I received a letter in the mail on February 23, 2006 stating that Love, Beal and Nixon were suing on behalf of a collection agency in the amount of $3,649.28.
I called and left a message on the same day I recieved the letter. The number was to a collection agency not attorneys. I left a message to call me back. On February 23, 2006 a representative called me back. The representative said they had filed a lawsuit and the amount owed was now $4,377.67.
I originally agreed to pay and I was told they would stop the person from serving me papers of this supposed lawsuit. After doing some research and thinking I stopped payment on a check.
I called back to talk to the representative and I questioned why the amount went up so much. I then told her I would not pay until I received a detailed statement showing proof that a lawsuit had been filed. The representative became agitated and told me they would just serve me the papers.
I sent a certified letter the next day detailing the phone conversation. I also put in the letter that I wanted a detailed statement as well as proof that they had the legal right to collect. I also wanted a copy of the lawsuit.
I had not heard anything from them until April 18, 2006. They sent me a similar letter with the balance now of $4,397.67. They added the original creditor and account number.
After looking up the collection laws I found they were in violation of 807 False or misleading representations sec 2A character, amount, or legal status of any debt.
If the company had filed a lawsuit at the time they said they had I would have already been served papers. Clearly they tacked on the legal fees before a suit had been filed.
My next plan of action is to send a second certified letter requesting a copy of this supposed lawsuit they filed in Feb. and a statement of their violation of collection laws.
Does anyone know who we can contact to report them and does anyone have advice on what to do?