ASAP!! Will I really go to jail?

this person is an idiot.as long as you have the police report what can he do?no you cannot go to jail,but if the item wasn't insured you might still be liable for it.

You can't go to jail for an unpaid bill, but they can keep attempting to collect from you. I'm pretty sure that once you signed papers and left the store, the TV became your responsibility, and you are probably still liable for paying it off.

my bfs payday loan was turned over to the district attorneys office for collection and they sent him a letter saying to pay by this date or a warrant for his arrest will be issued. is this also only a scare tactic??

probably a forged and phony document.i would contact the district attorney about this.again debts are civil matters.