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Phone call stating I am going to be served....

Date: Wed, 08/11/2010 - 16:18

Submitted by aggiemom1013
on Wed, 08/11/2010 - 16:18

Posts: 34 Credits: [Donate]

Total Replies: 24


Help....I received a phone call today from a man saying he was from Legal Claims. He asked me if I was Dawn Ellis, I said yes. He said they were just verifying they had the correct person and address, as I was going to be served papers to appear in court. He said I would get them next week. (I am in Texas, by the way). I asked him for what and from who. He said it was a civil lawsuit and it was from a company called RS & Assoc out of California. I have never heard of them nor have I ever had any contact with them. I told him that. He told me I could call them to see what it was about. He gave me their number and a reference number. I called the number and I told the lady that answered that I had received that phone call. I told her I did not know who their company was, nor had I ever had any contact with them. She said they were a litigation company, and that I was being served for "intent to defraud a financial institution". I said "What?" and "From who?" She said it was on behalf of Citibank, for Paul Harris. I vaguely recall that Paul Harris was a department store back years ago that I had a credit card through. I honestly do not recall the last time I had any contact about that account. I did not think I owed anything. The Legal Claims man told me it was $4500. The lady at RS & Assoc said the principal was $4500 and then explained that they try to get consumers that way and that I most likely did not recognize the amount because that was not my original credit limit. She said they were seeking judgement of $7700, and that if I let it go to court, they would seek the full amount, but if I could pay now, they would be able to get it to where I only paid 60% of the principal, which would be around $2900. She asked how much I could pay by Aug 27th. I told her not much at all, as I have 2 kids in college. She said if I could pay $999 by Aug 27th, she could have the processing stopped and I wouldn't be served, then two more payments due in Sept and Oct. I told her no, I can not afford to do that. She said if I couldn't do that, then I would have to be served and it would go to court. She said she did not know Texas's rules and such, but that I should probably get an attorney, as they would be seeking the full amount. She said she was not an attorney and could not advise me, but that that was what she would do. She asked me if I had closed an asset with USAA recently, and I said no, that's my insurance company. She asked if I still banked with JSC Federal Credit Union and said that they had received affidavits from JSC stating that I had financial history and was eligible for litigation. She asked if I still had my asset from Chase, and I told her no. She seemed surprised and said they had it noted that I had a car loan from Chase. I told her that was paid off in 2007 and I no longer had that vehicle. She said I would just have to let the Constable serve me and go to court and see what the judgement was. I am so upset and worried now. I have no idea what to do. Should I have been told by my credit union that they were contacted by this company? Should I have been contacted by them before they processed papers to serve me? Is this legitimate? I don't know what to think. I am scared to death they are going to try to get $7700 from me for something I didn't even recall I had. I know I did have a credit card with Paul Harris at one time, but I do not have any idea when the last time was that I made a payment to them. She said it showed I was paying $25/mth, and I asked her when this was, and she said 1998-2007, but that that didn't mean I made a payment in 2007 that could just mean that was the last time they noted activity on the account. The strange thing is that I can not find this on my credit report anywhere, not even showing as a chargeoff, which I have several of. Any advice would be greatly appreciated. Again, I am in Texas. I do not know what my state's rules and statutes are regarding this. Thank you.


Holy cow that phone call was so illegal I can't believe it. First of all, get their complete name and address. You need to send them a debt validation letter to verify that they actually own the debt. If it is past your state's statute of limitations (you can google Texas debt statute of limitations) then they CAN'T sue you but they can still try to continue to collect.

If you are served then you still need to send the dv letter certified with return receipt to verify that they own it and what you owe.

Take a deep breath. My first instinct is that it is a bluff to get you to pay immediately. But they may sue you. Do you owe that kind of money to Paul Harris?


lrhall41

Submitted by Debt Free to Be on Wed, 08/11/2010 - 18:14

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They can't "serve you" until they file a lawsuit. Then you will receive service telling you that you've been sued. If this happens, I would definitely respond to the court, otherwise they will get a default judgment.

If they sue you, you should respond, which would give you more time to settle. Contact the court on the papers if this happens - they usually will tell you how you can respond without a lawyer.

Of course, this collection agency could be lying. You won't know until you've been sued. I would try to settle. Don't pay more than you can afford and GET EVERYTHING IN WRITING! Good luck.

