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Collection Call Rec'd Looking for DD

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3 hours ago, legaleagle2012 said:

In other words, a message must reveal the fact that someone owes a debt before it violates third p[arty disclosure, which happened here. It appears that there is enough here to constitute a violation.

Even if a violation is real, it might be a good idea for the OP to first determine if the debt collector can actually be located.  

Edited by Bluesie58

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2 hours ago, Bluesie58 said:

Even if a violation is real, it might be a good idea for the OP to first determine if the debt collector can actually be located.  

It is not my debt. It is my grown daughter's debt and I spoke with her about it and played the recording for her. She says she got the identical call. She said she thinks it's a scam and isn't concerned. I have no idea what the debt is for or how much it is. It is her responsibility to deal with it. I just don't want these calls coming to me for debts that do not concern me. I told my daughter that I could help her in dealing with debt collector if she needed it. 

 

The debt collector (or what ever they are technically) would not give me an address or even a state where they are located. Not my monkey not my circus.

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11 hours ago, StarkRaven$ said:

Not to labor this post but are skip tracers scammers? Is it legal what they're doing?

Locating people that have "skipped" is a legit biz. There's many reasons why someone needs to locate someone else. Finding out where someone is located could even be for positive reasons such as locating someone that inherited something. But that's rare compared to locating someone that's skipped out on a debt.

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On 11/21/2020 at 7:35 AM, StarkRaven$ said:

 

Read Zortman. "Details" do not mean they have to sit there and give you the amount, etc. All it requires is what the judge in Zortman said. Actually, your DD would have grounds to sue, not you, since she is the affected consumer and you are not.

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I have had a similar situation going on at my house over the past few years.

 

Basically, there are some debt collectors out there that are just pure scammers. They don't follow the law, you will never be able to find their real contact info, and you will not be able to sue them. The ones I have dealt with like this were calling about some old payday loans my husband took out. They even called his work and gave out information about the debt to his coworkers. They threatened to have "someone deliver documents." They claimed they were with the court. They basically went down the list of all things debt collectors are prohibited from doing and did them. We have asked these people for letters or emails. We have never gotten any letters from people like this. We did get one fraudulent email with a fake company name, but that was it. 

 

Let me tell you: every lawsuit I have ever been served with did not come with any phone calls. The process server just shows up and knocks on the door. They want it that way so you only have a short time to fight a case and they can easily get a default judgment against people who do not know how to defend themselves. That's what the legitimate debt collectors do. And it usually comes after they have sent you letters in the mail for at least a couple of months, not completely out of the blue as a phone call.

 

I agree with a lot of what people have said: watch your court's website to see if anything gets filed. Otherwise, ignore these people. It's pretty telling that they will not give you the information necessary to dispute the debt or contact them. My favorite thing to do with these people is to tell them to stop calling because I don't pay money to any debt collectors as a matter of principle. That drives them nuts!

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3 hours ago, legaleagle2012 said:

Read Zortman. "Details" do not mean they have to sit there and give you the amount, etc. All it requires is what the judge in Zortman said. Actually, your DD would have grounds to sue, not you, since she is the affected consumer and you are not.

Thank you legaleagle2012. Problem is the phone # they left on the vm can not be found anywhere on the Internet and they only offered a name of their company "Alliance" but refused to give me an address or even a state. And, the phone # they called from was restricted.

 

There is a court case on the superior court site and I already spoke to my DD about that back in August. She said she was already served and paying it off. 

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3 hours ago, RehabbingANDBlabbing said:

I have had a similar situation going on at my house over the past few years.

 

Basically, there are some debt collectors out there that are just pure scammers. They don't follow the law, you will never be able to find their real contact info, and you will not be able to sue them. The ones I have dealt with like this were calling about some old payday loans my husband took out. They even called his work and gave out information about the debt to his coworkers. They threatened to have "someone deliver documents." They claimed they were with the court. They basically went down the list of all things debt collectors are prohibited from doing and did them. We have asked these people for letters or emails. We have never gotten any letters from people like this. We did get one fraudulent email with a fake company name, but that was it. 

