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
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Orca Portfolio Management
108 Business Center Drive, Corona, CA
Illegal and deceptive threats, failure to validate.
Note fraudulent collection report consistent with fraudulent collection attempt using information obtained from credit reports.
https://800notes.com/Phone.aspx/1-888-557-5029
"Orca Portfolio Management"
"Global Bureau of Recovery in CA at 951-304-3080"
"OPM and Associates"
"I phoned CashNet USA today, 3/1/2012 and indeed, in June of 2006 I did take a loan for $500 which was never repaid and was charged off in January of 2007. I don't recall taking this loan but, probably did. After all it was in 2006, nearly 6 years ago. I assumed that it was a legitimate collection since they had contacted my family and I wanted to pay the bill. Lucky for me, my bank is refunding me the $377. Please beware of scams! Per CashNet USA, they are aware of this scam as well.
..."
Note shill posts.
https://whocallsme.com/Phone-Number.aspx/8885170244
"Global Bureau of Recovery"
Old address?
27715 Jefferson Ave.
Temecula, CA 92590
Phone- 855-304-3080
Fax- 949-751-1890
Sounds like old "Shekinah"?
"...
hate bureau of recovery!
6 Oct 2011
Use to work for them, they are hypocrites and liars that don't pay. It's owned by this old b***h and she has scum working for her. These people had access to credit reports and called banks and loan offices pretending to be debtors. They called it spoofing.
They hold prayer circles and call debtors Satan and ask god for money. They are part of those church groups that speak in tongues.
They are pathetic liars claiming to be lawyers. The lawyer James turner allowed them to use his firm has asked they stopped using his name. They're the scum of the earth and try to scare people because they bought bad accounts of people who I knew were victims of identity theft.
Call and report them to state attorney generals office.Caller: global burea of recovery
Call Type: Debt Collector
..."
check it out
Whats that? Statute of limitations, you say? 99% of all credit aplications contain overstated income. That equals fraud. What is the statute of limitations on fraud you dumbass?
Be careful of what you read on here, it might just get you sued. Have a nice day.
If no lawsuit has been filed at the time of the fake "process server" call, it's a little too late to file suit. Deceptive collection. You can't unring the bell.
"Even if they violate the FDCPA, that doesnt excuse the debt. "
Fail to validate, and the world assumes you're all liars. Make threats in the process, and you reinforce the message. If you could validate, you would.
"All they have to do is assign the debt to an individual, who walks into court and files against you. "
You sure want people to believe that. Goes along with all the "filing firm" names. So why didn't you sue, if it were so easy? Why all the lying games, "sheriff's deputies", "attorneys", "process servers"? Your scripts, recovered in the FTC raids, reveal how the game is played.
You do illustrate how you think up all these games, however. "Assign it to an individual"? He's still a third party debt collector and his own docs aren't worth sh*t, or are you just fronting dumb*sses, like the inflated property mortgage borrowing scams did? You still try to game the system, even as you say you're "debts" are legitimate.
What's he do if defendant's counsel files for discovery, and you know you can't get any docs? And what attorney would stake his license on this junk, filing with nothing to back it up, when you've already been caught playing "bluff"? You're front may be broke, like all your shells, but any attorney's got a deep pocket, guaranteed by his bar license.
By the way, how's the Riverside County lawsuit against the Corona managers going?
Are they having fun yet?
filing a lawsuit is the easy part. no attorney required. thats why they file as an indiviual, in pro per.
If they are "readily available", why don't you validate?
Why do you work so hard to get money with illegal threats, without validating, and without suing?
Your own actions say you're a bunch of fakes.
"Most companies dummy up sub serve documents and get default judgments."
So is that what YOU do? That's just a fraud upon the court.
This little racket doesn't work well if you actually go to court. That might trip you up.
It only works when you get to snipe at naive victims who don't know what's up.
Once they figure you out, you lose, so you're smart enough to move on to the next one.
But you don't want anyone to know that. It spoils the game.
Think it's easy to get away with fraud through the courts?
It can come back to bite you, with a vengeance.
http://www.ktvu.com/news/news/tow-truck-drive ... for-scam/nK3zC/
"...
Updated: 1:01 p.m. Saturday, Jan. 8, 2011 | Posted: 12:34 p.m. Saturday, Jan. 8, 2011
Tow Truck Driver Gets 14-Years In Prison For Scam
SAN JOSE, Calif. —
A tow truck driver was sentenced to 14-years in prison Friday for filing bogus lawsuits against hundreds of people after hauling cars they no longer owned and charging fees for storage and towing.A Santa Clara County judge on called 67-year-old Vincent Cardinalli and his family "worse than Bernie Madoff" Friday for a scam the court system failed to catch for years, the San Jose Mercury News reported.
