Help me with this CA threatening lawsuit PLEASE!
Date: Fri, 05/01/2009 - 07:19
I called back later in the evening and provided the case # when I was then connected to a guy that verified my address, name, etc. He then tells me that he is working to settle this immediately and stop the judgment before it goes to court. He kep telling me he wasn't concerned with the money, but he kept insisiting that I pay immediately. I kept telling him that I couldn't pay that much and he kept putting me on hold to speak with his "director". He would not go below 250 and said I would get sued. I was really freaked out and made the mistake of given him my debit number the next day. I asked for the atorney's name that was handling my case and they gave me the name of an attorney that does not exist! The address for the attorney is their (the company's) address!!! I know this because I called that state bar assoc and they verified that there is no record of any attorney with that name.
I had a sick feeling in my gut and called my State Attorney General's office for advise. They advvised me to call my bank immediately. I called my bank and had that card deactivated and they reissued me one overnight. I also called the FTC who is in the process of sending me some info to send to them.
Anyway, I got a "conditional release" letter from them saying that the judgement was going to be settled for $X amount and that they would send futher information once it wasd all paid.
So I get a call today from them saying that the payment they tried to withdraw was declined. I told them that I would like to be contacted only in writing from this point forward and he said "there is no need - we are going to move forward with the suit"!
What should I do now? The credit card is not even on my credit report. It is well beyond the statute of limitations in my state. I'm so frustrated and confused. Aren't they breaking the law by giving me bogues info about the attorney? Can THEY be sued?
Thank you for your time.
yeppers...if its outta sol in your state just let em sue you..it
yeppers...if its outta sol in your state just let em sue you..it will be dismissed by the judge when you raise sol as your affirmative defense..second, if they are giving bogus info about attorney-yes-thats against the law-providing false misleading info to collect a debt...pretending to be an attorney when they are not that too is against the law..look at the fair debt collection practices act in the section about prohibited collector acts..its all in there..as an added bonus if these clowns do try to sue, you can counter on the above info...goood luck
did you request validation from them at all? i would not give th
did you request validation from them at all? i would not give them another dime..
i am sure someone else will be around to help you further. :)
All cease and desists need to be done in writing...preferably se
All cease and desists need to be done in writing...preferably sent CMRRR. Asking them over the phone wont stop them from calling. At the same time, send them a FOAD letter telling them to pound sand if it is out of SOL.
anon-- ok, you really have a rather easy situation here, to b
anon--
ok, you really have a rather easy situation here, to be honest. I completely understand how these people have freaked you out, but the truth is that this is pretty simple to handle.
First things first--they claimed that they have filed suit. You need to check with the court clerk's office in your county and in the county where your mother lives. Also, check any other counties you may have lived in within the last 10 years. Federal law--the FDCPA--states that if they sue you, it can only be done in one of two places--the county where the debt originated or the county you currently reside in. Anywhere else is illegal, and if they did file a case against you somewhere else, you can have it dropped by filing a motion to dismiss based on improper venue.
It also sounds like you were never served a summons, so if there is in fact a case, you can add "improper service" to the grounds for dismissal. If you need help in filing these, let us know and we can help you put it together.
Now, if there is no case filed against you that you can find, you MUST pursue these people. I am adamant about this--in this day and age there are FAR too many illegal debt collectors robbing people of money that they are not entitled to, or using illegal means to take money on legit debts. The ONLY way we can stop this mess is to fight the activity. If you find that no case has been filed against you, you should immediately file complaints with the FTC, your state attorney general's office, and the state AG's office in their state. Could you tell us what collection agency this is? A lot of our members have experience dealing with specific collectors, and can better prepare you to deal with them if we know who it is.
From your post, I can already tell you that there most likely is no lawsuit filed at this time, because they left you a voicemail that said "there is a civil suit against you" and then they told you that "you will get sued" when they treid to offer you $250 settlement. These guys, in my opinion, are jacking you around. If they had really filed a lawsuit, they wouldnt be telling you that "you will get sued"--you already would have been sued!
Get back to us with the company's name, and we will help you figure it all out. But above all, DONT PANIC--these crooks need to be taught a lesson.
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WOW!skydiver gettin er done.you are on the money my friend.time people started putting it to these posers and fakers playing collector.
"litigation company" Was it maybe Midwest Litigation? If so, ha
"litigation company" Was it maybe Midwest Litigation? If so, have no fear...they will probably never call back. My attorney says there's really no way of getting a judgement against them & collecting it. The judgement is easy, the collecting is not, because they're like a shadow that keeps moving.
Regardless of who it is...I'd not do a thing until they file suit.
