Fisher & Burns LLC Tried to Serve me Today. SOL in question

[swedishhands]

A rep from Fisher & Burns LLC in Orange County contacted my work place asking for procedures to on how to serve me today. They left their phone number and my case number with the principal's secretary of where I teach. I called them back during my break and they said they had someone in Napa, CA to serve me BUT if I wanted 24 hours to review to request to settle they would send me an email. I said "Okay".

 

It is for a Chase Account that first went delinquent in April of 2007 and again in June of 2007. Max Delinquency of 120 Days in 09/2007. Account Closed 12/2007.

 

As far as I know the SOL in CA is 4 Years. My Transunion Report from Transunion says it will be deleted in March 2014. I can't see where they have any authority to collect and issue wage garnishment as they mentioned on the phone.

 

Has anyone else had any interaction with Fisher & Burns LLC in Orange County, California?

 

Many Thanks, Swedishhands

 

 

This is the email they sent today:

 

FBF FISHER & BURNS FINANCIAL LLC

3419 E Chapman Ave Suite 500

Orange, CA 92869

Phone (866)717-6553 Fax (657) 235-6100 Direct Line 657-235-6106

THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

September 17, 2013
*
RE: Original Creditor: CHASE Bank USA, N.A. Original Account: ACT#: 414.............. Account: 16................ Balance: $10,240.37

As of September 17, 2013, FBF is prepared to offer options in resolving the above referenced account:

1. $1500.00 down and $200.00 per month until balance of 10,240.37 is paid in full

 

2. . $8704.31 in 3 payments of $2901.43per month (Sept/Oct./Nov)

 

3. $5632.20 one lump sum settlement
Funds must be represented by 09/18/13 and dated on or before 09/27/13. There is no grace period. If funds are not received in our office by the due dates, this agreement will be considered NULL and VOID.

Once the funds for the above referenced account have cleared your bank, FBF will release you from all claims and liabilities pertaining to this account and our trade line with the major credit bureaus will be updated accordingly as paid in full.
If you are unsure whether the payment will be received in our offices on or before the due date, you may contact the undersigned Account Manager to obtain instructions for sending funds via CREDIT CARD or CHECK.

 

Please feel free to contact us at any time if you should have any questions regarding your account.

Sincerely,
Megan Owens Director of Operations Fisher & Burns Financial

[raduque]

This is what I would do: Fire off a DV to halt further collections, then followup with an OoS/ITS letter. If they actually do take you to court after this, consult a lawyer about using SOL as an affirmative defense, then counter-sue for FDCPA violations.

 

I'm sure somebody else will chime in, who knows more than I do, or has actually defended themselves from this.

[ICANHASMUNY?]

Oh Yeah , that was a FDCPA violation BIG TIME.

 

they are only allowed to contact your employer to acquire your contact address - they are not allowed to disclose who they are, or why they are calling or the existence of any debt.

 

 

Threatening to sue for a matter that is beyond the SOL is also a violation of the FDCPA.

 

they have a presence on the web, but no website - think that this is either a real company that isn't a collection agency, some scam artist is using their name.

 

 

send this Letter Back.

 

 

Megan Owens

 

Director of Operations Fisher & Burns Financial

3419 E Chapman Ave Suite 500

Orange, CA 92869

 

RE; Original Account: ACT#: 414.............. Account: 16................ Balance: $10,240.37

 

 

Dear Ms. Owens,

 

On xx-xx-xxxx, A rep from Fisher & Burns LLC in Orange County contacted my work place asking for procedures to on how to serve me. They left their phone number and my case number with the principal's secretary of where I teach. I called your firm back during my break and your Representative Stated they had someone in Napa, CA to serve me BUT if I wanted 24 hours to review to request to settle they would send me an email. I said "Okay and Gave my Email address.

 

This Account is beyond the Statute of limitations, and no longer appears on my credit report.

 

I'll counter offer a settlement with your firm - but unfortunately for you, it involves Violations of the FDCPA, so your firm would be the one making the payment.

