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- Regina| 1 replyThey say I missed a court date that some law firm called London ??? and associates is suing me for not paying a Best bank $500+ for money they say I owe from 2010. They remind you that not showing up for court is a federal offense. When you call back and give them the account number they put you on hold and then cut you off or you get a recording saying it is a incorrect number. Even calling from a different phone number as soon as you give them the case # they give you they put you on hold again and then you get cut off. They had the last four digits of my social and address of where I live. I need to know if the is a scam or is something real that needs to be addressed somehow? Thanks
- Caller: Anthony Morgan or Christine or Rebecca
- Call type: Debt collector
- BigA replies to ReginaMissing a court date is neither a federal or state offense. Missing Jury Duty maybe but missing a civil court date? Nope, all that would happen is that they would get a default judgement and there would be no need to call you if that happened. Also the civil threshold for Federal District Court is $75,000. Under that they don't really care.
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 (US MAIL ONLY) postmarked within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “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 letter 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 letter 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
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