Expert: Chris Ebert - 6/18/2010

Question
I received a voice message on my cell phone. The individual identified himself as Robert Diller of Harrison Law firm. He proceeded to state that "this call is to inform you that a law suit has been file against you by a financial institution on your end; your name and social security number, but unfortunately I was unable to reach you so call back at (415) 366-0213 to get information and case file."  The person had an African accent and appeared to be reading the information from a script because he paused for approximately 30 seconds as if he was trying to pronounce "unavailable" After I heard the message (about 4 hrs later) I dialed the number that was left. I noticed there was no mentioned of the name of business (wouldn't it be since it is suppose to be a law firm?) The automated message instructed me to press 0 if I wanted to speak to an operator, so I did; the phone hung up. I tried this three times. I live in California and I want to know my rights as a consumer. So this firm sue me even though I never received any documentation?

Thank you

Answer
Giavanna,

I am with you that this call sounds very suspicious. There are a lot of debt collection scams right now.

I would verify that a lawsuit has been filed. It is not uncommon that it could take a while to get served after the lawsuit has been filed. You can call your local small claims court / Justice of the Peace / District / Superior Courts to see if a lawsuit has been filed against you. Some jurisdictions allow you to search online via your name.

If you have been sued, you will want to answer the lawsuit. You can do this yourself but I have found that even if you answer a lawsuit yourself you should consult with a local attorney as they can provide valuable insight. You can find a local consumer attorney at www.naca.net

If this is a scam then you can file a complaint with Attorney General in your state. Beyond that the scammers are probably hard to track down and get money out of.

Chris Ebert
http://www.henleycreditlaw.com