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Don’t Get Scammed By This Illegal Debt Collection Tactic
Indeed we are living in strange economic times. We have consumers who were already burdened with high debt, losing jobs or suffering cutbacks to income, just trying to survive. And, on the other side, we have the banks and collection companies working overtime to try to squeeze that last penny out of you. If they could legally send Vito to turn you upside down and shake you until the money falls out, I’m sure they would.
So, in the interest of keeping you, my loyal readers educated and self empowered, I am going to share with you a new tactic, which is highly illegal, being used by 3rd party debt buyers and collection agents.
Here it is. You’re in your home minding your own business, when the phone rings. At the other end is someone who sounds very nice and sounds quite surprised to learn that you are home. I mean give me a break, she just called your house. She then tells you that she is a “dispatcher” and they just had someone at your front door, trying to serve you papers. He left the property and did not serve the papers because no one answered. OK–now please pay careful attention. No one came to your house.
Now, with academy award acting skills, she asks if you know who could possibly want to serve you papers? She tells you that you sound like a nice person and she will hold the papers, and not serve them, if you call this number, which she then provides, and tells you to ask them what the problem is, because maybe it’s a mistake. She even gives you the case number! Lets pause to breathe here. So far this whole thing is totally absurd. Process servers get paid to serve papers. If no one is home, they simply tape it to your front door.
So, can you tell me what comes next? No problem, I’ll tell you. You call the number and it is, of course, a debt collectors office. You give the case number, and the person on the other end, is also very nice. She says, boy, they must have served everyone in your state today, because her phone is just ringing off the hook. OK, now remember, you did not actually get served. She then tells you that she works for this Third Party debt buyer, and they have your debt of whatever the amount. My source had a debt of about 3,000 dollars, which they said really was only 1200.00 but they tact on legal fees. She wants to help you and can offer you a deal of 1200.00 in 3 payments, and mark the account paid in full. Note: They most likely purchased the debt for 100.00 dollars!.
What they are trying to do, is weed out those people they think they have a chance to collect on through a judgment, if they spend the time and money to take you to court. If you are approached in this manner, whether or not you settle is your business, but, what they are doing is highly Illegal under the Fair Debt Collection Practices Act. A creditor cannot threaten to sue you, and not do it. In this case they lied to you, and said they tried to serve a subpoena, but did not, it is grounds to sue them! So if this happens to you, play along, and document everything. If they do sue you, you can counter sue them and you do not need a lawyer to do it. The clerk of the nearest court house will be happy to give you the paperwork. You can also, use as leverage, the fact that you know what they are doing is illegal, and you are going to forward their phone number with a nice little story to your states Attorney Generals office, then ask, if they are willing to settle for 100.00.
I hope you have found this information useful. If you need debt help please do not hesitate to call us at: 866-766-2465, or visit us at: American Debt Enders. If you enjoyed this article, by all means, feel free to subscribe to our FREE Newsletter at: FREE CREDIT COUNSELING NEWSLETTER.
Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
help@americandebtenders.com
877-766-2465
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