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
http://www.ripoffreport.com/criminal-justice-system/rincon-management-se/rincon-management-services-te-c6953.htm
"Getting information out of someone who doesn't want to give it up is all about upsetting the target's emotional balance, impairing their judgment. Fear is good for that; anger is not bad either." - Michael Westen, Burn Notice
https://foursquare.com/venue/4469170
City Services
https://foursquare.com/venue/5941096
Pacific Management & Recovery
https://foursquare.com/venue/8913197
Heavy Hitters Investments
https://foursquare.com/venue/5210795
Union Management, "Office,Coworking Space" to support the legal fiction of "independent contractors".
https://foursquare.com/venue/6951962
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MDL Law Group, Anaheim-Santa Ana-Garden Grove
https://foursquare.com/venue/1295635
Network Capital, Irvine
https://foursquare.com/venue/13787436
US Merchant Services, Cypress, a VISA/MasterCard merchant payment processor
https://foursquare.com/venue/3621220
Riverside County Dept Mental Health
https://foursquare.com/venue/5465356
https://800notes.com/Phone.aspx/1-866-680-1450
"DF Group" may be another Corona/Lake Elsinore name (and not a typo for "AF Group", as earlier assumed)
http://www.collectorsexposed.com/collectors/index.php/topic/155-df-group/
DF Group
31500 Grape St., #3380-1
Lake Elsinore, California, 92532
Phone No. 888-460-0755 760-637-3804
Fax 760-637-3838
Numerous shill posts.
https://800notes.com/Phone.aspx/1-888-460-0755
https://800notes.com/Phone.aspx/1-888-533-0784
DF Group
Asset Management Group
DSG
Delta Service Group
https://800notes.com/Phone.aspx/1-866-264-8381
It takes a lot more than a telephone call.
Indications are that they are running a "con", faking "debts" by pulling consumer credit reports to find old account information, and pretending they are "suing", to extort money on a "debt" you don't owe to them, and may not owe at all to anyone.
Debt collectors are required by federal law (FDCPA) to mail out a notice within 5 days of first contact notifying you of the alleged debt, who it is owed to, how to contact them, and that if you do not dispute it within 30 days, they will assume it is valid. (Failure to dispute DOES NOT MAKE IT VALID. THAT CAN ONLY DEPEND ON THE ORIGINAL CONTRACT AGREEMENT, PAYMENTS, AND OTHER FACTS, AND COULD ONLY BE DECIDED BY A COURT.)
Consumers have the right to send a written dispute of any alleged debt, requesting that the debt collector obtain validation (proof or documentation) of the debt from the original creditor and send it. Until that validation is sent, FDCPA requires that the debt collector cease all collection activity. The debt collector does not have to send validation, but if they don't they MUST cease collection or they are in violation of FDCPA and you can sue them.
The Corona cluster of scam "process servers", "filing firms", or whatever they claim to be, is set up to create the appearance that some "lawsuit" has been filed, that you have to "settle" immediately or it will costs you "much more, with attorney and court fees", so that you pay without any proof the debt is even owed to them.
Even though they are a "debt collector" as that term is defined by federal and California law (FDCPA and Rosenthal Act) they have worked hard to evade every consumer protection in those laws.
The call you received probably claimed to be a "process server", to imply you were being "sued", yet all they did was scare you and get you to call back. No real process server does that, they just find where you live or work and serve papers. They would have to be in your area to do that. They have to attest to their service of you so they have to be disinterested party, often off duty law enforcement.
There are ex-employee and prospective employee reports on the web indicating that the "process servers" are calling from the same boiler room as the "closers" trying to convince people to pay, and that the threats of "lawsuits" are fake.
If you had actually been sued, you would actually be served a summons, not just got some call. There would be a record of that lawsuit at your local county court. Failure to serve you a summons would prevent the suit from going forward, and submitting a fraudulent affidavit of service (sewer service) would be grounds to vacate any judgement.
There are many reports from other consumers that they have been called by these "process servers", usually with the first call to some relative half way across the country, and that on checking with the local court, they found NO LAWSUIT.
They create the appearance of a "lawsuit", attempt to panic their targets by calls to family or employers, play up the court costs and embarassment ("wage garnishment"), then offer a "settlement" for a couple thousand. But try to get any proof of the debt, or that they have any right to collect it, and all you will get is excuses.