 

If your firm ever contacts my employer again and or If I ever receive another demand letter from your firm, I'll turn this matter over to an attorney for review and legal action in Federal court.

 

Making threats of legal action that cannot be taken is a violation of the FDCPA.

 

I'll entertain a settlement offer from your firm for the next 10 days, after that I'll turn this matter over to an attorney.

 

I don't believe that you are really an employee of Fisher and Burns Financial , or even if this is a real collection office.

 

However, since you gave me your email address and phone numbers,, I'm sure we can track you down via your Service provider once we have a Federal Court order.

 

Best Regards,

 

 

Not so Stupid consumer

[Momof5]

Contact the court and find out if this is a real case!

[cv91915]

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

Edited September 18, 2013 by cv91915

[JunkBuyersWorstNightmare]

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

 

 

[JunkBuyersWorstNightmare]

Oh Yeah , that was a FDCPA violation BIG TIME.

 

they are only allowed to contact your employer to acquire your contact address - they are not allowed to disclose who they are, or why they are calling or the existence of any debt.

 

 

Threatening to sue for a matter that is beyond the SOL is also a violation of the FDCPA.

 

they have a presence on the web, but no website - think that this is either a real company that isn't a collection agency, some scam artist is using their name.

 

 

send this Letter Back.

 

 

Megan Owens

 

Director of Operations Fisher & Burns Financial

3419 E Chapman Ave Suite 500

Orange, CA 92869

 

RE; Original Account: ACT#: 414.............. Account: 16................ Balance: $10,240.37

 

 

Dear Ms. Owens,

 

On xx-xx-xxxx, A rep from Fisher & Burns LLC in Orange County contacted my work place asking for procedures to on how to serve me. They left their phone number and my case number with the principal's secretary of where I teach. I called your firm back during my break and your Representative Stated they had someone in Napa, CA to serve me BUT if I wanted 24 hours to review to request to settle they would send me an email. I said "Okay and Gave my Email address.

 

This Account is beyond the Statute of limitations, and no longer appears on my credit report.

 

I'll counter offer a settlement with your firm - but unfortunately for you, it involves Violations of the FDCPA, so your firm would be the one making the payment.

 

If your firm ever contacts my employer again and or If I ever receive another demand letter from your firm, I'll turn this matter over to an attorney for review and legal action in Federal court.

 

Making threats of legal action that cannot be taken is a violation of the FDCPA.

 

I'll entertain a settlement offer from your firm for the next 10 days, after that I'll turn this matter over to an attorney.

 

I don't believe that you are really an employee of Fisher and Burns Financial , or even if this is a real collection office.

 

However, since you gave me your email address and phone numbers,, I'm sure we can track you down via your Service provider once we have a Federal Court order.

 

Best Regards,

 

 

Not so Stupid consumer

 

 

Well said.

[CG in TX]

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

That only happens in the French Quarter...usually right after they tell you they know where you got your shoes.

[cashnocredit]

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

 

Parties to a suit cannot use their own agents for service. It's not allowed. If you sue someone you have to have an unrelated party serve papers. And yeah, professional servers do not call you or your work to set up "procedures" let alone say you have "x" hours to settle. It's completely a bogus collection attempt designed to increase your fear of a non-existent legal action. They assume most consumers are not aware of how court cases are initiated or proceed.

[futurehomeowner?]

LOL I liked the pick pocket analogy.

 

I would do as ICAN said and then consult an attorney.

[cashnocredit]

 

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

That only happens in the French Quarter...usually right after they tell you they know where you got your shoes.

 

Classic!

[ICANHASMUNY?]

you should also file a complaint with the FTC and the CFPB

 

the FTC has been shutting down fake collection agencies.

 

 

if you're concerned about the folks at work,

 

send them these links , or print out the pages. from the FTC website,

 

( FTC has shut down and fined illegal and fake debt collection firms )

 

http://www.ftc.gov/opa/2013/09/procredit.shtm

 

http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

 

http://www.ftc.gov/opa/2012/10/americancredit.shtm

 

There lots more of these if you need more.

[cv91915]

 

 

 

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

 

That only happens in the French Quarter...usually right after they tell you they know where you got your shoes.