It's not the end of the world. You can settle now, after they sue you and even if they get a judgment. So there is hope.


lrhall41

Submitted by on Wed, 08/11/2010 - 18:22

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P.S. I think the statue of limitations is 4.5 years in Texas from the day you stopped paying. So I would definitely figure out the date to see if it's been more than 4.5 years.

They still CAN sue you outside the statute of limitations, but if you simply respond to the lawsuit saying that it's outside the statute of limitations, it will be dismissed.


lrhall41

Submitted by on Wed, 08/11/2010 - 18:25

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RS & Assoc said they are not a collection agency, that they are a ligitation service. They are the ones that have supposedly turned it over to a processing company, which they said was called Legal Claims, and that's who I got the first phone call from. RS & Assoc said it was being filed on behalf of Citibank for Paul Harris, which I had a credit card back years ago, but I know it had a very small credit limit, like either $300 or $500, and the more I think about it, I just honestly can't remember when I last heard anything about them. I really thought I had paid that one off. I have no idea who the collection agency is. RS & Assoc says I am going to be served for "intent to defraud a financial institution", but I'm thinking, wouldn't I have gotten some kind of notice for this before it went to a processing company to serve me with court papers? That costs them more money to go to court. Wouldn't they try to contact me to settle it? And I've heard nothing. But they say they are not the collection agency, yet she told me they could get the processing stopped if I agreed to settle it for 60% of the principal amount, which she said is now $4500 due to interest over the years, but that whoever is supposedly filing a civil lawsuit against me is trying to get $7700, and if I let it go to court, that's what the judgement will be for. She kept telling me it's their burden to prove I owe the debt, so I keep thinking maybe it's legitimate, but then I think, if they are going to sue me, why would they call and tell me I'm getting served? A person might try to avoid that if they knew about it. ???? I'm so confused, and I'm so worried and sick over it. My stomach has been in knots all night. Financially, if I do owe that amount, there is absolutely no way I can pay that at one time. I just don't know what to do. I don't know if RS & Assoc is really a ligitation company, or if they were a collection agency trying to use scare tactics. But, the guy that called me from Legal Claims called me from a Texas phone number (I was my city's area code), so that makes me think maybe they were telling the truth?


lrhall41

Submitted by aggiemom1013 on Wed, 08/11/2010 - 19:19

( Posts: 34 | Credits: )


Quote:

Originally Posted by aggiemom1013
I just called the number back that I first got the call from (the man who said he was from Legal Claims) and it is the desk of a lady with the county court. So I'm guessing this is a legitimate phone call and I am going to be served papers. :-( What do I do?


don't be to sure look up your county court number online.based on the fact that these bottomfeeders lie in their sleep.that could just be a drone telling you that.also look up in your court clerks website as well.for example:

on a thread someone also had a number supposedly to their DA'S office.turns out the actual DA number was totally different.i wouldn't believe this until you do some research.it could be a trick.wouldn't doubt it,or they gave you the actual number to make you think what you are now.just look into it before panicking.


lrhall41

Submitted by paulmergel on Wed, 08/11/2010 - 19:57

( Posts: 15514 | Credits: )


I had the number still in my cell phone, so I called it back, and it was the Court Coordinator for one of the district courts in Galveston County (where I live). The man that called me, which he didn't give me his name, said he was from Legal Claims. When I called RS & Associates, the people he said had sent them the info for the papers to be served, they said they had turned it over to a processor called Legal Claims. I looked on the court's website and that is the number to the Court Coordinator. I'm so confused. I thought this might be a scare tactic a collection agency was using, but now I think it's real, and I just don't understand why I didn't get any kind of letters or anything stating that I owed a balance and asking me to pay this. I would think they would have tried to collect from me before going to court. Any advice on what to do when/if I get served papers?


lrhall41

Submitted by aggiemom1013 on Wed, 08/11/2010 - 21:09

( Posts: 34 | Credits: )


Quote:

Originally Posted by aggiemom1013
I had the number still in my cell phone, so I called it back, and it was the Court Coordinator for one of the district courts in Galveston County (where I live). The man that called me, which he didn't give me his name, said he was from Legal Claims. When I called RS & Associates, the people he said had sent them the info for the papers to be served, they said they had turned it over to a processor called Legal Claims. I looked on the court's website and that is the number to the Court Coordinator. I'm so confused. I thought this might be a scare tactic a collection agency was using, but now I think it's real, and I just don't understand why I didn't get any kind of letters or anything stating that I owed a balance and asking me to pay this. I would think they would have tried to collect from me before going to court. Any advice on what to do when/if I get served papers?


do this for me.go to your court clerks website,and look up these two things.