Debt collectors will always tell you that debts are owed forever, but every state has a statute of limitations. If the creditor waits too long to pursue a debtor in court, the debtor can raise the SOL as an affirmative defence, and the court will throw out the lawsuit. This is so the courts are not clogged with stale litigation, supported only be equally stale and unreliable evidence. The SOL varies by state and type of debt, but for delinquent credit card debt in many states, SOL has probably passed after 3 to 8 years if no payments were made and the debt was not reaffirmed by the debtor.
Many debt collectors are in the business of buying cheap debt for pennies on the dollar, even past SOL, and attempting to collect or even get one payment on it to reset the SOL. Those in that business often use illegal threats and abuse for that purpose, as they have no legal basis to file suit otherwise. There are indications with this group, however, that they don't even have any right to collect on the alleged debts.
If this debt sounds like some old credit card account, that would be consistent with finding information on it from your own credit reports, and using it in an attempt to "con" you. To find evidence of this, get copies of your three credit reports, directly from the credit reporting agencies, and look for recent inquiries that might be one of the names associated with the Corona Scam, like HGG, PMG, ARM, AF Group, etc. (For more possible names, see above. There are at least 26 at my last count.)
In addition, since they must be obtaining "leads" somehow, look for a recent "promotional" inquiry. These are the credit inquiries normally used to make all those credit card offers, where the credit reporting agencies sell lists of consumers with certain credit characteristics (good credit, bad credit, debt over x, etc.) It may look like some "debt settlement" or "debt refinancing" company.
Please post what inquiry names you find on your credit reports.
You should also contact FTC, your state Attorney General, the California Attorney General, and in particular, the Riverside office of the FBI.
https://800notes.com/Phone.aspx/1-888-526-4581/2
These people will be stopped, but only when enough people complain about it. Don't be scared by their tactics.
Contact the FBI here and file a tip/complaint: https://tips.fbi.gov/
Contact the Office of the Attorney General in California: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL
Contact the Internet Crime Complaint Center as your credit report was more than likely illegally obtained: http://www.ic3.gov/complaint/default.aspx
Lastly, contact the FTC as they're breaking the law by threatening legal action and impersonating officers of the law: https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Also, as it's been brought up here and in various areas, they probably illegally obtained your credit report. Call the 3 major companies and make sure there hasn't been any recent activity.
In addition, look for a "promotional" inquiry from an unrecognized bank or creditor that might indicate a purchase of credit lists.
Can't go "legit", since the economics of the business model won't support it. As they grow, the more visible they become, even hiding behind numerous names.
Where did Wayne Lunsford learn his "craft"?
D.C. Brown?
Last count I had showed over 26 names, all tied to Corona CA, or with mail drops in the same area, like Lake Elsinore, but there may be more.
It is illegal for anyone to pull a credit report without mermissible purpose, as defined in FCRA. It is not "permissible purpose" to just "fish" and paw through consumer files looking for suckers.
They can get enhanced penalties if convicted of fraud or larceny, or you can sue them yourself. Contact a consumer attorney in your state. You might try www.naca.net
In addition, contact the Riverside office of the FBI.
Experian?
Did you find any unrecognized promotional inquiries?
Under what names?
The credit reporting agencies have an obligation to prevent use of consumer information by people they have reason to know are using it for for unauthorized purposes. They have been sloppy in controlling access, often taking a hands-off position, claiming they only have to get a client's blanket certification that they are only pulling reports for permissible purposes, but there is case law where they were found liable under FCRA for allowing access when they had reason to know the information was not being obtained for an allowed purpose.
See the Ninth Circuit appeal in "Pinto v. Pacific Creditors":
http://www.ca9.uscourts.gov/datastore/opinions/2010/05/21/04-17485.pdf
"...
[8] Section 1681e requires more from a credit reporting
agency than merely obtaining a subscriber’s general promise
to obey the law. After prospective subscribers “certify the
purposes for which [credit] information is sought, and certify
that the information will be used for no other purpose,” the
reporting agency must make “a reasonable effort” to verify
the certifications and may not furnish reports if “reasonable
grounds” exist to believe that reports will be used impermissibly.
15 U.S.C. § 1681e(a). Under the plain terms of
§ 1681e(a), a subscriber’s certification cannot absolve the
reporting agency of its independent obligation to verify the
certification and determine that no reasonable grounds exist
for suspecting impermissible use.
..."
It appears that Experian's attempt to appeal to the U.S. Supreme Court was turned down.
If they attempted to con you, file a complaint with the Riverside office of the FBI. In your disputes with the credit reporting agency, include that they used your credit information in an attempt to extort or con you, and that you have notified the FBI.