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Civil Complaint!!


Vettecor
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Got a call today from a business who claims they are a law office, K&N Associates. Said they are representing a credit card company to collect an unpaid credit card from 2016. They called it a civil complaint. I did have a credit card back in 2005 that I couldn't pay due to medical expenses and death in the family. I NEVER received anything from them after 2007. This company says I owe $1400.00 but all they can tell me is the name of the credit card. They do have my SS#, address and phone number. They said I can do payments in the amount of $117,00 for 12 months if I can't pay the entire amount now. If I don't set up payments or pay the entire amount today it will go to court and it will cost me $4000.00. I said to them why haven't you sent me something in the mail regarding this and they claim they did. Never received anything from the them. They want me to give them a credit card today to take out $117.00 each month. What do you guys think about this? My wife is very ill and this is the last thing we need.  Thanks

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22 minutes ago, Vettecor said:

Florida

 

I'm not familiar enough with FL. Hopefully someone else will chime in.

 

This could be a bottom feeder debt collector, hoping to collect on debt that they can't sue for. Some will threaten court in an effort to scare you.

 

 

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I  just called them and told them the SOL in Florida is 5 years and was told no its not that they will go after my Social Security and bank account and take my personal property to collect $1400.00. Also said they are going to ruin my credit. 

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1 hour ago, Vettecor said:

Thanks Vig for you help. I couldn't believe how nasty she was.

 

1 hour ago, Vettecor said:

I  just called them and told them the SOL in Florida is 5 years and was told no its not that they will go after my Social Security and bank account and take my personal property to collect $1400.00. Also said they are going to ruin my credit. 

 

It's sounds like a scam.

 

Ten years later past SOL for me in NC, and I still once or twice a year will get calls pretty much like yours. I never verify anything with them, not even the last four of my SS#. They threaten court, and I always encourage them to go ahead and try. I'm still waiting to be served all these years later. The attitude is nasty at times, when they quickly figure out I'm not gonna go into panic mode.

 

And not once has any of these turds ever sent anything in the mail. With one exception, I did get a fake 1099 about two or three years ago. 

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A couple of things...if you have contact information for them, then google and send a tailored dispute.  There is a cognizable argument that you could wait for their written communication since they have made contact with you, but why wait when you can be proactive...

 

Keep an eye on local dockets.  One can never rule out a judgment lurking from years past, especially with the life they have in most jurisdictions.  Debt and judgments for debt are an asset class, just like oil and other items, and are bought and sold on a daily basis.  It is not uncommon for people dealing with life's curve balls to have a default sneak up on them...

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1 hour ago, Vettecor said:

I  just called them and told them the SOL in Florida is 5 years and was told no its not that they will go after my Social Security and bank account and take my personal property to collect $1400.00. Also said they are going to ruin my credit. 

 

But they haven't threatened your turtle yet?  (old joke ...)

 

Everything I see suggests the SOL in FL on an open ended credit card debt is 4 years.  Oh, and Social Security benefit payments are exempt from garnishment. 

 

Given the bogus verbal statements made by this collector, I believe it's safe to say that there's nothing credible and it's safe to ignore there efforts to contact you until such time as they should actual notify you of a suit.

 

In the interim, review this FTC FAQ, making note of how to report a collector who may be engaging in abusive practices:

 

https://www.consumer.ftc.gov/articles/debt-collection-faqs

 

I'll note that the suggestion of reporting the matter to your State AG can be particularly effective.  It's been several years ago, but when dealing with a collector who sought a debt from me that was problematic in several respects, I entered an informal query with my State AG (PA) by phone and had a 15 min conversation about it. 

 

I thought I was just coming away from info, but within a week of making that call, the collector retracted its entry to my credit report and I never hear a word from them afterwords.

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Thanks everybody for you help. I hope I NEVER hear from these people again. Just hope they don't report this to the credit bureaus. I found some records and found out that the credit card was last used in 2004.

 

Thanks again

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53 minutes ago, Vettecor said:

Thanks everybody for you help. I hope I NEVER hear from these people again. Just hope they don't report this to the credit bureaus. I found some records and found out that the credit card was last used in 2004.

 

Thanks again

it sounds like this debt is way too old to report. These scumbags just call to scare consumers who don't know about SOL and FCRA reporting into paying something.

 

cheers!

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15 hours ago, Vettecor said:

Thanks everybody for you help. I hope I NEVER hear from these people again. Just hope they don't report this to the credit bureaus. I found some records and found out that the credit card was last used in 2004.

 

 

Again, you NEED to review dockets.  Judgments from a defaulted debt in that era could very well STILL be alive and kicking. 

 

Further, last use is not the date attached for charge-off purposes.  There are MANY who made minimum payments long after they quit using a card.  There may probably STILL be people paying on cards that were last used in 2004...and still current on the payments. 

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I  just called them and told them the SOL in Florida is 5 years and was told no its not that they will go after my Social Security and bank account and take my personal property to collect $1400.00. Also said they are going to ruin my credit. 

It sounds like a scam or, if not, it could well be your lucky day!

First of all, it certainly seems like the SOL is kaput on this debt. Second, Social Security is immune as long as you don't keep more than two months of Social Security payments accumulate in your account. You can likely very safely tell the CA to FOAD.

But first collect your bonus!!! I had a couple of CAs try this stunt with me not too long ago. They were trying to tell me I owed a ton of money on a few credit cards opened up 4 years before I was born. When I tried to reason with them, they became obnoxious and threatening. So here on CB someone recommended an attorney and I contacted him. I gave him the details and he told me to sit tight. A couple of months later I got $2,400. His name is Mike Agruss.


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