1)the plaintiff being R&S.
2)the defendent being you.

these places are getting a little smarter in how they conduct their illegal business.basically i'm saying that this bottomfeeder that doesn't even have a license did some footwork,and got a legit number for you to call.check to see if there is anything in their website.if not then it is a scare tactic.i mean your court clerk's.if there is anything filed it will show now.


lrhall41

Submitted by paulmergel on Thu, 08/12/2010 - 05:12

( Posts: 15514 | Credits: )


This sounds very bogus to me. Do as Paul asked. Look up your county clerk's number in the phone book and call THAT! I've never heard of ANY court calling you and telling you ahead of time that they're going to serve you. Service is generally a surprise! They don't warn you they're coming!


lrhall41

Submitted by OhioGal1 on Thu, 08/12/2010 - 05:29

( Posts: 5253 | Credits: )


Quote:

Originally Posted by OhioGal1
This sounds very bogus to me. Do as Paul asked. Look up your county clerk's number in the phone book and call THAT! I've never heard of ANY court calling you and telling you ahead of time that they're going to serve you. Service is generally a surprise! They don't warn you they're coming!


it is bogus.looked up R&S,and they have not posted the required 10,000.00 bond needed to collect or sue.if this place could get 7700.00 they wouldn't call first.they would take you to court for it.


lrhall41

Submitted by paulmergel on Thu, 08/12/2010 - 05:47

( Posts: 15514 | Credits: )


Paul,

How did you find info on R&S? I can't find anything on them. I tried calling the number back, which is listed on the website as one of the numbers for that court, but it keeps going to her voicemail. I was called by a man though. I don't know if I should call the main courthouse number and ask about it or not. I did call my credit union to see if anyone has asked for an affidavit from them, like the lady from RS & Assoc told me they did. I am waiting for a call back. I looked at the court's website, and put my name in for county and district court records, and nothing came up. I'm not sure what to think right now.


lrhall41

Submitted by on Thu, 08/12/2010 - 13:47

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Quote:

Originally Posted by Anonymous
Paul,

How did you find info on R&S? I can't find anything on them. I tried calling the number back, which is listed on the website as one of the numbers for that court, but it keeps going to her voicemail. I was called by a man though. I don't know if I should call the main courthouse number and ask about it or not. I did call my credit union to see if anyone has asked for an affidavit from them, like the lady from RS & Assoc told me they did. I am waiting for a call back. I looked at the court's website, and put my name in for county and district court records, and nothing came up. I'm not sure what to think right now.


okay now it's all coming clear.you went to the website they gave you.bogus,bogus,bogus.go to your court's actual website,or do call the main number.btw i only found out they have no license at all checked CA,and TX databases.this is so phony it's not humorous.


lrhall41

Submitted by paulmergel on Thu, 08/12/2010 - 14:26

( Posts: 15514 | Credits: )


Paul,

I did go to the court's actual website, and that phone number is what is listed under one of the court numbers for the Court Coordinator. That was whose voicemail I got when I happened to call the number back. They didn't give me any website addresses. I have not found one for R&S at all. I only knew which court one to look for by the voicemail on her answering machine (she was not the one who called me, it was a man that called, but that number is what came through on my cell phone).

I called my credit union today, to see if they had given anyone an affidavit. They told me that under no circumstances would they tell anyone without my permission that I banked there, and they had no record of anyone asking. They told me they thought it was someone trying to scare me into paying money that I don't owe. She even said "I have never heard of anyone warning someone they were going to be served. It sounds like they wanted you to ask about it so they could give you that 800 number to call. And if RS is not a collection agency, why did they offer you the 60% of the principal and they would stop the processing?" So half of me thinks it's a scare tactic, but half of me is still worried since that phone number I can trace back to coming from the courthouse and which district court it's under. But I did plug my name into the docket database, and it doesn't come up as a pending case. ????

Can you tell me where you found the info on R&S? I can't find anything on the web about them.

