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
But Phelps and Han get shut down and they get paid plus a severance check to all thier employees?
How is it even ok that 8 months later i never got mine?
If Phelps and Han shut it down themselves, before they got court orders, then they would still have control over the money.
Once you are raided, and the bank accounts are frozen, the Court has control. The FTC lawsuit is over violations of FDPCA and the FTC Act, not "wages", so the assets are held for compensation for victims.
Tough luck.
I hope you never ever see a dime of the money you think your owed.
You idiots screwed it up for everyone.
I also gather, some people here might still have jobs with Orca's and Rats etc. Why then, are they wasting time on here? Work is sloooooooow???
GET A LIFE!!
A hobby! Make babies! Work out! Read books! Do SOMETHING!! Just get a [***] life!
Don't you all have kids? Spouses? Family?
Are you all addicted "Days of Our Lives" fans as well?
134 pages of diarrhea and high school drama.
The depostions proceeded today over the objections of attorney Elizebeth Read. Ms. Read is the attorney for Jason Begley and (in theory) for Wayne Lunsford. The FTC attorney was in attendance for purposes of observing only. Ms. Read's objection was based upon my post on this website, which she contended constitutes intimidation of the defendants. Understandably, Ms. Read gave no explanation as to how my representation that there would be the legally proper service of discovery and subpoenas to parties to an action somehow constitutes "intimidation.
Regardless, it appears that Elizebeth Read may be dispensing legal advice to the unrepresented defendants in the state court action. None of the defendants showed up, but they did show up at the last two court dates (of which i could have also served them legal documents at should I have chosen to do so). I also say this becuase defendant John Westholder admitted as much in his declaration to set aside the default entered against him, claiming Elizebeth Read instructed him to file a General Denial to the lawsuit. For those of you defendants who are taking advice from Begley and Lunsfords attorneys, you should be asking yourself why they are not representing you. The answer is clear, and is probably something you have already heard, there is a conflict of interest. Begley and Lunsford will and have denied any wrong doing and blame the violations of the FDCPA on "renagade collectors". This is also evident by the declaration of Jason Begley filed in the FTC action on December 21, 2011, wherein Begley states,
""at monthly meetings we specifically remided managers that collectors should comply with the law" (See court doc. 45-1, pg. 5-6)
"while we stressed in our monthly meetings with managers the importance of following the law, there are sufficient complaints that demonstrate that some collecotrs did not abide by the rules....I believe that it was caused by some renegades" (See court doc. 45-1, pg. 17)
"I never used a script, and never authorized use of one that violated the law (See court doc. 45-1, pg. 17)
At the end of the day, especially on a day like today, it is evident that both the managers and individual collecotrs will be hung out to dry as "renegade collectors". By way of example, John Cook's name was mentioned over a hundred times today during the two depositions as being responsible for drawing up and handing out all scripts used by the collectors along with almost daily "motivational" and "instructive" meetings on how to properly STO, JSTO, STO rebuttal, etc. Other names responsible as being in positions of authority were Stephanie Porchia, Josh Martenson, Samuel "Alex" Marquez, Rhonda Loop, Barbara O'Neill, Denise Deakins, Art Castillo, Tina Coca and Todd Loop....and this is only the first two deponents, two more to go next Tuesday and seven more after that.
A few facts for all the collectors and ex-collectors out there reading this- 1) resolution of the FTC action by Begly and Lunsford will not get rid of the state court action against you but it may grant them immunity from further prosecution, 2) when the plaintiffs get a judgment in the state court action, it would not be dischargable in BK, 3) for those of you who are hiding under your beds and what-not to avoid service, eventually the attorney on the state court action will seek to publish and take your default, so you will still lose or, if you make an appearance in the action, you will eventually lose anyway considering the overwhelming amount of evidence. Seriously guys, do you think the federal court would have granted a 3.3 million dollar pre-judgment asset seizure if this case along with the closing of all operations were this case not a slam dunk??? So where does this leave you guys? I think it may be starting to dawn on many of you. I would strongly avise that you seek advice of OUTSIDE counsel and remember-judgments are good for 10 + 10 years.
In closing and on a side note, Elizebeth Read subpoena'd me today lol I apparently will be giving my deposition on June 27, 2012, in the FTC action. I am assuming this is another intimidation tactic by Ms. Read (she has also implied that we violated the law by recording "confidential" communications" without disclosure. She was wrong, it's not illegal to record extortion communications). Funny how intimidation tactics seem to be a running theme with all of these people. Since it is my deposition and my testimony, it is my understanding that I will be able to post the entire transcript of that proceeding here on complaint wire. Considering that Ms. Read is demanding that I produce all my investigative notes, records, recordings, videos, etc., it should make for interesting reading for all the victims that may be reviewing these posts.
Should any of you former collectors want to make a deal, feel free to give me a call, I'm sure you have my number by now. As for the managers and senior collectors, please feel free to continue calling and leaving me threatening messages, that's what cowards do best (praise the lord).
Micheal I am not too informed in the legal arena so maybe you can clarify one thing for me,please.
Is this a civil or legal procedure and if it is civil will legal actions be take,and if so does that include jail time or just being banned from this line of work in the future along with fines?
Thank you !