| national filing service |
| National Filing Service Pacific Management and Recovery LLC \ Illegal Conduct Corona , California |
| 4th of Jun, 2011 by User260184 |
I have done a lot of reading and have also been contacted by these less then reputable debt collectors. Let me say a few things up front I know to be fact. 1 I worked for a reputable debt collector when I was about 19.
2 I have never had a credit card with a limit over $300 in my life
2 I am fully aware of the FDCP and how easy it can be to violate it.
3 I am also aware of the fact that state collection laws vary from state to state but it is important to know that the debt collector MUST follow the law of the state you live in as well as federal law. If you are a Texas resident, youll be happy to know that we have some of the best consumer protections in the United States as they relate to the collection of debts. Texas Law, specifically Texas Finance Code, goes much further than Federal debt collection laws by providing a set of detailed guidelines that must be followed by debt collection firms and credit reporting agencies. I was called by a so called process server on my cell phone while at work from an unknown number. He first asked if I was the individual he was looking for and if I was going to be available in the next 4 hours to be served legal documents. I was totally caught off guard with this tactic. He told me to call 888-806-3101 and provided a case number. I immediately called the number to find out what was happening and got a woman named Mary Rush. When she answered the phone all they said was corporate offices can I have your case number. I provided her the case number and asked what this was about. She then proceeded to state that she had to go get my file from the attorneys offices up stairs and asked if I would hold. When she came back, she confirms my name and address from the file. Note The information she read to me was correct. She then proceeded to tell me the following in this order.
They had been trying to contact me regarding your account that had been sent to her office and she was trying to contact me before it was filed in court.
They had done a finical evaluation of me and were aware of my home, cars, and my stock accounts and intended to get a judgment against me.
After they get the judgment they will garnish my wages, go after my house and cars as well as all of the stock I own to recoup the debt, interest, fees, court cost, and restitution to the tune of over $5,000. After all of this threatening talk she told me that if I wanted to take care of this issue, the attorneys office had authorized her to accept a settlement of a lump sum of $1,000 or $ $506.46 and monthly payments of $ $253.22 until the balance of $2025.83 was paid in full. She stated that in order to show the attorneys offices I was serious about resolving the issue, she would have to have some form of payment today by the close of business. She can accept a check by phone, or credit card payment form a Visa or MasterCard. I told her I had no idea what debt she was talking about and told her I needed the information in writing to confirm it was even my account. She stated that the matter could not wait, as it was going to be filed in the morning. I told her I would call her back after talking to my wife. During this conversation, when I asked to be mailed verification of the debt, she stated they had sent me a certified letter that was returned as refused. Note Funny I never declined delivery of anything nor has my wife. After I got off the phone with NFS, I received a call from my sister in another state telling me that her mother in-law (no relation to me) had had someone also call her wanting to serve legal papers for me. They provided the same phone number and case number. When I called her back as agreed, I had to leave a message. Two days go by and I had had time to think about this situation and went on the attack so to speak when she finally returned my call. First I ask her the name and address of the company. I was told National Filing Services and got the Corona CA drop box address that everyone else has gotten and reported. Next I asked her for the attorneys name. Remember before she stated when I originally called she said can you hold while I go get the file from the attorneys offices up stairs? Well she now states that they have not retained an attorney yet. This brings me to ask her so there is nothing filed yet, is that correct? She replied, that yes nothing has been filed. Remember that process server that asked if I was available to be served legal documents? What legal documents they be serving if there is no attorney yet? Now that I have started putting her on the spot, I request she send me the account information in writing. She informs me again there is a deadline of the close of business tomorrow before the case will be filed in court. She now wants to email me the documents. I tell her that email if fine BUT I still need it mailed to me. Several hours after this conversation, I received another call from this Process Server. This time I was ready for him too. When he called, he again asked if I was available to be served. I asked him what he had to serve me? First I asked what court it was from. There was a long pause and he then stated it was from Williamson. Note I verified nothing has been filed on my in this county as of today. He stated a court summons and asked if I had contacted his client. I asked him if he was sure he had a summons as Mary Rush said they had not filed anything yet. This really stumped the guy. I kept up the attack and asked how he had anything from a court if his client had not filed anything? I then asked him who was incorrect, him or his client? He refused to answer stating he would check with his client and hung up. 24-48 hours after I provided her the email address, the same old settlement letter was received from the following email address [email protected]
This letter only lists the following items. 1 Original creditor
2 Part of the original account number
3 Case number
4 Settlement offer as stated above
5 This statement Upon receipt of certified funds and your authorized signature, the file will be closed. We shall notify our client that the obligation has been paid and satisfied and you will receive the proper documentation needed to notify the credit bureaus and update the credit account to a PAID IN FULL status.
5 A very small printed FDCP disclaimer. Here are the FDCP violations I know. 1 At no time did anyone ever verbally state any form of the FDCP disclaimer or This is an attempt to collect a debt and any information obtained will be used for that purpose
2 Failure to provide verification of debt.
3 Intimidation (Threats of wage garnishment and the like)
4 Falsely claiming there was lawyers involved.
5 - Falsely claiming they had court summons to serve. Here are the state violations I know of. 1 Failure to be bonded and licensed with the Texas to collect debts in TX.
2 Failure to validate the debt.
3 - Failure to provide information about the debt including proof that the debt has been legally transferred to them by the original creditor, the original balance, the date of original default, and the date of debt transfer.
4 - Providing misleading representations to collect debt. Know your rights. Note They law of the state you live in governs what they can do to you legally not the state they are in. 1 - Texas AG FAQ on Debt Collection https://www.oag.state.tx.us/consumer/debt_collection.shtml
2 - Texas Fair Debt Collection Statute http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm
3 - Texas Requires a SURETY BOND be recorded for a debt collector to collect in Texas. You can check for one on file here. http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
4 Federal Debt Collector Laws - FDCP - http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf |
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