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- Alfalfa replies to Get Out of Debt GuyYep:
The federal government has gone to court to shut down a Corona-based operation described as a “shake-down debt collection enterprise” that has “unjustly” collected more than $9.4 million in a little more than two years’ operation — with many of its alleged victims actually owing nothing to anyone.
Collectors speaking English and Spanish called people nationwide and falsely represented themselves as process servers, lawyers or legal office staff and claimed the people who picked up the phone were facing a lawsuit over an unpaid debt.
A returned call put the consumer in touch with a collector who turned up the heat with escalated threats including wage garnishment or property seizure. Some collectors claimed they were law enforcement and threatened arrest, according to documents filed in the case.
U.S. District Court Judge Virginia A. Phillips in Riverside on Oct. 11 granted a temporary restraining order against the businesses named in the Federal Trade Commission civil action. She also appointed a temporary receiver and scheduled another hearing for Monday .
Named as defendants in the FTC filing were several businesses, many of them sharing a couple of addresses in Corona: Rincon Management Services LLC; Prime West Management Recovery LLC; Union Management Services LLC; National Filing Services LLC; Investment Services LLC; Global Filing Services LLC; and Pacific Management Recovery LLC.
Also named in the civil action are two men said in court documents to be behind the companies, Jason R. Begley and Wayne W. Lunsford. “Defendants have operated their deceptive and abusive scheme since March 2009,” the documents say.
Court records show no attorneys representing either the men or the businesses. A listed phone number for a man matching Begley’s name in Riverside reached a solar power company. The operator said no one named Jason Begley worked there. A number for a man matching Lunsford’s name in Sun City was disconnected.
In papers filed in Phillips’ court, an FTC investigator outlined a sophisticated operation with its collectors following a script to deal with questions and challenges from the people they called.
“Defendants represent to the consumer that he can ‘settle’ the case by making an immediate payment to the defendants. In fact, no lawsuit has been filed nor will soon be filed against the consumer. Defendants simply use these tactics in an attempt to unlawfully collect money from the consumer,” the papers state.
http://www.pe.com/local-news/riverside-county ... ors-illegal.ece
http://www.collectorsexposed.com/forum/Index.php/topic/4056-feds-claim-corona-based-debt-collectors-illegal - Ian LyngklipMany of the autodialers used by the collectors have the ability to determine if you have more than one account and been contacted by them once during the day. This gives them the ability to not annoy people with more than one call. Calling on the same debt twice at the exact same time could be viewed as abusive. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from abusing or harassing consumers on the phone.
The best way to stop the collection calls from a legitimate collector is to send a written demand that they cease communications. The Fair Debt Collection Practices Act (FDCPA) requires that they honor written requests like this, and stop almost all communications. If you send a letter like this, you should do so by certified mail, return receipt request, and keep a copy of the letter together with the return receipt. I have posted sample letters on my web site’s law library. http://www.sue4abuse.com/library.html
Unfortunately, some times the debt collectors have dialed your number but are trying to reach someone else. In those cases, your best option may be to have an attorney help get their attention or pursue claims under the either the Fair Debt Collection Practices Act (FDCPA) or the Telephone Consumer Protection Act (TCPA).
Lyngklip & Associates sues abusive debt collectors.
www.sue4abuse.com
Call toll free (877) 783-4228 for a free consultation - Ian LyngklipMany of the autodialers used by the collectors have the ability to determine if you have more than one account and been contacted by them once during the day. This gives them the ability to not annoy people with more than one call. Calling on the same debt twice at the exact same time could be viewed as abusive. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from abusing or harassing consumers on the phone.
The best way to stop the collection calls from a legitimate collector is to send a written demand that they cease communications. The Fair Debt Collection Practices Act (FDCPA) requires that they honor written requests like this, and stop almost all communications. If you send a letter like this, you should do so by certified mail, return receipt request, and keep a copy of the letter together with the return receipt. I have posted sample letters on my web site’s law library. http://www.sue4abuse.com/library.html
Unfortunately, some times the debt collectors have dialed your number but are trying to reach someone else. In those cases, your best option may be to have an attorney help get their attention or pursue claims under the either the Fair Debt Collection Practices Act (FDCPA) or the Telephone Consumer Protection Act (TCPA).
Lyngklip & Associates sues abusive debt collectors.
www.sue4abuse.com
Call toll free (877) 783-4228 for a free consultation - ZamoraJEWEL31| 1 replyI would like to propose not to wait until you earn big sum of money to order goods! You should get the home loans or term loan and feel fine
- not Michael replies to ZamoraJEWEL31Thats about the worst financial advice I've ever read. Sure, take out a loan to buy a house and maybe your first car and to pay for education beyond high school. But other things, save your money and buy it when you can afford it.
- X replies to Silly DebtorsWe'll pay BUT not to you and others like you (scum) I think we would all like to pay the original creditors what they are owed BUT not you even if you bought the damn debt. I guess that would be a bad business deal and a good write when you pay your taxes OOPS maybe you don't pay taxes cause your out of country
- correction replies to Scam is Rightthe debt collector refused to SIGN for the letter - that is why it was returned, UPS has to accept the letter - they are not required to sign for it, they are required to get the signature from the debt collector employee who picks up the mail.
Save that for potential court case - just as it came back to you - do not open or anything else. It will be PROOF in court that the debt collector refused to validate - former process server replies to .You only have to be licensed if you serve more than 10 people a year. FYI
- Consumer replies to concerned citizen"And yeah I'm also sure that they will probably never take you to court but the fact of the matter is that they can if they wanted to. " -- NOT if the Statute of Limitations has run out and it's a Time Barred debt. In that case, THEY are "SOL" except for trying to harass the person.
I seriously question the debt being charged off in 2008 by the original creditor, yet "legally" still having interest applied to it by a collection agency, since the debtor's contract was with the original creditor and was NOT a party to the sales agreement between the creditor and the collection agency.
But, I haven't researched that and could be wrong. - seriously replies to shutupApparently you are the one who needs something better to do. You don't have to read these posts, no I've made you look at them.
- MercuryThey call me every day. Tomorrow will be fun.
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