Is this legal? (Debt Collection)

[Aaron1124]

On 06-17-2013, I received a voicemail from an unknown number. The voicemail was from a male individual who identified himself as "Mike Anderson". He claimed he was with "Process Verifications". He left his contact number at, 877-300-4842, and referenced a case number as: 2013-10380. In his voicemail, he stated that they have made two attempts to deliver "legal documents" to my address, and a "third and final" attempt would be made, and mentioned how I could face an FTA (Failure to Appear) if I did not receive the documents.

Upon contacting the number, I spoke with an individual who identified himself as "Mr. Rodriguez", and he claimed to have been working for the debt collector who is handling my outstanding US Bank account, but denied being a debt collector. He informed me that I was going to be under investigation by my district attorneys office for fraud, and mentioned how I could be facing criminal charges, which would include heavy fines and jail time, however, he now mentioned that there is no lawsuit in action at "this time".

He offered to settle "out of court" for a percentage, and claimed that the investigations would be dropped by the district attorneys office if I agreed to settle. Upon doing research on this organization online, it appears that these tactics have been used on multiple individuals in the past, and they have operated under various names. "Hampton West" being another name that they have done business as.

I found these tactics to be very unethical. The US Bank account was back from 2007. I did not even know I owed them. Apparently, it's from an old overdrawn checking account that was overdrawn by a few hundred dollars, which has somehow accumulated up to nearly $2,000. I told him that I would be contacting US Bank in regards to resolving this debt. I then asked if he could mail he the documents that show how much I owe, and he refused. I am not sure what steps I should take here.

I also live in Washington State, and I can guarantee that NO one has attempted to deliver me ANY documents. When I asked about it, he concluded that it's "no longer necessary" to deliver these documents, as he spoke with me on the phone. It just sounds really shady.

 

[Fallschirjmäger]

Definition:
The statute of limitations on debt in Washington limits the time you can be sued for a debt.

Oral Contract: 3 years
Written Contract: 6 years
Promissory Note: 6 years
Open-Ended Accounts: 3 years

It's quite likely that the bank itself wrote off your debt which was then picked up by a debt collection agency for fractions of a penny on the dollar. It's not unheard of for such agencies to try to collect debts that are beyond the statute of limitations and therefore legally noncollectable. It you pay, then it's entirely legal as you "volunteered" to pay.

Assuming that the debt is genuine, then they no doubt have paperwork on it. Assuming that you still live at the same address, why didn't a letter reach you?

 

[Fallschirjmäger]

This advice comes from Clark Howard

---Always record any calls from/to a collector.
---If your debt is outside the statute of limitations, you are not required to pay up. However, you should honor your obligations when you're financially able to do so.
---You have the right to tell a collector never to contact you again. Use a drop dead letter* and send it via certified mail. You can still, however, be sued against the debt even after sending this letter.
---If you legitimately owe money and wish to make a deal to pay, never give a collector your checking account number over the phone. Collectors routinely take more money than they say they'll take.
---Never pay one cent until you have an agreement in writing stating your payment(s) will resolve the debt in full.

*(Date)
To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,
(Name)
(Account No.)

 

[Freedom1Man]

You might try checking out http://www.whatliesinyourdebt.com/ or http://zerodebtguaranteed.com/

Legal, likely it's to scare you into paying a debt that you may or may not owe. Ethical though, no.

If you admit that you owe the debt then you're on the hook for it.

 

[March Hare]

Demand documentation for everything.

- A copy of the signed contract that shows that you are legally obligated to them for the amount owed.
- Documentation of the amount owed.
- Any and all attempts to contact you.
- Copies of any recordings of phone conversations, if any.

Admit nothing, deny everything and demand proof.

I'm not a lawyer, but you have the right to see the documentation and if they're legitimate, they'll provide it to you.

Good luck!

-MH

 

[Mike]

Ignore these calls - it's a scam one way or another. Don;t talk to them, don;t respond in any way - these predators take money from the old and dumb.

 

[Ca Patriot]

if its a debt collector then ignore them. or tell them to come out to your house to pick up the check and stand in your doorway with your gun on your hip. hold the check in one hand and your gun in the other hand. make sure to film

 

[notalawyer]

if its a debt collector then ignore them. or tell them to come out to your house to pick up the check and stand in your doorway with your gun on your hip. hold the check in one hand and your gun in the other hand. make sure to film

Advocating someone commit a felony, even in an attempt to be funny (and failing miserably, BTW) is probably not in this site's best interest.