Any suggestions on what I need to do next? Just wait and see if I get served papers? I'm a bit concerned that they had so much info on me....who my car insurance was through, where I banked at, a prior car loan I had that they assumed I still had the asset, which I don't. That car I sold and the car I have now was paid in full when it was bought. It is not in my name though, thank goodness. Thank you for all of your responses. I'm trying not to panic over this, and your feedback is helping. :-)


lrhall41

Submitted by on Thu, 08/12/2010 - 19:34

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This sounds legit. I would just wait for the papers to come. The papers will have a detailed history of the account. Make sure you file an answer with the court after you receive the papers, otherwise they will get a default judgment.

You might want to get an attorney, but chances are an attorney will cost you more than what they are willing to settle for.

I would start researching and digging around to see if this debt could be yours. Call Citibank and Paul Harris for starters and ask what info they have about your old account.


lrhall41

Submitted by on Thu, 08/12/2010 - 20:30

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Quote:

Originally Posted by Anonymous
Paul,

I did go to the court's actual website, and that phone number is what is listed under one of the court numbers for the Court Coordinator. That was whose voicemail I got when I happened to call the number back. They didn't give me any website addresses. I have not found one for R&S at all. I only knew which court one to look for by the voicemail on her answering machine (she was not the one who called me, it was a man that called, but that number is what came through on my cell phone).

I called my credit union today, to see if they had given anyone an affidavit. They told me that under no circumstances would they tell anyone without my permission that I banked there, and they had no record of anyone asking. They told me they thought it was someone trying to scare me into paying money that I don't owe. She even said "I have never heard of anyone warning someone they were going to be served. It sounds like they wanted you to ask about it so they could give you that 800 number to call. And if RS is not a collection agency, why did they offer you the 60% of the principal and they would stop the processing?" So half of me thinks it's a scare tactic, but half of me is still worried since that phone number I can trace back to coming from the courthouse and which district court it's under. But I did plug my name into the docket database, and it doesn't come up as a pending case. ????

Can you tell me where you found the info on R&S? I can't find anything on the web about them.

Any suggestions on what I need to do next? Just wait and see if I get served papers? I'm a bit concerned that they had so much info on me....who my car insurance was through, where I banked at, a prior car loan I had that they assumed I still had the asset, which I don't. That car I sold and the car I have now was paid in full when it was bought. It is not in my name though, thank goodness. Thank you for all of your responses. I'm trying not to panic over this, and your feedback is helping. :-)



they did their homework.that doesn't make them legit at all.bottom line thety are trying to collect on a time barred debt,and actually did some footwork to accomplish this.BFD!!!!!!!in fact your post above me about the car should be a clue to you.why didn't they know you sold it?because they know just enough to get you to think.also your credit union person is right as well.please do not stress over this.i practically guarantee this bottomfeeder will call before this deadline and try to get you to settle again.another point.i don't have any info.the reason i say they are not legit is because i too found nothing.looked in all avenues.bar association,ag websites,dfi websites.nothing.oh,and their story about transferring the case is complete bullsh*t.they have just enough info to make you nervous.that's it.they are nothing to worry about.


lrhall41

Submitted by paulmergel on Fri, 08/13/2010 - 05:05

( Posts: 15514 | Credits: )


Quote:

Originally Posted by Anonymous
This sounds legit. I would just wait for the papers to come. The papers will have a detailed history of the account. Make sure you file an answer with the court after you receive the papers, otherwise they will get a default judgment.

You might want to get an attorney, but chances are an attorney will cost you more than what they are willing to settle for.

I would start researching and digging around to see if this debt could be yours. Call Citibank and Paul Harris for starters and ask what info they have about your old account.


no it isn't if it is not on her credit report it's past SOL in texas.therefore if(and that's a BIG if)she is served she only has to bring that up in her answer,but she won't be served.btw if it is that old chances are they don't have that info.nice thought bit this is not legit at all.


lrhall41

Submitted by paulmergel on Fri, 08/13/2010 - 05:15

( Posts: 15514 | Credits: )


Quote:

Originally Posted by paulmergel
no it isn't if it is not on her credit report it's past SOL in texas.therefore if(and that's a BIG if)she is served she only has to bring that up in her answer,but she won't be served.btw if it is that old chances are they don't have that info.nice thought bit this is not legit at all.


That's not necessarily true. She said it could be from 2007, which would be in the SOL. Also, just because somethings not on your credit report, doesn't mean it doesn't exist.

