844-263-3642

Voice-mail from a Rachel Davis.  She had said something about trying to send me paperwork that needed to be signed and returned to them or else some court proceedings would proceed without me or something of those lines.

2 voicemails from a Ms. Reed about documents that would be served on me soon, and a vague threat that if I didn't call back to acknowledge or reschedule delivery, that court proceedings would go on without me. She didn't leave a process service company name and the call came from a private number. Seems sketchy.

Court proceedings do not go on without you if you have not been properly served.

 The fake process server/location finder extortion SCAM usually consists of the following:

They mention that they have received a Fax document or some sort of complaint and that there is a pending legal matter or action about to filed against you to create the sense of urgency.  They tell you that they are a “process server” and cannot give you the particulars of the case since the file is sealed. This is simply ruse to get you to call another number (often with a made-up case number) where they will ask for money to “make it go away” (this is actually the same place, they work in teams, one pretending to be the server, and the other usually pretends to be a lawyer).  They threaten to serve you at home or at work.  They tell you that if they serve you at work then they will need a supervisor, security, or HR person there as a witness, hoping that will cause you to panic over the alleged embarrassment of being served at work.  They also tell you that you will need two forms of ID.  None of which is true.  Process servers do not ever call ahead so that you can dodge them.  Process servers get paid to serve papers, nothing else.  They certainly are not going to pass up a paycheck by telling you that you can avoid being served, they are not going to give you an extra day or even a few hours to get a “stop order”.  Court documents are time sensitive and must be served within a certain amount of time.  Remember that you can always call the local courthouse to see if there really is a lawsuit that has been filed against you.

  It is incumbent upon them under the law to prove that the debt exists and that you owe it, and (this is the important part) that they have the legal right to collect it.  You are not obligated under the law to prove that you don’t owe or that it is paid.  

Federal law (FDCPA) requires them to send you a letter, email, or text (postmarked in the case of a letter) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. Unless they have communicated it to you verbally at the beginning of your conversation.  It also must contain the “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes.  The one other important thing that this communication must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.  If and when you get that communication you should immediately send that debt validation letter by certified, return receipt mail.

First, you should make a complaint at this Federal Agency, and while there you should also read up on how debt collection is supposed to work as well as what your rights in this matter are: https://www.consumerfinance.gov/

Also file complaints with the FTC: https://www.ftccomplaintassistant.gov/#crnt&panel1-1

Also file a complaint with your State Attorney General's office.
List of State AG’s offices:   https://800notes.com/faq/attorney-general

Follow-up. The final message said she would be coming to my home (she named my street) the next day during a two hour window, and again tried to get me to call 844-263-3642 to schedule or confirm. No company name, very vague. No one came during the stated window and there have been no more calls.  I checked with my local county court and nothing is happening involving me. Definitely a scam.