Complaint

+1
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

  • 0
    Anything new
    There was a court date on the 20th anything new??
  • 0
    Latest from pacer
    | 1 reply
    Nothing filed on pacer beyond 7/11/12.

    This is from a Motion by the court filed 7/9/12:

    "The Court authorizes funds sufficient to pay the amounts listed in Defendant's attached receipts: 1) $2,005.00 per month for mortgage payments; 2) $4,667.15 in property taxes; 3) $95.57 for water; 4)  $292.18 for electricity; 5) $170.10 for gas; 6) $67.62 for garbage service; and 7) $514 per month
    for health insurance.

    Defendant has not shown that the remaining listed expenses are reasonable and necessary. The Court considers Defendant's leased Audi, motorcycle, and cable service to be luxuries and does not authorize receivership funds to pay these costs. Similarly, the minimum credit card payments and Defendant's tax obligations are not necessary living expenses, but rather represent Defendant's outstanding debts. Equity does not weigh in favor of releasing receivership funds to pay for Defendant's past debts.

    Finally, the Court declines to order the Receiver to pay costs and taxes associated with Bagels Consulting and Heavy Hitters Investments.  Under the preliminary injunction, the Receiver has authority to manage the accounting for these business entities and to pay their bills and tax liabilities directly out of the receivership assets.

    Defendant does not provide itemized credit card statements showing that the charges on the credit cards were incurred to pay for living expenses such as food or clothing over the past four months. Moreover, Defendant's wife's unemployment compensation of $1,800.00 per month would have been sufficient to pay for these expenses."
    • 0
      KARMA replies to Latest from pacer
      Looks like there getting a taste of reality. Welcome to the real world suckers where money doesn't grow on trees. It's time for both of them to get a real job. I don't feel sorry for them. Not one bit. Ain't karma a [***]. How long will that union last now that the cash cow has run dry.
  • 0
    no better then the rest
    Is she still receiving unemployment? Why won't she get a job?
  • 0
    Who is..
    Performance Asset Recovery?
  • 0
    Law suit
    So whats the update??? Any new news??
  • 0
    Question
    Does anyone have the statue of limitations for new York when it comes to a delinquent credit card with sears? I received a call today and it was about a old credit card I had when I was in college 4 years ago and they stated I was being sued. The company was called NCO financial. This was the first time I have ever received a call about this account in years and I have never received any correspondence in the mail pertaining to this either. I'm thinking about filing bankruptcy due to I have 4 other credit cards that our charged off also and my credit score is horriable anyways so it's not like I can get anything for several years anyways?
  • 0
    concerned
    | 1 reply
    What is up with this case? I paid off a credit card with them quite a while ago and it still hasn't been updated as paid on my credit report. Will I ever be able to get this cleared up? Is there any letter I can get from the FTC that states something to the effect that I paid this off? Does anybody know anything about this case that might help me?
    • 0
      Here's how it's supposed to work.. replies to concerned
      and another example of how debt collectors lie.

      What did they do, promise you they could change it if you paid them?
      What was the name of the entity?
      Did the "Corona" cluster ever actually post tradelines?
      Haven't heard of any, but if so, then a dispute to the CRA should get it off if the Receiver doesn't respond.

      If it's not their tradeline, then they can't change it.
      If the tradeline is from the bank, then the bank would have to change it.
      If the account was sold by the bank, then the bank tradeline should show $0 balance.
      If it's still owned by the bank, then you have to ask what you paid these bozos for, although I guess we know the answer to that.
  • 0
    JT
    | 8 replies
    I got a call from a company stating that they were an attorneys office about a debt of mine that I haven't heard about for years. They sounded a lot like what you guys are saying but if they are an attorney's office can't they say stuff like that? They made it sound so real and professional. They were called Barnes and something or something and Barnes I can't remember. I haven't recieved a letter but I have moved several times. I didn't tell them where I live and all they have is my cell phone#. Should I just not call them, I don't know much about these situations because I have turned my life around and pay all my bills now. I thought since it was so long ago that I didn't have to pay the old ones back. Does anybody have suggestions?
    • 0
      Overview.. replies to JT
      | 7 replies
      There are other similar shakedowns being run from other parts of the country.

      Lots still in So. Cal, new spin-offs show up every few months.  Talk about "fly-by-nite".
      Many in Buffalo and surrounding areas.
      Some in Florida and Georgia.

      With shakedown rackets, they do whatever they want, the law be damned.

      They aren't planning on being caught long enough to be sued, and probably have a stable of new names in the wings anyway.  The more the threats, the more likely you aren't dealing with any "law firm", since real law firms with licensed attorneys have to pay judgements or risk sanctions.

      If they say they are trying to "serve papers" but no one shows up, that's the classic shakedown.

      If you want confirmation, a look at their cards, then check with your local courthouse.  
      No lawsuit, they are fakes.  Some summons shows up, get an attorney and respond.
      There are a lot more fakes with phones, pretending.

      The shakedowns don't send letters, they only pretend they sent them, often "45 days ago", to start the "it's too late to dispute" con game.

      Other key issue is SOL, which varies by state.  CA is 4 years written contract.NY may be 6 years.  Only a few states are much longer.  Two states have a "statute of repose", SOL passes, the debt is legally not owed.  Check with your state AG if you aren't sure.

      If it's past SOL, you may be dealing with one of the shakedowns that buys it really cheap, and substitutes threats and deception for their inability to sue.
      • 0
        statutes replies to Overview..
        | 6 replies
        the statute for NY on credit card debt is 6 yrs. Even after the debt goes out of statute you do still owe it.No matter how old a debt is, you do still owe it. anyone that says you do not is mistaken. the statute part is about the creditors ability to sue and that is ALL it is about.
        • 0
          Yes, well... replies to statutes
          | 2 replies
          ...it was *that* sort of thinking that got Douglas Burgess into trouble!
          • 0
            statutes replies to Yes, well...
            | 1 reply
            this is not thinking, it is fact
            • 0
              Hey, well... replies to statutes
              ...when it comes to digging your own grave, please, don't let me stop you!  By all means, knock yourself out!
        • 0
          Yeah.. replies to statutes
          You still got your "right" to get sued for deceptive, abusive, and harassing collection.
        • 0
          Loser replies to statutes
          | 1 reply
          Why ask the statute if you spent the money pay it back. Really people like you keep these companies in business. You sound like all the othpro people who steal from banks and wait long enough to not have to legally pay back maybe morally you should take care of it. Most likely you have no morals that is why you are asking a question like that on the loser website. Good luck in life you will need it.
          • 0
            Loser replies to Loser
            Pops other professional people. Sorry typo

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