I got a call from these people today... The same number, Mr. Reynolds, etc.. Another 'law firm' called me last week regarding the same matter. A Providian card that was taken out in 99, used three months, never paid on and the account was closed in early 2000. This was NOT my card, the matter was investigated and determined to be fraud back in 2006. Fast forward to April of this year: I get a call from Marshall & Zilokowski, the man calls me a drunk, a deadbeat and tells me the Sheriff is on his way to my house to haul me off to jail... It was almost funny it was so weird! I did some research and find out that M & Z PURCHASED this account and by some miracle some good samaratin had made a payment on it in my name back in 2003. The miracle is that the sudden appearance of this 'payment' brings the account back into the statute of limitations in Michigan for being able to collect on it. (6 years) Nobody at M & Z can tell me how much the payment was, who made it and how this miracle payment was made (check, credit card, money order...) So I filed a complaint against them with the Better Business Bureau, the FTC and the State of Michigan. It did not suprise me that they did not respond. But they went away..
They went away until last week, now a lawsuit is being filed against me (they don't even have my name correct as they are using a name I have not legally used in over 14 years) and they are trying to tell me that I MUST PROVE the debt is not mine. Sorry guys, YOU have to prove the debt! Re-aging accounts is illegal, harrassment is illegal, reporting inaccurate or fraudulent information to the credit bureaus is illegal.
I'm filing a case against them on Friday. The state of Michigan allows for $500 PER violation, PER incident. The last time I had one of these leeches try this crap I filed against them. They settled out of court and I got my court fees reimbursed, a little money for my trouble and the promise (or they will pay again) that they will NEVER bother me again.
Most judges HATE these types of predators. ALWAYS record your phonecalls, NEVER scream, shout, swear at them. (If they call you names, threaten you - even with a lawsuit - that is a violation of the FCRA.) Know the statute of limitations in your state. Most states is either 5 or 6 years. The statute of limitations BEGINS the first day of the delinquency. (Ie. the bill is due 1/1/02, the statute of limitations for collecting the debt ends 1/1/08 UNLESS a payment is made--then it starts all over.) They can only report a delinquent debt, charge-off, write off on your credit report for 7 years begining with the day it went delinquent. They have to prove the debt is yours, they have to prove the date of delinquency is correct and they must provide you with proof within 30 days of the first contact with you if you request it. (You should ALWAYS do this via certified mail w/return receipt. At that time tell them NOT to contact you except by mail to verify/validate the debt. A paper that says you owe XXXX amount of money is NOT validation! They have to provide a contract with your signature and ANY account information including statements. If they continue to contact you--they are in violation and you can sue them.
I'll check back on this page - if anyone needs more information I'll be happy to point you in the right direction and help you out as much as possible. I've been through this stuff and I hate the way these people are...and you can handle it yourself for free! (Except the cost of sending certified letters and if you file a suit against them, but when you go to court they'll have to pay you back for all those costs anyway plus the judges are pretty cool about making them pay for the priviledge of treating you like crap! ;) Being called a drunk is well worth $500 to me! )