Classic!

I don't go north of Mr. B's Bistro anymore (unless I stay at the Monteleone, and then THAT is my northerly limit on Bourbon Street), so I'm afraid I don't know that one.

[tiamaria]

I too was contacted by Fisher and Burns today. They said it was a joint debt with my deceased husband from 2007. I am scared they said they will serve me tomorrow if I do not pay them 1000.00 tomorrow. I gave them my credit card number to stop the service. They had all of my information my new husbands and my daughters. Any advice would be appreciated.

[cashnocredit]

I too was contacted by Fisher and Burns today. They said it was a joint debt with my deceased husband from 2007. I am scared they said they will serve me tomorrow if I do not pay them 1000.00 tomorrow. I gave them my credit card number to stop the service. They had all of my information my new husbands and my daughters. Any advice would be appreciated.

 

I guess you have figured out by now that this sort of thing is a scam. You probably should have the credit card company re-issue you with a new card and number.

[Misty120]

Oh Yeah , that was a FDCPA violation BIG TIME.

 

they are only allowed to contact your employer to acquire your contact address - they are not allowed to disclose who they are, or why they are calling or the existence of any debt.

 

 

Threatening to sue for a matter that is beyond the SOL is also a violation of the FDCPA.

 

they have a presence on the web, but no website - think that this is either a real company that isn't a collection agency, some scam artist is using their name.

 

 

send this Letter Back.

 

 

Megan Owens

 

Director of Operations Fisher & Burns Financial

3419 E Chapman Ave Suite 500

Orange, CA 92869

 

RE; Original Account: ACT#: 414.............. Account: 16................ Balance: $10,240.37

 

 

Dear Ms. Owens,

 

On xx-xx-xxxx, A rep from Fisher & Burns LLC in Orange County contacted my work place asking for procedures to on how to serve me. They left their phone number and my case number with the principal's secretary of where I teach. I called your firm back during my break and your Representative Stated they had someone in Napa, CA to serve me BUT if I wanted 24 hours to review to request to settle they would send me an email. I said "Okay and Gave my Email address.

 

This Account is beyond the Statute of limitations, and no longer appears on my credit report.

 

I'll counter offer a settlement with your firm - but unfortunately for you, it involves Violations of the FDCPA, so your firm would be the one making the payment.

 

If your firm ever contacts my employer again and or If I ever receive another demand letter from your firm, I'll turn this matter over to an attorney for review and legal action in Federal court.

 

Making threats of legal action that cannot be taken is a violation of the FDCPA.

 

I'll entertain a settlement offer from your firm for the next 10 days, after that I'll turn this matter over to an attorney.

 

I don't believe that you are really an employee of Fisher and Burns Financial , or even if this is a real collection office.

 

However, since you gave me your email address and phone numbers,, I'm sure we can track you down via your Service provider once we have a Federal Court order.

 

Best Regards,

 

 

Not so Stupid consumer

 

 

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

 

 

 

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

That only happens in the French Quarter...usually right after they tell you they know where you got your shoes.

 

 

 

 

 

 

Yeah, this sounds fake. No one calls you to find out how to serve you. They just serve you - or hire someone who serves people for a living, and they know every possible way to serve.

 

When was the last time someone stopped you on the street and asked you how to pick your pocket, and then just offered to NOT pick your pocket if you gave them 10% of the currency that you're currently carrying? Just saying...

That only happens in the French Quarter...usually right after they tell you they know where you got your shoes.

Classic!

I don't go north of Mr. B's Bistro anymore (unless I stay at the Monteleone, and then THAT is my northerly limit on Bourbon Street), so I'm afraid I don't know that one.

 

Love my fellow CB'ers!! Cracked me up! Swedishands...you're in good hands! Good luck to you..let us know how it turns out

[keepmine]

 

I too was contacted by Fisher and Burns today. They said it was a joint debt with my deceased husband from 2007. I am scared they said they will serve me tomorrow if I do not pay them 1000.00 tomorrow. I gave them my credit card number to stop the service. They had all of my information my new husbands and my daughters. Any advice would be appreciated.