 

[Firearms Iinstuctor]

if its a debt collector then ignore them. or tell them to come out to your house to pick up the check and stand in your doorway with your gun on your hip. hold the check in one hand and your gun in the other hand. make sure to film

I would never advise some one to use force or a show of force when not necessary except to defend ones self against a violent or perceived illegal attack.

If people drew their firearms as much as CA Patriot advises them to, a lot of them could very well be charged with crimes.

 

[b0neZ]

On the odd occasion I've had to deal with "debt collectors".

Never did I admit to anything over the phone (not even if they had the right person), and told them that if they are sure they have the right person, then to contact me my mail only and not to call anymore. After saying that, simply hang up.

The mail contact only request is something they have to comply with per FDCPA. Only twice has someone actually followed through, and both times were found to be false.

 

[eye95]

The only advice I'd listen to in this thread is Mike's.

Do NOT take CaP's advice! It could get you arrested or killed.

 

[Maverick9]

Scam. Do not reply. Might even consider changing your phone number. These are becoming more and more common.

 

[Freedom1Man]

Ways to answer the phone for unknown numbers...

Whisper, "The job is done, you're still going to handle the bodies right?" or "The job is done, is there supposed to be that many bodies though?"

Authoritarian voice (think police officer), "Excuse me, but how did you know the deceased (or victim). Sir/Ma'am I need you to stay on the line, I will need your full name, your home address, and your home and/or cell phone number."

"This is Mr. Bigg, how can I be of service?"

Get creative, they might become too scared to call. Make up a script or learn how to ad-lib.

 

[END_THE_FED]

.................Authoritarian voice (think police officer), "Excuse me, but how did you know the deceased (or victim). Sir/Ma'am I need you to stay on the line, I will need your full name, your home address, and your home and/or cell phone number." .....................
.

You mean kind of like this?
http://www.youtube.com/watch?v=s898wpcgcJM

 

[kdt1970]

It is a scam, I have had similar calls to my house.

 

[Freedom1Man]

You mean kind of like this?
http://www.youtube.com/watch?v=s898wpcgcJM

That was a little over the top but same idea, yes.

 

[joanie]

I agree, ignore the calls. I get these strange calls with people wanting to talk about their new car, or the movie they seen last night. Uasally when I try to respond to their rantings about cars and movies, the phone opperator cuts in and locks the call. Only they don't call it a "phone call" they call it "fabric" (I'm locking this fabric) . It's like calling a "topic" a "thread" Kinda makes me want to rip the phone cord out of the wall.

 

[EMNofSeattle]

Authoritarian voice (think police officer), "Excuse me, but how did you know the deceased (or victim). Sir/Ma'am I need you to stay on the line, I will need your full name, your home address, and your home and/or cell phone number."

Impersonation of a peace officer FTW!

---Always record any calls from/to a collector.

The OP is in Washington, in WA you may not record a telephone call without consent of both parties on the phone.

RCW 9.73.030
Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.

Now if it is blackmail, extortion, or unlawful demands you may be able to record... but be very careful about this section, if you play the tape recorder and he's acting all legit once that tape starts rolling you're committing a crime... unless you tell them they're being recorded, which guarantees they'll not extort, harass, etc you.

 

[eye95]

I record to STOP the bad stuff from happening, not to play gotcha games with the recording.

Analogously, I OC to STOP the bad stuff from happening, not to play gotcha games with the bad guy.

When you get such a call in WA, announce that your are recording, and let the guy either hang up or hang himself.

 

[countryclubjoe]

Demand documentation for everything.

- A copy of the signed contract that shows that you are legally obligated to them for the amount owed.
- Documentation of the amount owed.
- Any and all attempts to contact you.
- Copies of any recordings of phone conversations, if any.

Admit nothing, deny everything and demand proof.

I'm not a lawyer, but you have the right to see the documentation and if they're legitimate, they'll provide it to you.

Good luck!

-MH

Great information. I would also add. DO NOT have any phone communication whatsoever.
Contact via USPS only.
Best Regards.

CCJ