• Report: #230729

Complaint Review: Apex Fiancial Managment

  • Submitted: Mon, January 15, 2007
  • Updated: Thu, January 18, 2007

  • Reported By:Kansas City Kansas
Apex Fiancial Managment
1120 Lake Cook Road Buffalo Grove, Illinois U.S.A.

Apex Fiancial Managment ripoff Extremely poor Customer Service Threats Buffalo Grove Illinois

*Consumer Suggestion: Bankruptcy attorney

*Author of original report: Apex Sucks

*Consumer Suggestion: Lewis

*Consumer Comment: Call his bluff

*Consumer Comment: Call his bluff

*Consumer Comment: Call his bluff

*Consumer Comment: Call his bluff

*Consumer Suggestion: Tell all of this to your bankruptcy attorney!

*Consumer Suggestion: Tell all of this to your bankruptcy attorney!

*Consumer Suggestion: Tell all of this to your bankruptcy attorney!

*Author of original report: Rip off Apex

*Consumer Suggestion: J, Thanx You For Clarifying

*Consumer Suggestion: Lewis

*Consumer Suggestion: Lewis Since You Are In Kansas

*Consumer Suggestion: Lewis: if you doing a bankruptcy, why are you trying payment opitions?

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I had a card that was charged off to Apex Financial company. THis invidiual has called my father many times after i told him to stop. I try working out several payment options with him and he wont work with me on anything saying " YOu have no more options in this" Tells me that if i dont commit to these payments there gonna charge me for fraud and get a default judgement against me. HE also insists on telling me that chapter 7 Bankrupcy wont get me out of the obligation because they said i did was a criminal act. He said I would be chraged with fraud, wont get a job anywhere, and costs me lots of more money cause of the attorney fees
I did retain a bankrupcy attorney, i gave the collecter my court record, and the names and phone numbers of my attorneys. He calls my dad again after telling him i dont live there anymore and tells me that everything i told my bankrupcy lawyer is complete lie accusing me of giving false attorney information.
I am seriously considering sueing the pants of this collection company guys please give me some info on what u think if i have legit grounds to sue

Lewis
Kansas City, Kansas
U.S.A.

This report was posted on Ripoff Report on 01/15/2007 07:19 PM and is a permanent record located here: http://www.ripoffreport.com/r/Apex-Fiancial-Managment/Buffalo-Grove-Illinois-60089/Apex-Fiancial-Managment-ripoff-Extremely-poor-Customer-Service-Threats-Buffalo-Grove-Illin-230729. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

Bankruptcy attorney

AUTHOR: Allen - (U.S.A.)

Lewis,

Why don't you talk to your bankruptcy attorney about this stuff? If you have already retained an attorney for your bankruptcy that attorney should be dealing with this stuff for you. One of the main points of bankruptcy is to stop the harassment from creditors.

Beware, some bankruptcy attorneys just want to take your money, file some papers, and not help you with anything else. However, if you are being harassed by a creditor that is included in your bankruptcy, your attorney has a legal obligation to act on your behalf, so be proactive and make them help you if they are less than willing to do so. Also, depending on the circumstances and the type of bankruptcy you filed, if this creditor was left out of the matrix, they can still be added (again only in certain circumstances) so ask your attorney about that.

If criminal attorneys are telling you not to worry I wouldn't worry about a felony. First, they would have to prove that you intended to defraud just to get the prosecuting attorney to bring charges. They can try but I seriously doubt a county attorney or prosecuting attorney would take time out of their busy schedules to prosecute on behalf of a creditor. Remember prosecuting attorneys are attorneys and they know that this is a tactic that creditors us to bully people like you into paying them and they usually don't like to take part in that type of tactic.

Threatening to take legal action that they legally cannot take is against the FDCPA. Also threatening criminal prosecution is also against the FDPCA. Finally, talking to your father (a 3rd party) is totally against the FDCPA. All of these things give you a standing to sue them for violations of the FDCPA. There are several egregious violations of the FDPCA here.

So, instead of asking us for advice (even though you can if you want to) you really should be asking you bankruptcy attorney to do one of two things:

1. Bring an adversary proceeding in the bankruptcy courts for violations of the stay as well as violations of the FDCPA; or
2. Help you find a consumer law attorney so you can sue Apex for all of those violations of the FDCPA.

