My wife is scared to death. PLZ help

[Ladynred]

Ok, MY question pertains to this statement by the OP:

I checked on the current SOL for MN and for judgements it is 10 years.

RED FLAG !!! WAS this a debt that your wife was sue for and thereby reduced to judgment ?? If so, and the payments and proof of payment you referred to were to pay a JUDGMENT, then did she ever get a LETTER OF SATISFACTION from the judgment creditor that acknowledged the judgment was paid, IN FULL (including accrued interest) ??

If this WAS a judgment and not just an old bad debt, this is a whole different can of worms. If no letter of satisfaction came from the judgment creditor and was not filed with the court, then these new debt collectors think they bought a valid judgment.

If this was NOT a judgment, then as already stated, the collector's threats regarding criminal charges are ILLEGAL. Not paying a debt is a CIVIL matter, not criminal. It DOES matter that the debt was paid, so more lies from the collector.
You need to read the FDCPA, learn your rights: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Your wife's "agreement" to pay did NOT restart any SOL - if it was even applicable - from MN Statutes:

541.17 NEW PROMISE MUST BE IN WRITING.
No acknowledgment or promise shall be evidence of a new or continuing contract sufficient
to take the case out of the operation of this chapter unless the same is contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of a payment of principal or interest.

Depending on the actual character of this debt - judgment or not - you have several actions you can take, one of which is filing a complaint with your State AG for this collector's illegal actions.

 

[vexhold]

**UPDATE TIME**

Ok so we closed the bank account and reopened a new one and explained to the vp of the bank (a long time friend of the family) what was happening. We sent a validation letter..(unfortunatly from the same place the above mentioned poster got thiers from) certified mail..on monday...as of now it still has not been delivered. We have spoken to many people about this and have been told we are doing the right thing.. So tonight we get home and the same guy leaves this message...

"This message is for ******, **** my name is *******, I'm giving you a call in regards to information that was returned by your bank, weve asked the president and vice president to send a certified letter to confirm that there were no finances to cover this check. Mrs. **** I'm hoping that this situation was a terrible accident, Im hoping you did not give me a recorded statment and permission and to indicate this information and for you to intentionally defraud this matter. If this is the case Mrs. *****, I'm going to assure you that we will go to the District Attourneys office, we will go through the needed steps, the preperations, I don't know how getting a warrant filed in your City and State, what the preperations, what the tactical proceedures are, but I will assure you Mrs. ****, we will NOT, and I repeat, we will NOT allow yo to falsify this kind of information with this kind of dollar amount and not take criminal actions against you. There is no attourney in no City and State that would not take this case. Mrs. ******, you have been notified, you have been accused of a very serious incident, I hope this is not the picture your trying to paint, because this tells us Mrs. ***** I can assure you WE WILL get this situation resolved we will not need your help going thus forward. Im gonna leave a phone number, you have until 11:30 to return this phone call. My phone number is ***-***-****, the case munber you need to refer to will be *************, again ******** you have been notified in regards to this complaint."


Whatcha think? My wife is still freaking out.

 

[TigerD]

What they are doing is illegal.

Save the recorded threats.

Contact the Attorney Generals office

Contact a consumer rights attorney.

Do it Monday.

 

[Ladynred]

I completely agree, not that DC needs any backup from me

All I can say is .. what a crock of crap !!! Asked president and VP on your bank to send a letter ?? I seriously doubt it. "Defraud this matter" ?? This is a moron who's been taught to use certain words to intimidate... 'file a warrant' ?? No such thing. The only parties that can issue a warrant is law enforcement, which includes the DA and the courts. The dead giveaway here is the ridiculous 'deadline' to call by a specific time.

Save that recording, but also 'memorialize' it.. transcribe it to paper, record the date, time, the name of the company and the caller's name - even though it's probably not his real name - they uses aliases all the time. The recording may not be admissible in court, but if you've got it written down you can use it. I would also make sure you send copies of it, along with a formal complaint, to your State AG's office and the FTC. The FTC won't do anything individually, but they will if they get enough complaints the show a pattern of abuse.

One more thing - you never did answer my question about whether or not there was ever a judgment - it's important.

 

[redgtsviper]

I have the same problem

I got a call from Nathan & Peters telling me I am haveing charges filed on me because they said when I filled out the credit card form I stated I made 4000+ a month, and because I didn't they are filling charges on me as fraud. He asked me if I would be willing to turn myself into the local police. My orignal bad debt was something like 2000. And they said I now owe 9200 with legal fees and would settle for 6200.00.

Freaking out I agreeded. But I also belive that this is a scam. What should I do The money has not posted to my account yet should I cancel it.

 

[TigerD]

I got a call from Nathan & Peters telling me I am haveing charges filed on me because they said when I filled out the credit card form I stated I made 4000+ a month, and because I didn't they are filling charges on me as fraud. He asked me if I would be willing to turn myself into the local police. My orignal bad debt was something like 2000. And they said I now owe 9200 with legal fees and would settle for 6200.00.

Freaking out I agreeded. But I also belive that this is a scam. What should I do The money has not posted to my account yet should I cancel it.

Please start you own thread. Or perhaps a thread regarding this company.