Debtconsolidationcare.com - the USA consumer forum

Process server calling

Date: Tue, 10/18/2011 - 14:13

Submitted by aime32
on Tue, 10/18/2011 - 14:13

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Total Replies: 2


Today I received four calls in a row at work from 000-000-0000. As I received those calls, a friend texted me to tell me that someone called him from this same number and said they were a process server looking for me with a summons and that if I did not respond to it, they were going to issue a warrant, which I know they can't do. Then, later in the day a family member texted me and said she had received a message on her home machine for me with the same information as above and that papers were being filed at the county clerk's office. A phone number of 888-712-3109 was left along with a reference number. At this point, I was frustrated so I called the number back and asked what business it was. I was told it was Bertrand Management Group. I gave him the reference number and he told me they were a law office working for a third party and that they could give me a settlement offer before it went to court. He said they usually tried to contact people first to avoid court. I told him I would need some proof of this debt and he said since it was a new account to them, they would not have statements or anything on it until mid-November. I still told him that I wanted some sort of proof that this was my account and if I should just wait to be issued a summons. He then said he could email me a purchase agreement because if it went to court, the attorneys would produce receipts with my signature to prove that it was me and that was a lot of work. After getting off the phone with him, I checked with my local civil court and of course, nothing had been filed. I never received any kind of collections notice from this company. He has since emailed me a settlement offer. Can I dispute the debt off the settlement letter? I never once told him this was my debt and made several statements that I would need some proof that it was my debt.


first have anybody called by these losers file police reports as the idiot broke the law with their calls.then you use the name of this place and the number you have to file AG complaints.everything points to complete bottomfeeding scam.btw email doesn't count as a collection letter.file the complaints,and respond to that BS email that you are filing complaints.then ignore them when they call.


lrhall41

Submitted by paulmergel on Tue, 10/18/2011 - 14:27

( Posts: 15514 | Credits: )


All I can say is, WOW!

These people seem to be breaking every possible section of the FDCPA.

First, did they send you formal dunning notice within 5 days of any intitial communication with you, as required under FDCPA 809(a)?

To place a call to any third party that even intimates that you owe a debt, let alone that they are contemplating legal action against you is a very serious violation of FDCPA 805(b). Any calls to third parties are strictly limited to asking the party if they are aware of your current location. They cannot divulge that you are even alleged to owe a debt. FDCPA 804.

Stating that they are a process server indicates that legal proceedings have been brought against you, and that they are seeking to provide you notice of service of that action. If no such legal proceedings have been initiated, such a representation is a violation of FDCPA 807(9), and more explicitly section 807(13).

I would immediately file a police report identifying the illegal actions being taken by them. Also, a complaint to the FTC and to your state dept that regulates debt collection practices.


lrhall41

Submitted by Lian on Thu, 10/20/2011 - 00:18

( Posts: 234 | Credits: )