Debt collector - Trying to pull a fast one with fake court documents?
Date: Fri, 01/08/2010 - 12:56
Debt collector - Trying to pull a fast one with fake court documents?
Hello. I apologize for the length of this post but I feel it's important to give background.
Last year I started receiving letters and phone calls from a debt collector (Messerli & Kramer) for a Providian Credit Card bill with a last pay date listed in 2004. I asked for validation of this debt and was sent a letter with an account number, an amount owed (without giving away too much detail to protect anonymity, just a hair over 2K) and the date of last payment. They also claimed to have attached an account agreement however, all I received was a very roughly photocopied set of standard terms and conditions from 2002 - no name, no account number, no signature, nothing verifying that this came from a file belonging to me, just papers that could have realistically been photocopied from anyone random person's Providian account paperwork. They also attached what appears to be a printing proof with cut marks (the name of the electronic file done in Quark XPress is actually in the upper left corner!) and addressed to a "Sample A. Sample" at "123 Main Street" in "Anytown, ST" with an account number of "XXXX". This letter went on in detail about how Providian was now Washington Mutual. I'm not sure if I was supposed to believe that this letter was a letter from my file but I honestly had to laugh it was so absurd.
The very next day, I received a default judgment summons with no court file no. I answered within the 20 day time frame, pointing out that this debt collector had provided absolutely zero proof that this debt was mine. I did not file the paperwork with the court yet. I was told by an attorney I consulted that I didn't need to do that unless I wanted to initiate action. Both then and now, I didn't really have the money needed to go to court for trial, so I was attempting to do this on my own. Fortunately, my actions stopped a default judgment from being entered and I didn't hear a word from them again. Until yesterday, almost a full year later.
This time, they sent me paperwork entitled "Plaintiff's First Set of Interlocking Discovery". Apparently they are requesting answers to written interrogatories. The same account terms and printing proof was attached. Yet, there still is no court file number listed and no case has been filed in my county (I called to check). They did attach a letter encouraging me to call and settle to reduce costs of litigation, of course. Even though no litigation has actually proceeded and I believe the correct term is interlocutory? (I couldn't even find the terminology they used anywhere doing research online) I honestly think they are trying to scare me into paying them with threat of a lawsuit. I have no intention of paying a bill collector that provides printing proofs to fake personas as proof of a debt owed. My question is, should I be contacting an attorney about a possible FDCPA violation? Something really isn't adding up here. Thank you for any advice you can provide.
Last year I started receiving letters and phone calls from a debt collector (Messerli & Kramer) for a Providian Credit Card bill with a last pay date listed in 2004. I asked for validation of this debt and was sent a letter with an account number, an amount owed (without giving away too much detail to protect anonymity, just a hair over 2K) and the date of last payment. They also claimed to have attached an account agreement however, all I received was a very roughly photocopied set of standard terms and conditions from 2002 - no name, no account number, no signature, nothing verifying that this came from a file belonging to me, just papers that could have realistically been photocopied from anyone random person's Providian account paperwork. They also attached what appears to be a printing proof with cut marks (the name of the electronic file done in Quark XPress is actually in the upper left corner!) and addressed to a "Sample A. Sample" at "123 Main Street" in "Anytown, ST" with an account number of "XXXX". This letter went on in detail about how Providian was now Washington Mutual. I'm not sure if I was supposed to believe that this letter was a letter from my file but I honestly had to laugh it was so absurd.
The very next day, I received a default judgment summons with no court file no. I answered within the 20 day time frame, pointing out that this debt collector had provided absolutely zero proof that this debt was mine. I did not file the paperwork with the court yet. I was told by an attorney I consulted that I didn't need to do that unless I wanted to initiate action. Both then and now, I didn't really have the money needed to go to court for trial, so I was attempting to do this on my own. Fortunately, my actions stopped a default judgment from being entered and I didn't hear a word from them again. Until yesterday, almost a full year later.
This time, they sent me paperwork entitled "Plaintiff's First Set of Interlocking Discovery". Apparently they are requesting answers to written interrogatories. The same account terms and printing proof was attached. Yet, there still is no court file number listed and no case has been filed in my county (I called to check). They did attach a letter encouraging me to call and settle to reduce costs of litigation, of course. Even though no litigation has actually proceeded and I believe the correct term is interlocutory? (I couldn't even find the terminology they used anywhere doing research online) I honestly think they are trying to scare me into paying them with threat of a lawsuit. I have no intention of paying a bill collector that provides printing proofs to fake personas as proof of a debt owed. My question is, should I be contacting an attorney about a possible FDCPA violation? Something really isn't adding up here. Thank you for any advice you can provide.
You can check the following old thread. It has a discussion on a
You can check the following old thread. It has a discussion on a similar situation.
http://www.debtconsolidationcare.com/collection-agencies/discovery-filenumber.html