Cardinalli was convicted after pleading no contest to 99 felony counts of fraud. Over the years, he was awarded more than $1 million by a small claims court commissioner who sided with him in all but two of the fraudulent suits.
He or a member of his family would tow vehicles from the driveways of private homes or apartment lots, prosecutors alleged. He would wait for storage and tow fees to add up, then sue the former car owner in small claims court, authorities said.
..."
The big mistake you always make, is you keep doing the same thing,over and over again, until the pattern of deception and fraud becomes real clear.
Of course, if you don't do that, you couldn't use dumb*sses with scripts to do the "process server" calls, and there wouldn't be much point in this racket. You're kind up stuck.
You act like debtors are innocent and don't owe the money. They borrowed it, the owe it. Nothing illegal about suing them. Quit providing false hope to dead beats. Debt buying is big business. The original courts were founded to resolve breach of contract and fraud cases.
My reference to dummied up sub service, was from a recent article claiming this practice was rampant in the debt buying industry. Do your research.
And by the way, it would be the process server on the hook, for falsifying proof of service, not the plaintiff. In fact, plaintiff could serve defendant as soon as he or she showed up to court to challenge the service of process. Silly debtors always thinking they are one step ahead of creditors...........
If the debt was not owed, selling it doesn't fix that.
If you are suing the wrong person, selling it doesn't fix that.
If it's past SOL, selling it doesn't fix that.
And since your records are not the business records under control of the original creditor, you can't swear to their accuracy. Repeated transfers just clouds title.
Your grasping for straws. Granted the defendant must be the proper defendant.
By the way, the principals of these companies are enjoying their "vacations" to exotic villages to file lawsuits as we post.
Sorry Sucker! It's so nice when the scammers get scammed at their own game.
Some how you think you have found the holy grail, and a way out of paying your debts. You must be one of those cousin F***ing dumbasses.
Get your pre-paid legal card out, call the toll free number, and ask if you think I'm wrong.
In my line of work - data base management - there is no difference. A lawyer is just the same as the office manager who contacts the original creditor.
"A collection agency, "agency" being the operative word, cant sue, because they dont own the deb and they dont have standing to sue. A debt buyer that collects, can sue and often does."
That's right, they can but that's wrong, they usually don't (sue). They often don't because they can't. Yeah, I know, It's a paradox. They can but they can't. What I mean is that many debt buyers, attorney or not, don't buy the original debt agreements, aka proof of debt. They buy data bases, lists of outstanding debts with the debtors name, last known address, account number, and amount (all data fields have been 'fixed' and otherwise manipulated so that none of the data in those fields can be trusted to be reliable but if your'e a debt collector, you're not going to care...). Without these, The original documents with the debtor's signature, they don't have a hollow leg to stand on.
"Bottom line is that the owner of the debt can sue. Discovery is a two way street"
Diescovery is a two way street - it certainly is. And, if I were a debt buyer, with what I've seen pass for portfolio info, I'd be worried about anyone who challenged a debt. Discovery can be a two-edged sword and a pretty harsh b*tch. But, that's not the point, is it?
"Debt buyer plaintiff can get any document they want to prove their case, after it is filed."
Again, this is wrong and you know it. If the debt is bogus and may are, there are NO substantiating proof documents. Just like resident47 of 800notes, the entire point is control losses, hang out on these comsuner complaint boards, and try to *inspire* those who complain to, well, NOT complain. We know, We've got it. Next.
"No one is exempt from this. Oringinal application, all charges, all credit card statements, all payments, and financial information of debtor is fair game in discovery."
OK. So, where is all of this proof of debt? Yeah, another limp d*ck...
"Some how you think you have found the holy grail, and a way out of paying your debts. You must be one of those cousin F***ing dumbasses."
NO. But what I do think is that the full powers of the FDCPA scare the crap out of you, enough so that you feel a need to show up here, and other places like here, to try to scrape some profit out of posting lies and inaccuracies, enough to salvage your profits.
"Get your pre-paid legal card out, call the toll free number, and ask if you think I'm wrong."
So, you are SO legit that you have to ask for pre-paid debit cards for your gains? You don't have a REAL bank account somewhere, a real accounting department that can handle ETs from another REAL account?