 

Let me tell you: every lawsuit I have ever been served with did not come with any phone calls. The process server just shows up and knocks on the door. They want it that way so you only have a short time to fight a case and they can easily get a default judgment against people who do not know how to defend themselves. That's what the legitimate debt collectors do. And it usually comes after they have sent you letters in the mail for at least a couple of months, not completely out of the blue as a phone call. I agree with you. Thanks for sharing.

 

I agree with a lot of what people have said: watch your court's website to see if anything gets filed. Otherwise, ignore these people. It's pretty telling that they will not give you the information necessary to dispute the debt or contact them. My favorite thing to do with these people is to tell them to stop calling because I don't pay money to any debt collectors as a matter of principle. That drives them nuts!

 

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A couple of years ago while I was away working, my DH told me about a knock at the door. He's disabled so he called out and said just a moment. He got into his wheelchair and when he opened the door, there was a guy holding a clip board and the guy said he was there to pick up an appliance from daughter (can't remember if it was a washer or frig) for a rental furniture place. My DH was dumbfounded and told the guy we don't have an appliance from a rental place and daughter does not live her and hasn't lived here for a few years. There was a big truck parked out front from the rental company.

 

This tells me daughter deliberately put down our address as a location for her leasing a major appliance. 😠 My DH and I have never rented furniture or appliances.

Edited by StarkRaven$

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2 hours ago, StarkRaven$ said:

A couple of years ago while I was away working, my DH told me about a knock at the door. He's disabled so he called out and said just a moment. He got into his wheelchair and when he opened the door, there was a guy holding a clip board and the guy said he was there to pick up an appliance from daughter (can't remember if it was a washer or frig) for a rental furniture place. My DH was dumbfounded and told the guy we don't have an appliance from a rental place and daughter does not live her and hasn't lived here for a few years. There was a big truck parked out front from the rental company.

 

This tells me daughter deliberately put down our address as a location for her leasing a major appliance. 😠 My DH and I have never rented furniture or appliances.

One came recently for my husband and was holding a fake package. The joke was on him though, because getting those papers was good news for us. They violated the FDCPA (again) by contacting him after we retained an attorney, so we got them to dismiss their case against my husband.

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On 11/20/2020 at 8:08 PM, cashnocredit said:

That narrows it down. As was probable, they were collectors using fear inducing techniques. If they were skip tracers they would have asked for DD's info.

Again, assumes facts in evidence.  Process servers don't play skip tracer on the particular subpoena or document in their possession.  They would take the information that the party was no longer at the address, document that fact and return process to the party employing them.  New paperwork would then be prepared or, alternately, the information becomes part of the affidavit in support of the Motion for Alternate Service. 

 

This is seen on a somewhat regular basis in my building, most frequently with the three offices that do family and juvenile law.  However, it also arises in the office that does personal injury work.  The process server for all of them is frequently in the building when I get set to leave for the day...

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On 11/22/2020 at 6:17 AM, RehabbingANDBlabbing said:

Let me tell you: every lawsuit I have ever been served with did not come with any phone calls. The process server just shows up and knocks on the door. They want it that way so you only have a short time to fight a case and they can easily get a default judgment against people who do not know how to defend themselves. That's what the legitimate debt collectors do. And it usually comes after they have sent you letters in the mail for at least a couple of months, not completely out of the blue as a phone call.

 

I agree with a lot of what people have said: watch your court's website to see if anything gets filed. Otherwise, ignore these people. It's pretty telling that they will not give you the information necessary to dispute the debt or contact them. My favorite thing to do with these people is to tell them to stop calling because I don't pay money to any debt collectors as a matter of principle. That drives them nuts!

Process servers have no vested interest in the case.  Further, the time to file an Answer is driven by when service is perfected, NOT when the case is filed. 

 

Too many on this and other credit sites seem to be under the sorely mistaken delusion that the only people being sought for service are credit-related issues.  These are actually a very small percentage of their daily business in many of their offices...even a criminal case might have a half-dozen or more subpoenas...and those have to be re-served EVERY SINGLE TIME that a reset occurs.  

