Aca Recovery STATED THAT THEY WERE LAWYERS AND NOT A COLLECTION AGENCY RIDGEWOOD New Jersey

Denise,

This is EXACTLY why you NEVER speak to ANY third party debt collector on the phone!! NEVER!!

Speaking to a third party debt collector will NEVER produce positive results for you.

As you have already found out.

Just send the CEASE COMMUNICATIONS request as previously suggested by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.

Now, when they violate your legal request, and they will, you sue them under the provisions of the FDCPA. Step up to the window and collect your thousand bucks.

Don't get mad, GET PAID!!

First of all, you need to get a recording of this lady saying "We are lawyers." It is a second or third degree felony to practice law ( including identifying yourself as a lawyer) in Texas and the Teaxs Bar Association would love to hear this! You can google their site and even see if any of these folks are attorneys. IF THEY AREN'T --LET THE FUN BEGIN --AND IT WILL!

Also, in Texas you CAN record a phone conveRsation that WILL hold up in court IF one of the parties knows about and that party will be YOU!

Did you get her caller ID telephone number when she called? Try calling it back from another phone and see if someone really does answer "Law office" and it is a quiet professional environment or you can hear many voices in the typical collection agency broiler room situation.

SHE CAN NOT GET A WARRANT ON YOU IF YOU DON'T PAY.That comes out of the District or justice of the peace court depending on the amount and it would cost that much just to file the legal paperwork with the court clerK.!

You need to check with one of the Montgomerhy County constable's offices if you live in Conroe periodically to see if you do have a warrant out for your arrest which I personally doubt. Constables cost money to deliver the process to you and so do private process servers.
The B**** who threatened you with jail will be in so much trouble of you can PROVE she said she was a lawyer and she wasn't--she might want to fprget about harrassing you.

Before you pay anything, try to cut a deal with the guy to whom you really owe the money not the freaking collection agency for goodness sakes...

Run a reverse number on the number taht she left on your caller ID. If she was a collection agency instead of a real lawyer's office, there probably wont' be one.

Wait until you get something on paper. TALK IS CHEAP!

thank you guys for the info, i am just tired of working so hard to take care of 4 kids only to be dogged out as though i am nothing. My 3yr old son had a major liver surgery at a tune of almost 200,000 dollars. Tell me how do you pay that. I am glad that there are other people that know what i am going through. thanks!!!

These people DO NOT have any power over you. DO NOT given them your checking account number or pay them one penny via Western Union...

They are trying to scare you with bogus threats into paying them....They are engaging in blatant violations of the Fair Debt Collections Practices Act....They cannot have you arrested...neither can they take your firstborn child...but they WANT you to believe this...Don't fall for it.

Send them a letter via Resisted Mail + Return receipt simply stating:
Per the Fair Debt Collection Practices Act I want this alleged debt validated in writing.

Turn them in to the New Jersey Bar. If they are really attorneys, Which I highly doubt, th name should have been on the correspondence. If not, the NJ Bar would love that bit of information of bottom feeders impersonating lawyers. Also, if you really do owe the money, it would probably be easier dealking with the oiriginal creditor and not sleazy bottom feeders.

Some clarifiactions/corrections of Robert's report:

"any company attempting to collect a debt is considered a Collection Agency. It does not matter if they are a lawyer or not."

Not necessarily. Original creditors are not considered collection agencies, nor are attorneys whose practices are not substantially based in debt collections.

"If this is a debt you know you owe then send an offer of settlement to them."

That advice isn't too bad. I prefer, however, to force the collection agency to make the "opening bid." This way you ensure that your settlement offer isn't higher than what they would originally offer.

"If you dispute the debt the first thing you need to do is send them a debt validation letter."

Correct. However, you only have 30 days after the first written notice to make such a request. After that 30 days, the collection agency is not required to validate the debt. HOWEVER - you can DISPUTE the debt at any time. If you dispute the debt, the collection agency is required to report to any credit reporting agency that the debt is disputed, and is also requred to ensure that they have, at least, a reasonable basis for asserting that you owe the debt.

"In which they must provide proof that the debt is in fact yours, they have a right to collect the debt and the amount is valid."

This is basically correct, but don't take the term "proof" too seriously. They don't actually have to "prove" anything. They only have to show that there is a reasonable basis to believe that the debt exists and that you owe it.

"Do not sign any letter you send only type your name."

There is no point to this. Sign the letter. Merely typing your name will only delay matters. Your typed name is as good as your signature per the law, but the collection agencies can contend that a request without a signature is not "verified" and therefore not binding.

"If after they receive the letter and they contact you by phone they have violated the FDCPA. "

Not quite correct. After a C&D letter, collectors are allowed one more written communication in which they can spell out their future intentions.

"If they threaten you with actions they can not(or have no intention of taking) those are additional violations. In these cases you could go after them for damages(up to $1000 per violation)."

ABSOLUTELY wrong. Well, not quite "absolutely," but not entirely correct. This is another one of those lessons that I learned the hard way. Statutory damages are limted to $1000 per COLLECTOR, not per VIOLATION. However, in lieu of statutory damages, you are entitled to "actual damages" (which are virtually impossible to prove). Either way, if you succeed in an FDCPA suit, you are entitled to attorney's fees and costs, which is why I will take on a complex FDCPA suit even if the damages are likely to be $1000 or less - I know my client will walk away with something, and I know that I will get paid.

First of all any company attempting to collect a debt is considered a Collection Agency. It does not matter if they are a lawyer or not. As such they are required to follow the Fair Debt Collection Practices Act(FDCPA).

So the first thing you need to do is don't talk to them on the phone, and all communications must be by Certified Mail.

If this is a debt you know you owe then send an offer of settlement to them. In the letter state the amount you are going to pay, the amount of each payment and that it will be by Money Order (Western Union if you decide to, but they charge you for this service). Basically any payment that gives you a record of payment and does not give them access to ANY of your accounts is okay. Only when you get a letter from them in writing do you send any money.

If you dispute the debt the first thing you need to do is send them a debt validation letter. In which they must provide proof that the debt is in fact yours, they have a right to collect the debt and the amount is valid.

In either letter be sure to add that they are to not contact you or anybody else about this account by phone. Do not sign any letter you send only type your name. Be sure that it is sent certified mail with return receipt. If after they receive the letter and they contact you by phone they have violated the FDCPA. If they threaten you with actions they can not(or have no intention of taking) those are additional violations. In these cases you could go after them for damages(up to $1000 per violation).