Go back to your community college and look for another AA. Apparently "Legal Management" isn't working for you. You should try your hand at, oh, Cosmotology, or some such thing.
FYI: A lawyer who frequented a social networking site went about telling people that the SOL for filing suit under the aegis of the FDCPA was a full TWO years. Another attorney who happened to see this, *found* this attorney and filed malpractice charges against him and well, now, that attorney is no longer practicing law in the US. Think about it.
Reply
} "Just like resident47 of 800notes, the entire point is control losses, hang out on these comsuner complaint boards, and try to *inspire* those who complain to, well, NOT complain."
My motivations in frequenting sister site 800Notes are misread at least once a month. When I first struggled against a series of lawbreaking collectors all chasing the same bogus debt, 800Notes and sites like it did not exist to help me. I might have been spared a lot of anguish if it did. I contribute now in part to help others debunk the various deceptions used by collection agents as weapons against the vulnerably underinformed.
Your debt industry scholar-in-residence "TJ" at least noticed as much in September 2011 in this very thread:
https://complaintwire.org/complaint/SpoBAAAAAAA/pmg/26
Part of my "problem", if it could be called one, is that I also debunk misinformed cheerleaders for the consumer side. There are innumerable wrong ways to defeat consumer abusers being promoted, often based on misreadings of law, fourth hand knowledge, and things dimly remembered. Unlike those cheerleaders, I keep silent (usually) on what I don't comprehend and cite reliable sources for what I do. Moreover, my pride is not bruised when I am proven wrong. I advise people constantly to raise complaints and defend their rights; I discourage doing so stupidly.
What is a debtor going to do at trial? What evidence could a debtor possibly provide, to discredit the transactions of transfer? Debtor is not a witness to these transactions. There is no testimony that a debtor could give that would overcome the prima facie case established by the plaintiff.
Again you are providing false hopes to disgruntled debtors, who are pissed that they have been targeted to pay their due bills.
Case closed.
If it were that easy, why did the NY collection law firms choose to use "sewer service" instead?
(Oh, yeah.. they didn't "know" that certain firms provided this "service", Sure...)
If it were that easy, why use the NAF kangaroo court instead?
(Worked well for a while, until it turned out to have common undisclosed ownership with the main collection agency using it.)
What that says is that most debt collectors, even debt buyers, don't view a fair fight in court as the easy win you claim. They are thinking up every gimick they can, either to get money without court, or to avoid actually facing an opposing defendant in court. That says the debt isn't as easy to support with the available documentation as you claim, if it is going to be challenged, or that obtaining that documentation is "too expensive" compared to the alternative of gaming the courts. Chain of title isn't enough.
That's not my assessment, or yours. It's what actual industry practice implies, by their actions.
The bottomfeeder goal is to get money without suing, by illegal threats and deception, while hiding from lawsuits themselves. Not a lot of talent there, except for lying on a massive scale.
What you are suggesting is more of the same, now defraud the court, but hide behind a straw plaintiff so you don't get knocked out. Nothing new there. In structure, it's the same game as the phone scam, hide behind the "process server", who can say anything, 'cause he's "independant".
Pretty much the same game as the mortgage foreclosure robosigners, hired dumb*sses who will "swear" to anything you put in front of them, at 5 seconds of "verifying" each. As with the robosigners, what catches them from a forensic viewpoint, is their "mistakes", which characteristically reveal systemic fraud.
Do you really think this stuff is invisible?
There are no straw persons here. Simply following the rules of law to get the deadbeats to pay up. You are throwing around terms you have heard that you think that have significance.
My point to this thread, is that the "game" as you put it, has changed. The Corona mess with Lunsford and Bagel, or whatever their names are, has pushed the industry to actual lawsuits. Its not as expensive for the plaintiffs as you think.
Ill take my chances in court against any debtor any time. The law is on the side of the plaintiff, which you over look. It is a simple contract matter, of which assignments are part of contract law, and have been for many years.
Chain of title, unfortunately for you, is enough. Do you realize, that plaintiffs dont even have to have documents in hand to file the suit?
Those arent needed until trial. Often they are obtaind 45 days after service. The clerks dont make the decision on whether it is a valid lawsuit at the time of filing. Plaintiffs only have to have a reasonable basis in fact, to bring suit. Discovery is where the case is made.
You have a lot of excuses, not based in law or fact. Watch the outpouring of lawsuits from debt buying plaintiffs in the next year.