Further, many CA's will sue on a debt outside the SOL. True, if you bring it up in your answer it will be dismissed, but 90% of people never respond and a CA gets a default judgment.

We really don't know in this situation because she does not even know the facts of the debt.


lrhall41

Submitted by on Fri, 08/13/2010 - 16:20

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Quote:

Originally Posted by Anonymous
That's not necessarily true. She said it could be from 2007, which would be in the SOL. Also, just because somethings not on your credit report, doesn't mean it doesn't exist.

Further, many CA's will sue on a debt outside the SOL. True, if you bring it up in your answer it will be dismissed, but 90% of people never respond and a CA gets a default judgment.

We really don't know in this situation because she does not even know the facts of the debt.


exactly.a bottomfedding slime that isn't licensed,registered,or bonded in either CA,or TX is trying to use scare tactics and basic info to extort money.a few facts.

1)i believe the words CITIBANK,and PAUL HARRIS were used.both are major credit providers in TX,and would be on her CR if it did exist.
2)this R&S is not licensed,bonded,or registered to not only pratcice law,but collections as well.
3)nobody calls in advance to notify of a lawsuit.
4)she already said that there was nothing in her county court's system of a case with either R&S,CITIBANK,OR PAUL HARRIS as plaintiffs,and her as the defendent.if this slime did file papers as they said it would be here it's not.

bottomline everything points to a illegal piece of sh*t trying to extort money,and i'm not changing that stance.


lrhall41

Submitted by paulmergel on Sat, 08/14/2010 - 19:52

( Posts: 15514 | Credits: )


Quote:

Originally Posted by Anonymous
If you want to find out if a lawsuit is filed against you, just drive down to the courthouse. The records are public information. A creditor must file a lawsuit with the court before they serve you. Going down there will give you a definite answer.


i like it,but she already looked at her court's website and there was nothing.so that has been established,but i like the thought though.


lrhall41

Submitted by paulmergel on Sun, 08/15/2010 - 16:37

( Posts: 15514 | Credits: )


Paul,

Sorry I didn't post this earlier, but we were busy moving back into our house this weekend.

I googled the number that the first guy I talked to gave me to call. 866-764-9779. I thought he said RS & Associates, but the searches that came up say R&F Associates. It looks like it's the same thing that happened with me last week. The person gets a phone call from either the sheriff's dept or Legal Claims and is told they are being served, but they can call this number and find out what it's all about. What do you think? Here is the link I found the most comments about it on. I also can not find anything on R&F Associates. Would you try and see if you can? Thanks so much for your help.

http://800notes.com/Phone.aspx/1-866-764-9779


lrhall41

Submitted by on Mon, 08/16/2010 - 08:09

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I had the same thing happen to me this week, I fell for it and gave them my debit card information. After getting off the phone with the 800 number I was told to call a friend told me that you are not ever warned if you are going to be served. I did a reverse phone number look-up and found that these poeple have been scamming many poeple. I cancelled my debit card right away (which is a pain since it is a holiday weekend with no card) however, they were not able to take my money.I received a nasty voicemail from a now private number letting me know my card had been declined. I alerted the bank when I cancelled the card and they also said it was a scam. I was very scared about the supposed papers coming to my work. These people knew so much about me, it really was scary.


lrhall41

Submitted by on Fri, 08/31/2012 - 21:16

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New member here, and i'd like to say how great it is that people exist that actually help each other.

That being said, I'd like to share experiences my son has had in the last few years. Since getting out of the military after serving 7 years. He extended his contract twice for deployments, shortly after his discharge, he was contacted bt a few payday type loans. The first problem was he was in the middle east when this happened, the second problem was the bank account they claimed it was linked to did not exist at the supposed time of the loans.

The crap and threats they gave him were unreal. He threatened them back, and finally his Commander from when he was active stepped in. It is not legal to give a payday loan to any member of the military. It is also not legal to threaten legal action, only collection action.You take legal action or you don't. Many companies still threaten legal action.

I live in Vermont, which only requires one party's consent to record calls. That means if you are one of the two parties on the phone, it is legal for you to record it. federal guidelines do cloud this up a bit, but it won't matter. Since all you're doing is taping for evidence of unlawful action, which will probably make the problem go away.


lrhall41

Submitted by hammer4now on Fri, 08/31/2012 - 23:21

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