Thank you all for the information! The company is Integrity Fin
Thank you all for the information! The company is Integrity Financial Investigative Services. I'm still waiting on the information that is being sent to me from the FTC. I did file an official complaint against them there, but I only sought advise from my State's Attorney General. I never thought about filing one against them in their own state. I am so frustrated because I can't believe that they would so far to make up the name of their attorney. I can see how many people would just open up their wallet to them. This debt is not even on my credit report anymore! I want to turn the tables on these guys if it possible. Any additional advice you all can give me will be helpful.
They will not likely sue you and if they do, countersue. And
They will not likely sue you and if they do, countersue.
And that company name sounds a lot like Integrity Security & Investigation Services, Inc. Here is a suit against them for FDCPA violations back in 2006 for comparison purposes.
Integrity Security & Investigative Services phoned my boyfriend'
Integrity Security & Investigative Services phoned my boyfriend's family recently. He called them to find out what this "case" was about. They couldn't not confirm anything in writing. They said his debt was over $2k from a Discover card he had in 1994. A card that has a $0 balance/closed account. If there was debt, it was surely written off as a loss from the Discover company, since he hasn't received anything in the mail from any collection agency. They gave him a case number and said if he doesn't pay it, they'll sue him. They offered several solutions which included a one time payment of $900, installments equal to $900, etc. Since he is now unemployed (due to the economy), he offered a one time payment of $300. He fell for the scam and gave them our debit card #, and agreed to a one time payment for the end of the month.
Reading all of your helpful posts, is there anything he can do? Or, is he binded to this? Sure, we can cancel the debit card and call the attorney general's office...but is bound to this recorded agreement?
Don't pay a dime without anything in writing. These companies do
Don't pay a dime without anything in writing. These companies do this a lot, they'll make a verbal settlement, you pay it. Then they sell the remainder to another bottomfeeder and the process goes on.
The answer to your question is yes, and yes. It is required by Federal Law (the FDCPA) for them to send you, in the mail, the dunning letter within 5 days of initial contact with you. So they will not likely sue you if they cannot follow the law, it doesn't bode well for them.
And, WHAT?! They are trying to collect on a debt from 1994? Shoot, when they threaten to take you to court, I'd threaten to take THEM to court. Guess who will have better chances in winning the case... Send them a Cease & Desist letter immediately. Double check your credit reports, if it is on any of them, dispute with them (in writing).
Discover
This company probably just bought the debt since I too received a call threatening civil litigation on a Discover card debt from 1995. They transferred me to an investigator who offered to work out a deal, i told them to send documentation showing that they are the owner of the debt and they stated they dont mail anything out. I let them know to go ahead and send me the summons for the civil case. I doubt this will be arriving any time soon.
2006 complaint
Quote:
Originally Posted by Chrys Henderson They will not likely sue you and if they do, countersue. And that company name sounds a lot like Integrity Security & Investigation Services, Inc. Here is a suit against them for FDCPA violations back in 2006 for comparison purposes. |
The complaint in 2006 was filed by the FTC against the above named company for surreptitiously obtaining and selling confidential customer phone records and financial information without the customer's knowledge or authorization. It was not in connection to debt collection. It had nothing to do with the FDCPA. Section 5(a) of the FTC Act 15 U.S.C. 45(a) is a basic consumer protection statute which provides that "unfair or deceptive acts or practices in or affecting commerce...are...declared unlawful."
Additionally, the above named company is not the same as the agency this blog is about. Integrity Financial Investigative Services, Inc. was created in the early part of 2009 by a man named Marcus Tillman out of Marietta GA. IFIS website is of the lowest budget possible and their threats are a ridiculous farce. They are just another fly-by-night collection agency who will not answer lawsuits filed against them and will go under in a short period of time. The best course of action is to ignore them.
They cannot and will not sue you nor will they do any of the other ridiculous things that they claim.
I just received a phone call from them, threatening to sue. They
I just received a phone call from them, threatening to sue. They turned down my offer to pay and thank god I did not give them any financial over the phone. They are threatening to take me to court over something that is way out of the statute of limitations. What do I need to do from this point? They refused to send anything via mail only fax, but I dont have a fax machine.
Quote:Originally Posted by AnonymousI just received a phone call
Quote:
Originally Posted by Anonymous I just received a phone call from them, threatening to sue. They turned down my offer to pay and thank god I did not give them any financial over the phone. They are threatening to take me to court over something that is way out of the statute of limitations. What do I need to do from this point? They refused to send anything via mail only fax, but I dont have a fax machine. |
you are sure this is beyond SOL.if so then tell them to haul you into court.then you present your proof of it being past SOL,and the judge dismisses it with prejudice.then it can't be sued on again.chances are they know this,and want to threaten you instead.do a search in the bar top right.it should provide an address to send a FOAD letter.