Hey all, My friend received a phone call from a "private investigator" making wild claims of taking her to court if a debt of 300.00 was not paid...This debt has been over 3 years now and she made a payment in May of this year and has also been receiving numerous phone calls from 2 different Collection Agencies..I told her not to worry since I owe much more than she does (lol) and that seems like a scare tactic into getting her to pay the money she owes...I'd like your input if possible and maybe what possible steps she can take..thank you all in advance..
First of all, that was probably a CA and for them to say they were anything else is illegal. I doubt if they are going to spend legal time on a $300 debt. That would be such a waste of time for a CA or a lawyer. Tell the smuck you're recording the phone call next time.
I see 2 violations in the 1st sentence. I hope they leave a message with that same info for your proof! Or, tell them u r taping if they catch u by surprise. I'd avoid talking to them actually. If you have caller ID, avoid the call altogether. What is the type of debt and what is the SOL in your state? She may be outside that now and can tell them to go f*** off! If not,she will need to find out if this CA or CA's have listed the debt on her CR's. U will need their address to send a validation request to start. Send it to both CA's. When the green cards come back, dispute the debt with the CRA's. There can only be one CA collecting on the same debt but it has been my experiance to just dispute it and rqst validation anyway. The burden of proof is ALWAYS on the CO/CA. However, it cannot be listed with two. If it is, someone is not the legal owner or debt placed holder. If it is listed on her CR, you can normally figure this out by the TL that is older, or with an older "placed" or "open" date. Let the games begin and don't get discouraged! Keep us posted.
Did the "private investigator" leave a name? Private investigators generally need to be licensed with your state. If they are bluffing you, they have both misrepresented that the call is from a CA, and misrepresented that they are a PI.
thanks to all who provided me with your input, I'll pass that on to my friend and have her put some scare tactics in them CAs... The state of the debt is in NY, I'd like to know more about the lenght of time for the debt to be valid on that...thanks again...
Let's be realistic here. A collection agency is going to hire a private investigator for $80 an hour to make phone calls on their behalf threatening to take you to court??????
well I was being realistic b/c it happened to her, and I did what I thought was best, get input from others although my thoughts were along the same line... As for the other reply thanks for the direction...
