Need Advice Quickly

[moondawg]

Received a call this evening and they left a message stating "I'm calling in regards to your ssn being red flagged for possible fraud.  I am ? to call back prior to paperwork being forwarded to your jurisdiction.  If you have any questions or concerns contact the party that is filing against you at 877-664-9642."  

I called the number and spoke with a lady named Lisa.  I asked her what company she was with and she said "Western Acquisitions, we're a law firm hired by United Merchant to file regarding a Lowes account."  She did verify my name and last 4 of ssn before telling me this.  I never acknowledged the debt was mine but told her I would need to check my records.  I asked her to send me some information on this in writing.  She asked if she could get my mailing address and I hesitated.  She then read the address she had on file which was incorrect.  She said she could have her secretary email it to me.  She said account was opened 1/2006 and date of last payment was 11/11/2009.  She said original debt was $412.92, additional interest brings balance to $1309.09 but she has been authorized to settle if we can for $601.20.  

I live in TX.  Aren't they past the SOL?  What step do I take next?  Never got the email.  She said she is granting me a 24 hour stay.  She also said she is a paralegal licensed in TX and NY.

Should I remind her the SOL has passed based on the information she has provided?

[Thechallange]

I have received these types of calls/email and in my case they were scams, they usually threaten to have the sheriffs dept haul you to jail, arrest you at work, your local municipality does not arrest you for such "crimes" if you did owe you would remember getting a bill, collections, calls and so forth, why is that you only receive a call when the bill has skyrocked 4X. If you owe loews or their financier call them directly and get fowarded to whom ever is handling your account. 

[moondawg]

Also, this is not showing up on any of my reports.  Should I just try to settle with them?

[down_n_out]

I wouldn't do anything with out a debt validaiton, but I believe Texas is 4 years for SOL.

[moondawg]

How do I find out if this company is legit?  Read a few things on the internet and not so sure now.  Checked TX and NY SOS and BBB.  No listing found.  Especially worried as I was part of the Target hacking.

[Vegas247]

All you need to do is tell them to put you on their do not call list. Don't give them an email address or your address. 

[notfancy]

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@moondawg wrote:

Received a call this evening and they left a message stating "I'm calling in regards to your ssn being red flagged for possible fraud.  I am ? to call back prior to paperwork being forwarded to your jurisdiction.  If you have any questions or concerns contact the party that is filing against you at 877-664-9642."  

I called the number and spoke with a lady named Lisa.  I asked her what company she was with and she said "Western Acquisitions, we're a law firm hired by United Merchant to file regarding a Lowes account."  She did verify my name and last 4 of ssn before telling me this.  I never acknowledged the debt, although it probably was mine but told her I would need to check my records.  I asked her to send me some information on this in writing.  She asked if she could get my mailing address and I hesitated.  She then read the address she had on file which was incorrect.  She said she could have her secretary email it to me.  She said account was opened 1/2006 and date of last payment was 11/11/2009.  She said original debt was $412.92, additional interest brings balance to $1309.09 but she has been authorized to settle if we can for $601.20.  

I live in TX.  Aren't they past the SOL?  What step do I take next?  Never got the email.  She said she is granting me a 24 hour stay.  She also said she is a paralegal licensed in TX and NY.

Should I remind her the SOL has passed based on the information she has provided?

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There is special language you can use for a debt validation in Tx I think. Your state is pretty consumer friendly. I think they need to be bonded? (or something) in your state before they can try to collect... I'd search this forum a bit about Texas debt codes.

[moondawg]

I did locate a Western Acquisitions LLC in Lakewood, CO that is a collection agency.  I am assuming it is the same place, but not positive as there is also a website for a Western Acquisitions Group in NY.  Since they gave me a 1-877 number, I'm not sure how I can track where that number originates to.  Any how, if I were to let this ride and they did send a summons, would I just answer the summons stating that I deny the claim due to it is past the SOL or would I actually have to appear in court?

[guiness56]

If you answer the summons as expired SOL, you would probably still need to go to court.  Only a judge can determine if the SOL has expired.

[shadetree]

Your statement isn't correct.  I work with an FDCPA attorney and can tell you most judges don't have a clue about SOL expirations.  A lot of professionals can determine whether or not the SOL has expired, not "only" judges.

I can also state that I am currently researching this company.  They are located in New York.  One of our clients received a similar call, and I can assure you that his call was a scam.