Stop worrying and talk to your attorney.

Good Luck!
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#2 Author of original report

Apex Sucks

AUTHOR: Lewis - (U.S.A.)

I think this collector is in violation of several rules fo the FDCPA rules of collection which i belive he violated. I am now considering filing a major lawsuit against them for damages. I talked to several criminal Defense lawyers alot of them have said i dont know what they can charge you with. They also said sometimes they debt collectors there bark is bigger than there bite.

When i filled outt his credit application. I was not married at the time but was living with my soon to be wife and. I included my wife's income which is higher than mine even though i was the only one thats name was on the credit card. I really dont know if what i did is fraud or not but alot of defense lawyers have told me not to worry about it

I honestly dont know what to do. I dont wanan get slapped with a felony then i am really gonna have a hard time fiding any quality job anywhere. I dont understand the legal system when it comes to this side of the law someone give me a heads up is it fraud or no. ALso do u think this jerk was debt collecter violated the rules when he called my father telling me i gave him false attorney information. I also in kline to belive that a attorney would know alot more about the law than a idiot that sits in a cubicle collecting debts.
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#3 Consumer Suggestion

Lewis

AUTHOR: J - (U.S.A.)

To prove fraud, there has to be an intentional act.
At the time you filled out your credit app. If you put down you made more money, then you really made, that's fraud. if you made any false statements on you credit app. and these false statements are what was used to get you the credit that's fraud. getting the credit without any intent of paying back any money for goods or service that's fraud. there are other elements and each state law is a little different.

I'm not saying you did any of these, just pointing this out, to put your mind at ease.

This jerk is just trying to get you to say something that can be used later. If he can prove you committed, fraud he won't be talking to you. keep that in mind when he calls.

Have this attorney send this guy a letter' that he is to contact him, and if he has proof that you have committed a crimianl act, show it or shut up.

At the time you got the credit card, you may have been making more money and for what reason, your making less doesn't mean you committed fraud.

job change, not working at the same place anymore, laid off, took pay cut, ect. don't let this guy get to you
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#4 Consumer Comment

Call his bluff

AUTHOR: John - (U.S.A.)

And have him send you proof.
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#5 Consumer Comment

Call his bluff

AUTHOR: John - (U.S.A.)

And have him send you proof.
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#6 Consumer Comment

Call his bluff

AUTHOR: John - (U.S.A.)

And have him send you proof.
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#7 Consumer Comment

Call his bluff

AUTHOR: John - (U.S.A.)

And have him send you proof.
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#8 Consumer Suggestion

Tell all of this to your bankruptcy attorney!

AUTHOR: Allen - (U.S.A.)

If you have an attorney on retainer for your bankruptcy you need to tell them of these conversations right away! There are things they can do to help you and it's their job to make sure that you aren't still being harassed by creditors. Have you actually filed bankruptcy yet or are you just in the credit counseling phase? If you have already filed then for sure what these people are doing is a violation of the automatic stay. Either way your attorney should be handling this situation for you.

One call or letter from your attorney will stop all of this crap for good; I'm sure the last thing this creditor wants is to have their standing affected by an adversary proceeding in bankruptcy court. Also it is against the FDCPA to threaten criminal action arising from a debt. Whether what you did or didn't do is criminal is not up to the collection agency it is up to the prosecuting attorney in your area and in order for them to prosecute you. Furthermore, the original creditor would have to make a criminal complaint which I'm sure they will never do.

I don't know your situation but just in case anything you did or didn't do could actually affect your bankruptcy, and I doubt it, you should discuss all of this with your attorney right away!
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#9 Consumer Suggestion

Tell all of this to your bankruptcy attorney!

AUTHOR: Allen - (U.S.A.)

If you have an attorney on retainer for your bankruptcy you need to tell them of these conversations right away! There are things they can do to help you and it's their job to make sure that you aren't still being harassed by creditors. Have you actually filed bankruptcy yet or are you just in the credit counseling phase? If you have already filed then for sure what these people are doing is a violation of the automatic stay. Either way your attorney should be handling this situation for you.

One call or letter from your attorney will stop all of this crap for good; I'm sure the last thing this creditor wants is to have their standing affected by an adversary proceeding in bankruptcy court. Also it is against the FDCPA to threaten criminal action arising from a debt. Whether what you did or didn't do is criminal is not up to the collection agency it is up to the prosecuting attorney in your area and in order for them to prosecute you. Furthermore, the original creditor would have to make a criminal complaint which I'm sure they will never do.