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@centex I've been both served and had to have another person served. Both civil cases. I was served in a custody dispute by a neighbor. The one I had served was a tenant I had to evict. You are quite right that process servers do lots of things besides debt related service and they also must have no interest in the case.  That said, debt collectors often suggest court/police/service kinds of things as an intimidation tactic. They are restricted in what they can say but going over the line is quite common in that biz. They may be legitimately trying to locate  debtor or they may just going for a quick score/payment.

 

The OP stated:

Quote

Called them again and they answered. I cut through the chase and said I have a reference # for them. They I.D. DD. I said she no longer resides here. They didn't ask me any personal info about DD or me. I then asked what is the name of their business. They said Alliance but refused to give out address or state they're located in.

That's not the behavior of a process service biz, but of a collector that knows they sometimes go over the line and don't want to suffer the consequences.

 

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9 hours ago, centex said:

Process servers have no vested interest in the case.  Further, the time to file an Answer is driven by when service is perfected, NOT when the case is filed. 

 

Too many on this and other credit sites seem to be under the sorely mistaken delusion that the only people being sought for service are credit-related issues.  These are actually a very small percentage of their daily business in many of their offices...even a criminal case might have a half-dozen or more subpoenas...and those have to be re-served EVERY SINGLE TIME that a reset occurs.  

I’m not sure how this relates to my post. I didn’t imply that the process servers care at all about the outcome of the case. Rather, the debt collectors filing these lawsuits prefer that you get served with no advance notice. The perfected service occurs, then you have your two weeks to file the answer. That is my point. They aren’t calling to let you know you’re being served with documents, which is something that these scam debt collectors frequently threaten or leave messages on your voicemail about. That should be a huge red flag for anyone getting these types of calls.

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16 hours ago, RehabbingANDBlabbing said:

I’m not sure how this relates to my post. I didn’t imply that the process servers care at all about the outcome of the case. Rather, the debt collectors filing these lawsuits prefer that you get served with no advance notice. The perfected service occurs, then you have your two weeks to file the answer. That is my point. They aren’t calling to let you know you’re being served with documents, which is something that these scam debt collectors frequently threaten or leave messages on your voicemail about. That should be a huge red flag for anyone getting these types of calls.

You overlook that MANY process servers DO try to set up a time to meet...it saves THEM time and it can ALSO save the person being served the embarrassment of being served at an inopportune time.  And in all my years, I have yet to hear of ANY attorney giving instructions to their process server to serve only in a manner that screws the person being served.  There ARE people who would prefer to be served at home instead of work and vice-versa and SOME who prefer not be to be embarrassed at home but aren't worried about being served at lunchtime during the work-day.  Process servers cover FAR more than debt claims.  But I guess the real-world reality of practice doesn't matter in your world...

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Kind of solved the problem for a day to rid myself from unwanted calls. My cell phone fell in the toilet. 🤢 FYI, I do not recommend this method. What a cluster!!

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2 hours ago, StarkRaven$ said:

Kind of solved the problem for a day to rid myself from unwanted calls. My cell phone fell in the toilet. 🤢 FYI, I do not recommend this method. What a cluster!!

I'm presuming you have tried (or are trying) the rice trick?  I have known some who swear by it.  I have no personal experience though...

 

On the bright side...if the rice doesn't work, you get a quiet holiday, at least from phone calls and texts ;)

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4 hours ago, StarkRaven$ said:

Kind of solved the problem for a day to rid myself from unwanted calls. My cell phone fell in the toilet. 🤢 FYI, I do not recommend this method. What a cluster!!

I considered that nuclear option for all the political calls and texts that never seemed to stop prior to the election.

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1 hour ago, CreditSucksNot said:

I considered that nuclear option for all the political calls and texts that never seemed to stop prior to the election.

That is basically what I posted on Nextdoor when someone posted a LARGE picture of a black tarantula. I said it is less scary than some of the political posts seen on there.

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4 hours ago, centex said:

I'm presuming you have tried (or are trying) the rice trick?  I have known some who swear by it.  I have no personal experience though...

 

On the bright side...if the rice doesn't work, you get a quiet holiday, at least from phone calls and texts ;)

The jury is still out. Cell phone is still in the ICU rice bowl.

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