Schreiber & Associates, P.C.
65 Flagship Drive
North Andover Massachusetts 01845
U.S.A.
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Schreiber & Associates threat with arrest if no pay, filing unauthorized check - resulting an heavily overdraw of my account North Andover Massachusetts
2Author
2Consumer
2Employee/Owner
about mid February my wife was called by Michael Richards - legal assistant for Schreiber & Associates -and he threatened her if she doesn't immediately pay off her debt with his company that a warrant for arrest will be issued and the Sheriff will come within 72 hours to arrest her.
My wife made him aware of the fact that we were in the middle of a move and everything was in boxes so she could not even access the data he provided to make sure it was correct. He expressed that he doesn't care about that she needs to pay right now. He explained to her that her former credit card account was being bought by Schreiber & Associates and that she is way behind payments and he used a lot of legalese so we couldn't really understand what he said. In fact I didn't hear all of the conversation, I just came in when he threatened her with arrest.
My wife was very upset and hung up on him telling him that she would get back to him. I asked her what that was all about and she explained. I asked her for the phone number and called up Michael to querry what he said. And he repeated himself telling me that the debt needs to be paid immediately. He asked me how much money I have right now and I told him $5.00. He said I was kidding which I was not. That was about the 25. February. He asked me how much could I pay by Friday and I said $100 and he said make it $200 and then we will take off the charges and she will not get arrested. He wanted me to do this with a check over the phone which I did. With my account.
I also explained to him that the debt was not created by me but by her former marriage. But he was not interested in any of that. Anyway I gave him my account information and the $200 were taken off my account. Two weeks later I found out that his dealing with us were criminal and I filed a report with the Federal Trades Comission. Michael also said he would get back to me after the first check went through to figure out how we would precede from there. He never has!!! In fact I just found out on the 12th of April through a notification of my bank that my account was overdrawn for $265.00 and upon further investigation I discovered a check written with the #9002.
Although my current check book # is at 403 and this in 5 years having this account! This company just wrote a check to themselves without any permission and now my account is down to -$360 or even more and I cannot use my account at all. This is treasonous.
Ingo
L.A., California
U.S.A.
Click Here to read other Ripoff Reports on Schreiber Associates
REBUTTALS & REPLIES:
2Author
2Consumer
2Employee/Owner
Updates & Rebuttals
#1 Consumer Comment
AUTHOR: Sherri - Piedmont (U.S.A.)
SUBMITTED: Monday, April 19, 2004
POSTED: Tuesday, April 20, 2004
When this company threatened your wife with arrest and a visit from the sheriff, this was a clear violation of the Fair Debt Collection Act. They do not have the authority to swear out a criminal warrant on a civil matter. I suggest that you copy your Rip-Off Report, take it to your bank and talk to your branch manager. They CAN do a chargeback on the check since there was fraud involved. The bank may tell you "no", but be persistent.
#2 Employee
AUTHOR: Keith - North Andover (U.S.A.)
SUBMITTED: Monday, May 03, 2004
POSTED: Monday, May 03, 2004
I am an employee representative of this law firm that was incorrectly and unfairly reported as having violated several laws.
An investigation of the alleged 'incident' has revealed that the complainant desired to make a payment from his account, provided all of the necessary information on his own volition, and the payment was withdrawn in full compliance with his instructions.
Therefore, the complainant's allegations of mistreatment and improper activities are wholly refuted.
#3 Consumer Comment
AUTHOR: Sherri - Piedmont (U.S.A.)
SUBMITTED: Tuesday, May 04, 2004
POSTED: Tuesday, May 04, 2004
It IS illegal to threaten someone with criminal action when you have no intention of, and/or legal authority to do so. He gave you the account number because HIS WIFE WAS THREATENED WITH ARREST. Please, explain to us just how this is "compliant"? I'm all ears....
#4 Update By Author
AUTHOR: Ingo - Los Angeles (U.S.A.)
SUBMITTED: Thursday, May 06, 2004
POSTED: Friday, May 07, 2004
To be more specific: upon threat of arrest of my wife (under duress), I gave my account information to Mr. Richards with the check #402. That money was taken out and authorized upon threat. Around 1 month later that company took out another $200 with check #9002 which definitely was not authorized. And despite having informed them about the fact that this is bank fraud I was sent an additional letter by mail informing me that they intend to take out an additional $200 out of my account.
Here is the thing. I NEVER created the debt in the first place, neither was I involved in creating it, in fact I -Ingo- am debtfree! So that is clear robbery.
#5 Employee
AUTHOR: Keith - North Andover (U.S.A.)
SUBMITTED: Monday, May 10, 2004
POSTED: Monday, May 10, 2004
Yes, I agree that an improper threat of arrest, if made, is not a compliant act. However, absent any proof that such a statement was made, especially considering the level of telephone monitoring and recording done in our office, the complaint lacks validation.
Lastly, it is not a crime to willingly make a payment to someone else's account. If it were many husbands, wives, fathers, mothers, etc. would be incarcerated.
This case appears to be one of "Payer's Remorse" and is common in the debt collection industry when one person involved in a relationship voluntarily makes a payment on another's account at that person's request, but later regrets having done so if the relationship later changes.
