Debt Validation

[anglbg851]

What is the name of your state? TN

I have been contacted by a debt collectiopn agency from another state, regarding an outstanding debt. Believing in their threats of immediate arrest, I sent a partial payment. If it has only been 10 days since the first contact of a letter, am I still within my legal rights of asking for a complete debt validation? Especially since the amount they claim I owe has suddenly gone from a simple $300 to $1,200? I sent the money because I do owe this debt, and they did have the name of the company I owe this too, but they claim to be attorney's and the legal department, and well, needless to say, did scare me with their threats of immediate legal arrest.

[stevek3]

Originally Posted by anglbg851

What is the name of your state? TN

I have been contacted by a debt collectiopn agency from another state, regarding an outstanding debt. Believing in their threats of immediate arrest, I sent a partial payment. If it has only been 10 days since the first contact of a letter, am I still within my legal rights of asking for a complete debt validation? Especially since the amount they claim I owe has suddenly gone from a simple $300 to $1,200? I sent the money because I do owe this debt, and they did have the name of the company I owe this too, but they claim to be attorney's and the legal department, and well, needless to say, did scare me with their threats of immediate legal arrest.

Dollars to donuts, if you posted the letter verbatim, it would show they actually didn't threaten you with arrest.

With respect to your specific question, yes, you have a right to request validation of the debt. Ask them to completely itemize the entire account they state is owed to them.

[anglbg851]

Actually, you are correct. The letter did not mention arrest. It was the numerous phone calls I received the day after I received the letter before I had a chance to do anything. To which at that point, I was informed that a letter just received, dated 4 days prior was no longer valid, that as of 5:00 the next day a warrant for my arrest would be issued unless I paid the $1200. I was then asked if I had ever been arrested before, if I have ever been on probation for anything, would I like to be arrested at my job or my home, perhaps I needed to arrange for a lawyer before my arrest--you name it, they said it. No matter what I said in regards to the letter received, I was repeatedy informed that the letter was no longer valid. It dd not matter that on the back of this letter, it had the Fair Debt Privacy act listed, stated they were not allowed to do this, they did it anyway.

[Ladynred]

Good Lord, talk about heinous violations of the FDCPA !!! There is absolutely NO WAY you can be arrested for not paying a debt (unless you've been kiting checks) ! Debtor's prisons were abolished in the late 1800's. Tape the calls, TN is a 1 party state, the only permission needed to tape is YOURS. Keep a log of the calls and a short account of what was said to you. File a complaint with your state Attorney General's office and the FTC (which you can do on the FTC web site).

Just out of curiosity, who is the collection agency ? What kind of debt is it ??

If you haven't read the Fair Debt Collections Practices Act (FDCPA), do so. Verbal abuse and threats of legal action that they cannot take are violations of the law - and it sounds like these ADUBS are going to keep racking up the violations. I wouldn't talk to them, once they start with that crap, hang up !

[anglbg851]

The name of the company is Collection Professional Services, in Rancho Mirage, CA. Unfortunately they are a collection agency for a Payday Loan company. I have twice reported them to the FTC with no response as of yet. If I do not answer the phone, then they either leave messages on my voice mail or clal me at work, leaving messages there stating who and why they are calling. I have informed them not to contact me at work, yet they still call. I relaize, yes, this can be considered a bad check, but as a collection agency, are they still not bound by the rules of the FDCPA. I want to repay this, and tried to with the original company, but they refused anything but payment in full, plus what they called service fees. Can I be arrested from California at the drop of a hat, as they keep saying?

[Ladynred]

Oh they are WAAAYY over the lines of legality here and they most certainly ARE bound by the FDCPA. The type of threats you're getting are very typical of collections for PayDay loans, I've heard many, many horror stories about these places. I told you, you can NOT be arrested 'at the drop of a hat' or otherwise for this, and certainly not from some collection agency in CA ! I just wish ALL the states would outlaw these damn places, they are a plague that needs to be eradicated. Call the TN AG's office and file a complaint and KEEP filing complaints with the FTC. The FTC moves slowly, but when they see enough complaints on one company or one type of company, they do take action.

Tape the calls. If you don't have anything to do that with, Radio Shack carries a gadget for $20 that will do the trick very handily. WRITE this collection agency a cease and desist letter telling them that they are to contact you by MAIL ONLY, no calls. Send it certified RRR and keep copies.

[JETX]

Something else to consider.....

According to Tennessee law:
62-20-105. License requirement.
(a) No person shall commence, conduct, or operate any collection service business in this state unless such person holds a valid collection service license issued by the board under this chapter, or prior state law.
(b) Regular employees of licensed collection services need not procure a separate collection service license.
(c) A licensed collection service maintaining more than one (1) place of business within the state shall register each place of business with reference to its specific location, name and purpose upon application for license and upon subsequent renewals of the license. The fees for each location for registration and renewal shall be established by the board.

And according to the Tennessee Dept. of Commerce and Insurance, the creditor you named (Collection Professional Services, in Rancho Mirage, CA) does NOT have a license.
Search at: [url]http://www.state.tn.us/cgi-bin/commerce/roster2.pl[/url]

[anglbg851]

Thank you very much. I appreciate that.

[anglbg851]

I had one more question, in regards to this, having read some other posts. I have sent the validation letter, and have received the return receipt. On eof the other posts said they do not have to provide the proof, but until they do, the company cannot continue collection activity? (I have looked for this on the web but am unable to find it). Does that mean if they are threatening to sue or arrest you, they cannot do this without providing the proof?

Oh, and in regrd to the pay day loan this is about: I never actually signed a check. Papers were sent to me stating they were loaning me the money (the usual papers signed when doing a payday loan) but I never signed a check to the company, and if a check was provided-I truly cannot remember-it was one marked void, not signed or made out to the company. Can they still pursue the bad check and arrest me for a felony as stated?

Thanks for all your help. As stated previously, I hve paid some on this, intend to pay the amount loaned, of $300, but not the $1200 they say I now owe.

[JETX]

Originally Posted by anglbg851

I had one more question, in regards to this, having read some other posts. I have sent the validation letter, and have received the return receipt. On eof the other posts said they do not have to provide the proof, but until they do, the company cannot continue collection activity? (I have looked for this on the web but am unable to find it). Does that mean if they are threatening to sue or arrest you, they cannot do this without providing the proof?

What you are looking for is found in the FDCPA:
§ 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Oh, and in regrd to the pay day loan this is about: I never actually signed a check. Papers were sent to me stating they were loaning me the money (the usual papers signed when doing a payday loan) but I never signed a check to the company, and if a check was provided-I truly cannot remember-it was one marked void, not signed or made out to the company. Can they still pursue the bad check and arrest me for a felony as stated?

No one can answer that for you without reviewing ALL the facts, including the papers you signed.