Harassment
Complaint
Debra M. Persiano
Country: United States
I got a call today at home from a man stating he was a process server for Collin County DA's Office and he is with the Sheriff's office and needed to come serve a warrant on me. I was shocked and asked why? He stated do you live ....are you still at this address are you now at this address and I stated who are you? He again, stated he was from the county going to serve court papers on me today. He gave me a toll free number for what he stated was the county's office which is 1 866.872.6116 gave me a case no. which he called a Cause No. 008307-TX. I called the number was transferred to a Mr. Fisher's office who stated that law suite in the amount of $6,214.24 was filed in Collin Co., Tx and that warrant was out for me. He then after back and forth said let me get more information from my secretary and state this was for an outstanding debt in from Capital One a credit card that I obtained several years back and had disputes over interest charges etc. He stated that if I did not want to go to court or jail that I could pay $1,951.00 in full by end of business today and this matter could be cleared up. I explained that I recently lost my job etc. Anyway, he stated that I needed to call him back by EOB today or they will serve the papers. Ok, so that was a heads up for me. I called the DA's office nothing is filed on me as of today, after searching PMG it is clear that they do not practice best practices for collections and have been in trouble for this before back in 2004. I need someone to give me advise. I want to pay off my debt, I don't want this type of collections to continue this upset me, made my blood pressure raise, this type of collections are not the right thing to do. Had they called and ask to make arrangements or give me an opportunity to clear the matter, rather then threaten me by taken legal action, or harassment stating they are sending a sheriff over today. This is wrong, bad business, and should not continue this company is bad news.
Comments
Receiving such calls providing some callback number "to resolve the matter before it goes to court" are a further indication of illegal deceptive collection, as process servers have no interest in "resolving" a lawsuit. They are just hired to serve papers on already filed lawsuits, and sign an affidavit certifying that they did so.
Receiving a collection call when you know you don't have any delinquent debts is an indicator of potential fraudulent collection.
Using an old or maiden name is a further suspicious indicator, as it suggests the debt collector "located" you via skip-tracing, and such identification is no more reliable than the competence and honesty of the debt collector, which you already have reason to suspect.
As for not being able to give you any information, that is how this "con" is played. The whole goal is to get you to pay, due to this implied yet unproven threat, and allowing you to dispute or forcing them to validate is what they are trying to avoid. The less information you have, the better, as information might only make you more sure that the alleged debt isn't owed by you, and undermine their various deceptions.
You have four separate indicators of potential fraud:
1) "process server calls"
2) use of your maiden name
3) you don't owe anything
4) they can't give you any information
Additional indicators, noted for their absence:
5) You haven't receiveg an FDCPA required "g" letter, notifying you of the alleged debt and your right to dispute it, yet they clearly know how to contact you.
6) Check your local courthouse, if you want, to verify there is no lawsuit filed against either your current or maiden name.
Note how rapidly these scams produce multiple indicators of fraud, by their deviations from normal expected legal debt collection practice, even in just one call.
You can contact FTC, your state Attorney General, or a consumer attorney.
You can find an attorney in your state through www.naca.net
What names and phone numbers are they using?
I strongly urge anyone interested in following this case to sign up for a Pacer account. It really isn't all that expensive.
It does appear that the court has ordered that all debt collection and repayment agreements by supposed debtors (read: victims) will cease and/or be cancelled in the immediate future.
Interesting info regarding Lockhart, Markham, Larry Stephens (of Brylaw) and various ongoing shenanigans and re: the $750,000 Brazilian bonds purchase.
Justice for victims may be near at hand.....
5:11-cv-01623
I am very interested in reading any documents that you are able to post. Thanks for all your info!
I may have some insight on this. Thank you.
Has the court appointed receiver asked that the "bonds" be put under court control?
Bud Hibbs referred to Shekinah, with connections to "D.C. Brown" in Corona, so clearly the "culture" was already fully developed.
Murphey v. Asset & Capital Management Company: Misclassification claim on behalf of debt collectors for failure to pay overtime.
On July 14, 2011, this employment lawsuit was filed in the Superior Court of California, County of San Diego, North County Division. According to the complaint, an integrated enterprise of debt collection companies in Southern California operating under the direction and control of Jim Phelps, Thai Han and Stewart Phillips intentionally misclassified debt collectors as independent contractors in order to avoid paying them overtime compensation. These debt collectors have the job titles of “dialer” and “collector”. The enterprise controlled the kind of work performed by the debt collectors and also how the work was to be performed. The enterprise also provided all supplies, tools and office space to debt collectors. The debt collectors were supervised closely by the enterprise and could be terminated at will. As a result, the debt collectors claim that they do not meet the test of independent contractor under California law and are entitled to overtime for all the hours they worked in excess of eight in a workday and forty in a workweek.
If you believe you worked as a debt collector for any company that may have been part of this integrated enterprise of debt collection services, your information may be critical to the prosecution of this case. Please contact us now. 858-292-0792
Seriously? Think you were cheated out of "overtime" for your illegal activity. Hahahahahahahahah!!!
If you think any judge is going to be sympathetic once he/she learns what you were doing in the course of your "work" for this "integrated enterprise of debt collection companies".....you're seriously deluded. A more accurate characterization of what these THUGS do is robbery.....over the phone.
What goes around comes around.....and it's certainly coming around.......
If run legally, these would be marginal businesses.
Think about it..
Most businesses only have profit margins of maybe 5% to 7%, after all expenses needed to pay employees and keep the doors open.
Only thing that keeps them going is fraud and "efficient" collection through extortion, while shovelling away the money somewhere else.to evade judgements.
Require validation, take away extortion of unowed payments, pay unemployment and payroll taxes, and after a couple lawsuits, these scams are in the red, ready to shut their doors.
They can't be run profitably if run legally, so the "profits" that keep them going.are a direct result of their illegality. The owners know this, which is why they break them up into a lot of locations to keep going.
Murphey v. Asset & Capital Management Company: Misclassification claim on behalf of debt collectors for failure to pay overtime.
As I said before....come on current/ex-employees.....sign on as a member of this class action along with Joel & Christine and (the respectible) Pam.....so we have a neat, tidy and comprehensive list of who you all are so we, the victims, know where we can find ya........
Whoo hooo!!!
Are they shut down?
Is this verification that CMAG was one of Thai Han's operations?