I don't know your situation but just in case anything you did or didn't do could actually affect your bankruptcy, and I doubt it, you should discuss all of this with your attorney right away!
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#10 Consumer Suggestion

Tell all of this to your bankruptcy attorney!

AUTHOR: Allen - (U.S.A.)

If you have an attorney on retainer for your bankruptcy you need to tell them of these conversations right away! There are things they can do to help you and it's their job to make sure that you aren't still being harassed by creditors. Have you actually filed bankruptcy yet or are you just in the credit counseling phase? If you have already filed then for sure what these people are doing is a violation of the automatic stay. Either way your attorney should be handling this situation for you.

One call or letter from your attorney will stop all of this crap for good; I'm sure the last thing this creditor wants is to have their standing affected by an adversary proceeding in bankruptcy court. Also it is against the FDCPA to threaten criminal action arising from a debt. Whether what you did or didn't do is criminal is not up to the collection agency it is up to the prosecuting attorney in your area and in order for them to prosecute you. Furthermore, the original creditor would have to make a criminal complaint which I'm sure they will never do.

I don't know your situation but just in case anything you did or didn't do could actually affect your bankruptcy, and I doubt it, you should discuss all of this with your attorney right away!
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#11 Author of original report

Rip off Apex

AUTHOR: Lewis - (U.S.A.)

i wrote this in hurry so let me clarify

THe collector called me wanting to work out payment options which all of them were nothing that i could afford. He then tells me not to even think about filing for chapter 7 bankrupcy cause he says that i lied on my credit card application saying i make more than i do so that there fore commited the fraud he was talking about. He said lewis this is a criminal act you cannot bankrupt out of criminal acts. He goes on to say that i will be hit with a felony, cannot get a job anywhere, and even after i put a retainer down on my attorney gave him the information and the attorney name still called me a liar for giving false lawyer information


p,s he called today again and told me good luck to bad your bankrupcy lawyer dosent know you commited fraud.
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#12 Consumer Suggestion

J, Thanx You For Clarifying

AUTHOR: S.n. - (U.S.A.)

taped phone conversations in Kansas. I too am concerned as to why Lewis would want to set up payment arrangements if he has declared bankruptcy. I suggest your attorney write the collection agency a letter advising them of the law. You should also send them a letter, certified mail, return receipt requested, advising them that you are not to be contacted again regarding this debt. Your father may wish to do the same thing. Do NOT put your signature on the letter, type it or print it. Don't give them anything they do not have.
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#13 Consumer Suggestion

Lewis

AUTHOR: J - (U.S.A.)

Kansas, is a one party consent law state as to tapeing a phone call.

as long as you are a party to that call you can record without telling these collectors.
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#14 Consumer Suggestion

Lewis Since You Are In Kansas

AUTHOR: S.n. - (U.S.A.)

it is legal for you to record telephone conversations when someone calls you -- or your father. Get yourself a phone recorder and let them know you are recording (or don't and call them back and give them a replay). Good luck.
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#15 Consumer Suggestion

Lewis: if you doing a bankruptcy, why are you trying payment opitions?

AUTHOR: J - (U.S.A.)

Fraud:is deliberately deceiving another in order to damage them. Usually to obtain property or service from him or her unjustly, also called theft by decertion or larcency by trick.

Bankruptcy fraud is a federal crime, and if you have an attorney, he would be in a better position to tell you.

your attorney should contact this collection agency. Just because you defaulted on a loan or credit card doesn't make it fraud.

This collector, sounds like a jerk and is just trying to get you to commit to this debt. and it pisses him off that he's not getting any money on it.

They need to prove you did a criminal act, the standards are higher, then in civil court.

Yes, you can sue them, but you must be able to prove it. First your attorney needs to contact them or you sent a letter (RRR) with your attorney's information and tell them to contact him or her. Just make sure this debt is included in your bankruptcy.

Unless you or your attorney MAILS a letter (RRR), telling this jerk on the phone never happen. If you going bankruptcy, why are you wanting any payment options?

Who is the original creditor? What the date the OC charged it off or default? None of this or payments options should matter if your doing a bankruptcy.
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