 

I guess you have figured out by now that this sort of thing is a scam. You probably should have the credit card company re-issue you with a new card and number.

 

You also need to tell the cc company not to process that payment.

[ICANHASMUNY?]

everyone need to contact the FTC and the CFPB.

 

file complaints

 

it works !

[tiamaria]

Thank you. I have done as recommended. This morning they somehow got my new husbands cell phone number called him abour the credit card payment denied and "what my intentions are" can I somehow stop them from that?

[cashnocredit]

Thank you. I have done as recommended. This morning they somehow got my new husbands cell phone number called him abour the credit card payment denied and "what my intentions are" can I somehow stop them from that?

 

Take time and write down exactly what happened on the earlier phone call. Document the threats and claims they made about what they were going to do if you didn't pay them then, Sign and date it and have someone else read and initial that they read it. Do this with all future contacts that you haven't or can't legally record. Don't even begin to think about paying them for this sort of extortion until they have given you evidence the debt was real and is legally collectable.

Edited October 30, 2013 by cashnocredit

[ICANHASMUNY?]

Thank you. I have done as recommended. This morning they somehow got my new husbands cell phone number called him abour the credit card payment denied and "what my intentions are" can I somehow stop them from that?

 

read the letter up above?

 

send a modified copy. CMMR,

 

and file a complaint with your State AG and the FTC.

 

when Fischer and Burns calls you up next,

 

tell them you'll save them all the trouble, and meet them at the local courthouse where the Sherriff can take you into custody.

 

walk out the door with the cell phone in your hands, open the garage door and start the car - let the dude hear it.

[tiamaria]

 

That gave me a Thank you.

Does anyone know what state SL applies. The state of the company owed the state I live in or the state that holds the collection?

 

Again, thank you for the support

[tiamaria]

Did fisher and burns stop thier efforts after you mailed them a letter? Should I exspect more contact from them?

[JunkBuyersWorstNightmare]

 

Thank you. I have done as recommended. This morning they somehow got my new husbands cell phone number called him abour the credit card payment denied and "what my intentions are" can I somehow stop them from that?

 

read the letter up above?

 

send a modified copy. CMMR,

 

and file a complaint with your State AG and the FTC.

 

when Fischer and Burns calls you up next,

 

tell them you'll save them all the trouble, and meet them at the local courthouse where the Sherriff can take you into custody.

 

walk out the door with the cell phone in your hands, open the garage door and start the car - let the dude hear it.

 

 

[JensC]

I spent last 4 hours researching this because I paid Fischer & Burns a "Settlement" for $1200 after they called my work and told my admin that i was going to be served and wanted to verify that I would be there.

 

It seems this is a legit company, I called chase who told me they sold my debt to Forward Properties, who sold my debt to Exec Financial enterprises, who sold my debt to WEBA who sold my debt to Black Creek Collections, who sold it to Fischer & Burns. They said that I had Refused to pay the debt and that's why "Chase" had hired them to collect. I called Chase back twice to finally get someone to tell me that Chase did not hire this company, they sold this debt in like 2007 and haven't touched it or had anything to do with it since.

 

I NEVER refused to pay this debt. I haven't been contacted about this debt in over 5 years. And I do remember trying to set up $100/Month payments to a collection agency at one time who told me that $100 wasn't enough and she was going to report me as refused to pay. I repeated Numerous times so their "recording" would hear that $100/month was literally all I could spare and I was absolutely not refusing to pay this debt, I was offering to pay it off at $100 a month.

 

This Debt has been a nightmare. But hopefully now it is taken care of. Its actually not even on my credit report and hasn't been for a while because I've actually paid everything off there. So I don't know, maybe nothing would have happened if I ignored it but i hope this all goes away now.

 

Side Note - Exec Financial Enterprises was the most frustrating company to deal with! I had to call 4 times to try to get the information on who they sold the debt to. Everyone else just gave it over like it was no issue. The women was SOO incredibly rude and I had to yell and beg her for this information nearly in tears because I was just trying to verify that I paid $1200 to a legitimate company.