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This guy just called saying he was a special investigator.?
Alright so this guy just called saying that he was a special investigator. Well after being on the phone with him I found out that he is a bill collector. He told me that he was going to send out a summons for me to appear in court on a class e felony. He said that I owe $650 from an account from 1999.
First I was I graduated high school in 99' and went in the Marine Corps shortly there after. I did not have any credit accounts until the end of 2000. Second, when I bought my house in 2004 all of my debts were paid off. I asked him for more information about the account but he would only say that it was a citibank account and gave me a number. I told him that I would pay the debt if I owed the money and asked for proof of the debt sent to me in the mail. He said that there had already been correspondence with no response. I never received any letter from anyone about this. He eventually would not let me talk and told me that I would be receiving a subpoena for the felony case and not to have any large dogs, weapons, or narcotics in the home.
I am a cop and when someone tells me this I get scared because I can lose my job. Any help would be great please.
Ok so I tried to get the guy to give me an address so that I could send him a letter. He did not give me a chance. He hung up. Also I asked him to send me something that says that I owe this debt and he said they would only be sending a Supboena. He kept using big words to try and sound like he knew what he was talking about. I asked him if this was going to court what court it was in he just said it was through the county. I asked him if it was a state charge and he said yes. I know that there is no class E felony in GA but I'm still worried.
I feel a little better but if he had me on the phone why would he just hang up?
9 Answers
- ?Lv 71 decade agoFavorite Answer
If the debt is not yours, you have nothing to worry about. If the guy calls back simply say "this is not my debt" and hang up.
- toffLv 61 decade ago
Immediately check to see what your states debtors rights laws look like. Do not acknowledge any debt on the phone. In most states you have the right to tell them to contact you only by mail. If it is a legitimate attempt to collect they will have an address for you (do not give them your address). Also in most states collector's are required to inform you how they obtained the debt and how much they receive from the collection. Almost evey state also has a timeline in place. Here it is 7 years. If there has been no attempt to collect within that period you can have the debt removed. You really need to do some research. Most of the info for your state can be found on line.
- SigmaLv 41 decade ago
Don't let this piece of crap on the phone get you flustered. Debt Collectors are trained to be bullies and they are scum. I would not do anything until he can produce the paperwork for the debt he is trying to collect on. If it is your debt, you can clean it up. It sounds like this is not your debt. If it is not, just tell him it is not yours and hang up. There is something out there, and I apologize for not knowing the exact name of the law, called something like the Fair Debt Collections Practices Act. Google it. Being a cop, you know a lot about the law. There are many things that these dirt bags do just to get you flustered and emotional, just to get you to send them a check. If they continually harass you and not within the law (and it usually isn't), just tell them to stop harassing you and that if they persist, you will take them to court under the above law. Tell them you always wanted to own a debt collections company. Take it easy, like I said these guys are trained to get you in a paniced, emotional state so you will make a dumb decision and send them their money.
If it's yours, get it cleaned up. If it's not, tell them to go take a leap. Make sure the debt is yours before taking any action. You may have the same name as someone to whom this debt really belongs to. These debt collectors are not the brightest lights on the christmas tree. Good luck. I hope this works out for you.
- bdancer222Lv 71 decade ago
First, you can't be arrested for a felony for consumer debt. He's hoping to scare you into paying a debt that he can't prove. It may even be an out and out scam.
Second, a debt from 1999 is probably beyond the Statute of Limitations (SOL), the timeframe to bring lawsuit. Check your state: http://www.bcsalliance.com/statute_of_limitations_...
If this guy contacts you again, get an address. Then send a certified, return receipt letter telling him to cease and desist all communiations. The debt is not yours and beyond the SOL. That should be the end of him.
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- Anonymous1 decade ago
statute of limitations has run out for a debt from 1999. don;t even talk to him anymore and give him no other info - he was probably just trying to scare you with the summons/felony talk - I have never even heard of a class E felony and nothing related to past due debt would even be considered a misdemeanor, never mind a felony. until you see something in writing form any creditor, it isn;t real - he was probably a scam artist - not even a real collector
- CatDadLv 71 decade ago
You have NOTHING to worry about....the only power he has over you is fear...that's all. By themselves, debt collectors have NO power over you whatsoever...they cannot send the SWAT team to your house to have you arrested...nor can they take your firstborn child....Again, with debt this old, they have no power over you for the reason listed below. Defaulted debt is a civil....not a criminal matter...it is NEVER a felony unless there is fraud involved. Unless you've stolen credit card numbers you have nothing to worry about. Making a payment on this debt is the worst thing you could do as it would validate the debt as legitimate, then they would have power over you.
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
===================================
This debt is WAY outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying. This is exactly why they are trying to scare you with the "class e felony" BS....with debt this old it's the only way they can try to collect on it.
Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt.
* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
=========================
If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act.
Don't let them scare/bully you into paying this ancient, time-barred debt with bogus threats of arrest or legal action...they can't do either...they are powerless over you.
- 1 decade ago
If he is a bill collector, the burdon of proof falls on him. Was he trying to get information from you? It may be a scam.
- 1 decade ago
I wouldn't trust anyone who only talks to you on the phone. It sounds like a scam to me. Maybe you should ask him to see him in person in his office. Do whatever you have to do to make sure it's legit! I hate scammers.
- notyou311Lv 71 decade ago
Go immediately to your superiors and report this. They will investigate and find this impersonator who may be trying to extort money from you. You are innocent so you have nothing to fear.