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  1. #1
    Join Date
    Aug 2011
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    2

    Default Calls About a Lawsuit, But No Record at Court

    My question involves collection proceedings in the State of: Florida

    My dad, sister and friends of mine have been getting calls from someone saying telling them to tell me they filed a civil lawsuit against me. They will not say who they are just tells them to have me call 1-877-856-9441 and to give me a case # . Anything I can do? I searched under my courts website, even called and they said they have nothing against me in the system. I also checked pacer. I am at a lost.

    Called the 877-856-9441 number and they answer corporate office who do I need to direct your call to. When I ask what company this is they refuse to say.

    How do I get then to stop harrasing my relatives and friends if I don't know who they are?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Calls About a Lawsuit, But No Record at Court

    The "case number" presumably is the number you give when you call the 877 number, so that they can connect you with whomever is trying to collect.

    If in fact a lawsuit has been filed, as whoever this is does not appear to have your present address or phone number, perhaps it's not filed in your local court.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Calls About a Lawsuit, But No Record at Court

    Well I ended up going to a attorney in town that deals in debt collectors. He said what they did is illegal and to keep track of when they call and what thye say. He is going to track down who it is and file suit against them. So I guess I will see where this goes.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Calls About a Lawsuit, But No Record at Court

    It may well be a FDCPA violation. For example, if they're saying "we sued you" and they did not, that would be a violation. If they're communicating more information to your relatives, in their attempt to locate you, than is permitted, by law, that would be a FDCPA violation. Apparently the one person they're not calling is you, suggesting that they still don't have your address or phone number.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Calls About a Lawsuit, But No Record at Court

    Your situation sounds suspiciously like one I recently experienced. I don't believe you are being sued. Rather, I believe you are being targeted by a junk debt collector who is trying to frighten you into paying a debt so old that you can no longer actually be sued for it.

    I received a call one afternoon claiming to be from someone with "legal documents" to send me. They left a callback number and a "case number". The next day, they called again, claiming to be preparing to sue me, again leaving a callback number and a "case number". A few days later, they called again. I never returned a call. About a month later, they called again, claiming to have sent "legal documents" to my employer, and that if I didn't return their call within the hour, I would be arrested.

    THAT was confirmation that it was a junk debt collector. Firstly, I'm self-employed. Secondly, you don't get arrested in the state of Ohio for debts. So I called their bluff and threatened suit under the FDCPA. It turned out, they were trying to collect on an old debt that was 1) already paid off years ago and 2) from when I was in college, 24 years ago, well out of the SOL. I told them to cram it, and I've not heard from them since.

    There are a number of junk debt collectors that employ these tactics. They are illegal. In addition to working with the attorney you have spoken with, file a complaint with your state's Attorney General.

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