I got a call from a debt collector stating that they have attempted to supoena me at my former address and will now attempt to serve me at my workplace. They claimed that because the account had been closed with a balance, the original creditor was seeking fraud charges against me. I had made a large payment on the card and closed it. The woman asked me "for the record" if I had attempted to defraud the creditor. She said they believed I attempted to "take the money and run". But, because I claimed not to intended fraud they would settle out of court. She put me on hold and came back with two offers. Both of which were "today only". I told her I would not commit to anything unless I received an offer in writing and presented it to my attorney. She responded that I won't get the offer after today and that litigation will proceed unless I settle. I responded again that I will take no action without legal counsel. She abruptly said "ok, Good luck with that, Goodbye" and hung up. I haven't an attorney yet, but have made some calls. The fraud charges seem phony yet still ominous. Is this an avenue which they can take? If not, is this sort of threat even legal?? Any advice, please??
I would immediately go to the clerk of the court in your county and ask to see your public record. That will show you whether a case has been filed against you or not. I'd also find out whether you can check your public record online or not. If so learn how to do it and check your public record daily. If you can't access your public record on line then you will have to go check it about once a week or so to see if a case has been filed or not. If so you will have to respond but my best guess is that they were simply trying to scare you into paying up which is in itself an FDCPA violation if no lawsuit is forthcoming quickly. On the other hand, since it was in a phone conversation you would have a difficult time proving the case since you didn't record the conversation.
I have a recorded voicemail message saying I am a respondent in a legal action and need to reply within 24 hours. I checked the public record and no case is filed. When I spoke to them on the phone, I had it on speaker and my wife heard the entire conversation (don't know if that helps). They stated that they have attempted to subpoena me twice and next at workplace. No case? Where does the subpoena come in? After further investigation, it seems like a fradulant debt. They claimed their client was provdian. Yes, years ago , I had an account but, I settled with Chase after they acquired Providian. The Company (going by the name of National Legal Systems) is not listed on any credit report as owning any debts. Furthermore, the only National Legal Systems I could find, was actually a reputable law firm who specialized in debt relief and consumer protection. They informed me that they have received many similar calls in the last month. They researched the collection agency and could not find them on the national business registry. So, at this point, I am going to call them back (recorded of course) demand an address, what jurisdiction the supposed lawsuit has been filed. Demand that they validate the debt, and desist contact except to my attorney. If I can get enough on them, I will file a suit for the multiple FDCPA violations and harrassment against me.
That may or may not mean anything depending on what state you live in. In almost every state there has to be a case on file at the court clerk's office. If they do file on you has the statute of limitations ran out on them? You need to check that if you don't know. You might also want to check with your state attorney general and your state consumer protection division to see if they know anything about that outfit.