I hope every defendant dead beat shows up in court, spouting off quotes from this blog "but your honor, I read on complaintwire that blah blah blah" That will be some funny shiyite.
But yet the shakedown calls continue. Apparently, the "industry" isn't just one entity.
You make it sound like, since they can't make it anymore with phone cons, where they get to shakedown anyone they call, they are "forced to sue". Hardly a sign of strength, and your profit starts going to attorneys. Despite your claim it's just pro se, "cheap" worsens your odds, and if you get caught screwing up too often, you are the next litigious plaintiff poster child, replacing the tow truck operator.
"Chain of title, unfortunately for you, is enough. Do you realize, that plaintiffs dont even have to have documents in hand to file the suit? "
That varies by jurisdiction, but it is the key weakness that allows the courts to be gamed, particularly when the goal is a default judgement. Evidence of mapping out such gaming opportunities is already showing up, for example, in connection with PRA attempts to exploit jurisdictional pleading loopholes on OOS debt.
If, as you say, the "industry" is pushed into court, then we will start seeing a spotlight shined on practices that until now were hidden behind anonymous calls and NAF kangaroo courts. The courts won't really have much choice.
The characteristics of the industry that we can depend on are lying, cheating, cutting corners, and trying to make a quick buck as cheaply as possible. That means that if they move from phone shakedowns to lawsuits, and "streamline" it like the robosigning foreclosure mills, you will start getting increased challenges to the resulting "mistaken" default judgements.
When numbers change by large quantities, then the game changes. "Errors" that can be swept under the rug at low levels start becoming a heap of stinking garbage at high levels. If the courts just "rubber stamp" twice as many default judgements, without starting to look at the "quality" of the pleading, they will get swampted in appeals, and those appeals will uncover the original defects. That will reflect not only on the plaintiffs and process servers (which you apparently view as disposable pawns, so it doesn' t matter what corners they cut), but it also reflects on the courts themselves.
Just as the industry was too stupid to just con "debtors", and wrote their scripts to also con anyone they called, they are too stupid to just sue "debtors". They will also sue other people, and play games to win even when they are wrong, all justifying it just like you do. If the industry is shifting from phone shakedowns to lawsuits, then we can expect the courts to be clogged by garbage lawsuits along with legitimate ones. That was what led to the NY AG investigations, so we can expect a repeat on a larger scale.
Large numbers catch fraud, because in the end, the statistics reveal it as a systematic game, rather than an occasional error that can be dismissed and swept under the rug. That was the undoing of the foreclosure robosigners, uncovering the "zombie" dead signers as well. It was also the undoing of the "tow truck" small claims scammer, sent to prison for 14 years. It was also the undoing of the main NAF using collection agency, forced into bankruptcy, for their own "success".
If you succeed, that is why your success will lead to your failure.
So all debt buyer/collectors are evil, and the court will vindicate the victimized debtor.
Using the court, bringing suit is gaming the system? Really?
Succeeding in court is failure? Maybe yours when you are hit with the judgement. Ahhhh, an additional 10 years to collect on the dead beats. This is the best business on earth.....................
This one sunk the ship.
http://publicjustice.net/Repository/Files/Komarova%20Decision.pdf
If you are hiring idiots, the old "process server" scam is actually safer, as long as you don't play hide and seek until you are busted.
What's ur point?
I bet the alleged debtor paid a bunch in attorneys fees
Large numbers caught up with Begley and Lunsford, and in the end, were their undoing.
They knew it was a risk, or they wouldn't have hid behind 50 or more shell LLCs. They outgrew the ability of their camoflage to hide their size, and in the end it only let them grow bigger before they crashed.
That's exactly what happened to the Corona Scam when the "camouflage" stopped working, and they got more attention than they could handle. All the "born again" pep-talks in the world couldn't save them. They lasted about two years.
Same thing happened with the idiots Diana sued. They knew they were caught, so they tried to run and hide again, since that has always been their strategy. Problem is, she's not going away.
This whole shakedown scheme depends on finding new suckers who won't see it coming, just like any other scam, and hitting them hard with threats and deception enough to shake loose money before they know what the game is, then disappear. They depend on it not being worth enough to go after them, which limits the take to maybe several thousand dollars, just like other phone scams like "advance fee" loan fraud, or fraudulent "magazine subscription" rackets. You can change the scripts all you want, but basically debt shakedowns operate under the same game theory mathematics as phone fraud, having to balance the risks, and having to "know when to run".