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Report: #824560

Complaint Review: AM Associates - Irvine California

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  • Reported By: Collector 7 — United States of America
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  • AM Associates 3972 Barranca Pkwy Ste # J255 Irvine, California United States of America

AM Associates AMA Unfair Debt Collections Irvine, California

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I got a call from a guy on a restricted number that showed up at my old place of business that attempted to serve me to court, an old coworker gave him my new cell phone number, after telling him I dont work there anymore and I dont live at my old home address he had on file he gave me a number to call. I called and spoke with a Gentleman named Greg Hill (of thats his real name), who claimed that I owe them for a debt from US Bank for over $1800 from an account that was open years ago. Greg told me that they were serving me to appear in court and I will be responsible for all court fees, given the fact that I'm about to leave for the Military and if they are awarded a judgment Greg told me I would be in violation of section 15 of the Military Code of Uniform Justice, and would be demoted in rank once in service or not allowed to join at all, and advised me to talk to my recruiter. After Greg "spoke with his Manager" and agreeing to settle at 50% off he told me not to worry about the issue if it is resolved right away, and proceeded to ask for my debit card number, then told me to hold for a moment while he took another call. When he picked back up I told him I need to talk to my Lawyer, and I would call him back, and he agreed to email me my settlement letter.

I called back and asked for his title which he said was an Administrative person, and just send out letters (Sketchy), but in this case would be settling payments. Also he told me the name of firm he works for and I couldnt find any information online about them (any reputable firm has a website to at least take online payments.) Since I work for a Collections Agency myself I know a thing or two about the legality of Debt Collections, and noted all of the violations that took place. He didnt inform me that he was attempting to collect a debt, he told me he needed permission from his manager to do the 50% off settlement but his email sent to me stated his title as Manager, if the call was being recorded he didnt inform me of this and would not be able to use the recording in court, this also was the first I've heard from the Debt Collector and if they respond to me with a validation request with a summons to appear in court. There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case Spears vs. Brennan.  So my Attorney decided I should dispute the charges and request itemized verification which I sent certified mail. Once received by AM Associates they legally have to provide you with the following:

    What the money you say I owe is for;
    Explain and show me how you calculated what you say I owe;
    Provide me with copies of any papers that show I agreed to pay what you say I owe;
    Provide a verification or copy of any judgment if applicable;
    Identify the original creditor;
    Prove the Statute of Limitations has not expired on this account;
    Show me that you are licensed to collect debt in the your State; and
    Provide me with your license numbers and Registered Agent.

As soon as they receive the notice they must notify the credit bureaus that the stated charges are in dispute and if they dont return all of this information to you within 30 days of receipt they legally have to remove all negative charges from your credit report, and during such time all collection activity must cease and desist. If they dont sue them!!

Just talk to any debt collections attorney and they will take care of a good letter for you, and take over all communication with the Collections Agency on your behalf, and if they attempt to contact you in any way they can be sued. Like I said I work for a collections agency, we get sued all the time and lose all the time too, most debt collections attorneys work on a contingency basis since they win 97% of the time.

Im in a battle with these guys right now and I wish all of you the best of luck, and just know this is not a reputable Collections firm fight them at all costs.

This report was posted on Ripoff Report on 01/18/2012 11:47 AM and is a permanent record located here: https://www.ripoffreport.com/reports/am-associates/irvine-california-92606/am-associates-ama-unfair-debt-collections-irvine-california-824560. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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