Fake process server calls
Complaint
Quintin L King
Country: United States
I have received numerous calls from this "company", all of which start with a request for address verification for Process serving. Intimations that a law suit has been filed (the Company, to the best of my knowledge is in Florida, I live and own a business in Illinois). What process server doesn't have an address? These people call constantly and wont reveal the name of the entity for which they are collecting unless you "confirm" your address and last four of social. I am formally filing a complaint with the FTC and the Florida Dept of Financial Regulation, but wondered if anyone has had experience with these people?
Comments
The industry has been invaded by both scammers and organized crime.
What does show up is a trail of activity going back years under these names, and pointing to several entities in both California and Florida, all showing the same MO. That argues against the use of "borrowed" disposable identities, and toward an attempt to create the appearance of "legitimate" businesses, at least in the perception of taxing and licensing agencies.
This has become a pattern common with similar operations intending to obtain and use access to credit reports, skip tracing, payment processors, and other services normally used by the legitimate collection industry, which may require vetting by those service providers. Each entity is set up to appear legitimate, but any illegal practices are instead hidden behind use of multiple and changing names to reduce the number of complaints that show up under any one name.
If someone is operating under a particular name, then that is the start of the trail that victims may have to follow in reporting violations of law. Failing to file complaints based on the information they have, on the possibility that there might hypothetically be "id theft", leaves them with no actionable recourse, or even any way to use the courts at all to find the responsible parties. They have no other information.
If you were mugged, and the muggers called each other "Donny" and "Johnny", would you not report that to the police, even though there are lots of Donnys and Johnnys that were not the muggers? It's part of the evidence, that's all.
Despite your arguement, no debt collector would think twice about posting a collection account against anyone they thought "owed" some alleged "debt", even if it was just a guess. They don't even have any liability until a consumer disputes their error with a CRA.
It does illustrate a fundamental weakness in current licensing and incorporation regulations if shell entities can be created with only fake names, leaving a dead trail. Other legal documents require reliable identification of signers, either through notarization, or even fingerprint verification or recording, as with escrow processes, or process server or private investigator licensing in some states.
Make sure you dispute with your CC company IN WRITING, sent to the dispute address on your statement, and that you mail your dispute certified return receipt requested, so you have proof of your CC company's receipt of it, in order to comply with FCBA. Make sure they receive it within 60 days of the statement date of the statement showing the disputed charges, and include in your dispute a summary of when you first notified them of the fraud.
Do not wait for other fraud complaints (below) before sending this notice, as you want to ensure your provable written notice was received by them within the 60 day dispute window.
File a police complaint for fraud, and obtain a copy of the police report.
Insist that they send you a fraud affidavit. Sign, notarize, and return to your CC company (CRRR, and FAX), keeping a copy. Also send a copy of the police report to your CC company.
Then demand, IN WRITING, that the charge be reversed due to fraud.
Keep in mind that most CC disputes where payment was "authorized" are resolved based on whether the "merchandise" or "services" were delivered. That is not the case here, as they were not providing any "services", and you did not "make payment for value received". If your account information was obtained through fraud or threats, then that is your basis for disputing as "fraudulent", and any decent bank will back you up rather than handing over fraudulent charges to a scam. If your bank will just hand over your money even after receiving a fraud affidavit, you should find a more honest and reliable bank who will act in YOUR interests, not every scammer that comes along.
If you have further problems with your bank, file a complaint with the Comptroller of the Currency:
www.occ.gov
and with FTC and the Consumer Financial Protection Bureau:
http://www.consumerfinance.gov/
You can also sue your bank AND the debt collector together, in federal court. SOL is one year.
Are they like "The Process Server Office"?
Touch of antisemitism?
https://whocallsme.com/Phone-Number.aspx/8776055414
Mendenhall & Associates
5726 Old Cheney Hwy
Orlando Fl 32807
5732 Old Cheney Hwy
Orlando
Merrill T. Miller, registered agent
Richard T. Pugh, president
918-248-0064
877-605-5414
"Fl Sec. of State lists Mendenhall & Associates, Inc., principal address at 5726 Old Cheney Hwy, Orlando Fl 32807, with Merrill T. Miller its registered agent at that address, and Richard T. Pugh its president; also uses mailing address of 5732 Old Cheney Hwy, Orlando. These people have someone call from caller ID 918-248-0064 to state that they are calling to tell you that they (process server) are going to serve papers "tomorrow" unless you call 877-605-5414
..."
If this is a business that has been victimized by corporate Identity theft, then the existence of this site and the comments made will go a long way of bringing this to the attention of that business who may set the record straight.
Quite frankly, your story of suing the wrong person rings hallow. No attorney worth his salt STARTS with a lawsuit. The first thing he/she does is send a demand letter to the company he is potentially suing, in which letter he outlines the alleged liability of the putative defendant. This serves as notice AND affords the individual sued an opportunity to rectify any "identity" issues.
In the rare case of failure to sue the proper party- a rarity arising in part from the typically painstaking identification process your counsel should have underwent PRIOR to filing, since wrongfully filing, whether by mistake or inadvertence, can lead to sanctions against him or his client- relief from accidental filings are typically ironed out between counsel quickly and painlessly.
Long and short of it is, this company is engaged in blatant violations of the FDCPA at the very minimum. We have been retained to pursue administrative remedies against them.
If this is a business that has been victimized by corporate Identity theft, then the existence of this site and the comments made will go a long way toward bringing this to the attention of that business, who will now be afforded the opportunity to set record straight.
Quite frankly, your story of suing the wrong person rings hallow. No attorney worth his salt STARTS with a lawsuit. The first thing he/she does is send a demand letter to the company he is potentially suing, in which letter he outlines the alleged liability of the putative defendant. This serves as notice AND affords the individual sued an opportunity to rectify any "identity" issues. In what jurisdiction did you file your suit and what was the case/docket number. And before you scream privacy, ALL of that is public information.
At any rate, in the rare case of failure to sue the proper party- a rarity arising in part from the typically painstaking identification process your counsel should have underwent PRIOR to filing, since wrongfully filing, whether by mistake or inadvertence, can lead to sanctions against him or his client, that is YOU- relief from accidental filings are typically ironed out between counsel quickly and painlessly.
Long and short of it is, this company is engaged in blatant violations of the FDCPA at the very minimum. We have been retained to pursue administrative remedies against them.
Now they want to scare you into not saying names or even recounting stories of these scammers by saying "you got the wrong persons or could". All of you who filed suits against "the wrong parties", post your case or cause numbers (yes, even if filed against the wrong party, there is a record of the suit that STILL exists) and privacy is a BS issue as what I am asking you to post is ALL PUBLIC RECORD!!!!!!!
Truth is, most of you recounting your "i sued the wrong person" crap are shills....bull
http://pview.findlaw.com/view/3598345_1
Creating confusion is just a variation of deception.
The effect is the same, so the goal is the same.
https://complaintwire.org/complaint/SpoBAAAAAAA/pmg
You can find most of these fake "process server" scams by Googling 800notes:
Google search along these lines: ("serve" OR "papers") AND "2012" AND site:800notes.com
For example, see this recent list here, of phones active in 2012, including your recent "friends":
https://complaintwire.org/complaint/SpoBAAAAAAA/pmg/115