AboutChris Ebert Expertise I can answer questions for Texas and California residents concerning issues that involve creditor and debtor rights. Specifically, I can answer questions concerning: FDCPA, FACTA, FCRA, and Texas / California state collections violations.
Experience For the last 6 years I have worked as a Sr. Paralegal in a law firm (http://www.henleycreditlaw.com) that defends debtors against their creditors. I have reviewed thousands of credit reports and under the supervision of our attorney helped hundreds of client resolve their credit issues.
Organizations Henley & Henley, PC
Education/Credentials BBA University of Texas at Austin
Question i received 2 phone calls yesterday saying there's a lawsuit against me for check fraud theft by deception and something else i forgot.according to them it has something to do with a payday loan i owed and did not payback because when they tried to debit my account it got returned. i asked which specific company and they would not tell me they said i need an attoney so they can send all the info to the attorney. but one said it was national payday advance and i need to pay 760.00 that day or else people will come to my house and drag me to the courthouse including the references i put on the loan.i checked national payday advance on the net and there were several complaints from people whogot the same phone calls as i did. i did have several payday loans but i've paid them off. when i closed my checking account i called each of them and made payment arrangements i don't have a loan with national payday advance services. besides is ths a legal way to file a lawsuit? they just call? i know with payday loans if i don't pay the go to colectons and they would call and make payment arrangements or send a letter to settle. and if there's lawsuit they send a letter informing you of the case right. i know this is a scam but i think it's also harrassment they keep calling and one threatened me that it could cost me my job. i asked them for addressess i think they gave me bogus one because one said they are in LA but the zip code was in san diego. when i tried to call them back nobody answers at the phone nos. they give and one was not a working number. law firms are supposed to have receptionists or secretaries or at least a voicemail right? anyway i want them to stop. where do i report them? im thinking of writing to the local news station.
Answer Elran,
1) Much of what you described is against Fair Dept Collection Practices ACT (FDCPA).
a) they can not come and drag you and your references to court that day
b) they can not harass you at work or make you lose your job.
2) If you are sued you will be served lawsuit papers by a constable or private process server. The name of the attorney will be on the notice of lawsuit papers. Most of the letters you receive (especially non certified mail) are just collection dunning letters even if they come from the law firm.
3) To get them to stop calling you at home and at work, you will need to send a cease and desist letter to them via certified mail. Let them know you can only be reached by mail. Keep a call log of when they call after you send the letter.
4) To find any licensed attorney you can go to the state bar website and get their address and phone number. Most attorney's have some sort of answering system.
5) For future complaints you can go to:
a) Your states attorney general
b) BBB
c) www.ftc.gov
d) www.acainternational.com <- the trade association for debt collectors
