Threat of Suit - Need Help

[mintons]

Hi there, the challenge is that she will not give me either her "the filing company" or the collector "Coldwater" address, and i cant find any info on either on the internet.

So are "filing" companies really a thing?

[hpotterfan77]

COMPLETE SCAM!!! Nobody EVER calls you to tell you they are serving you papers...lol  No one will show up to your house to arrest you either.  I've had a number of these calls (over 100) and no one has either come to my house, taken me to court or put so much as their name on my credit report.  It's all a scam to scare you into paying money you most likely do not owe.  See if there is a way to block their number.  Eventually they will give up.

[Anonymous]

While I have never heard of any of these companies, and I don't live in CA, I can speak from experience on being sued because it has happened to me 4 times since 2009.  I have also dealt with many debt collectors over the years.  I have gotten really good at ignoring their phone calls so they leave me many voicemails, all of which use the same threatening language that this company did. It is very common for them to threaten to sue you, use berating language, etc. They have also called my Father and my step-sister (neither of whom have I ever lived with) and my brother. They always use the same threating languge with them as well.  I may be wrong but I believe it is actually illegal for them to threaten you and I am almost certain from reading this forum that, while debt collectors can call you after the SOL has passed, they can't actually file suit against you after that time.  They may threaten to but I don't think they actually can.  If I am wrong, someone please correct me.

Anyway, I have had process servers show up at my house seveal times.   The first time, it scared me to death and led me to meet w/ an attorney and come thisclose to filing BK (I honestly wish I would have now). But, I chickend out, did the stupid thing and ignored the summons.  Literally NOTHING ever came of that one.  It is still on my credit report as a judgement that will fall offf next year, but they never purused it further.

The other 3 were different stories as all 3 ended up in wage garnishments.  Had I shown up in court or tried to settle, it would not have gotten that far so all of that is on me100%.  All three accounts ended up being paid in full so that part is good. I did actually owe the money which is why I never fought any of it.  Plus hiring an attorney is VERY expensive and I just never had the $$.  

I agree with other advice, force them to first validate the debt. Since it is so old, they likely will not be able to to that.  Based on what I have read  here reagarding SOL limitations and also the # of debt collectors who have called me (hundreds) vs the actual number of times I've been sued (4), I would say that the liklihood of them actually going that far is very slim. Not to say they wouldn't but it's also not the end of time if they do.  There are may ways to deal with it.  

[StartingOver10]

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@hpotterfan77 wrote:

COMPLETE SCAM!!! Nobody EVER calls you to tell you they are serving you papers...lol  No one will show up to your house to arrest you either.  I've had a number of these calls (over 100) and no one has either come to my house, taken me to court or put so much as their name on my credit report.  It's all a scam to scare you into paying money you most likely do not owe.  See if there is a way to block their number.  Eventually they will give up.

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^^^Agree 1000%

This is the tip off that it is a scam:

• They called you to tell you they were 'going to serve papers' - BS.  As pointed out, no one calls you in advance to give you a heads up on service (unless you are a registered agent and you do this as your business)
• They don't provide an address
• They don't provide the creditor info 
• AND THEY REQUIRE PAYMENT OVER THE PHONE WITH YOUR CREDIT CARD!  This is the number one tip it is a scam

Ignore them. Sure, send a DV letter if you can get an address, but 10 to 1 this is a scam 

[mintons]

HI there -

Thank you to everyone who responded.  I tried to call them today, as she told me I had until 2PM ET or their "offer" to settle expired.  My intention was to get an address to send the DV to.

I even recorded the call, told her that I was recording the call.  Call lasted about 4 minutes, she refused to give me her address or her "clients" address....saying that she would not give out personal information!!! LOL  I told her that I was not looking for personal information, but a legimate business address so that I could validate they were a legit business.  She would put me on hold and "go talk to her council" and come back, finally refusing to give me an address to either.  She said that she could not understand why I would not trust anyone, and that I apparently was not willing to work with anyone!! lol  She then hung up on me.

So, we will see.....if something does come, atleast I have recorded truth that I was trying to work with her.  Oh well.

Anyway, again, thank you to everyone that has helped or offered input!!!

[RobertEG]

I would suggest that you file a formal complaint with the CFPB, informing them of the name of the business and whatever contact info you can provide.

Let the CFPB know that a debt collector is attempting to collect a debt, but denying you dunning notice and any contact address to which you can send a request for debt validation. 

The CFPB may be familiar with this company/scam,, and may be considering their options.

They usually dont take civil action on individual complaints, but do consider civil action if it involves multiple consumers.

You may be doing all a favor by making the CFPB aware of this debt collector, and their illegal actions.

[mintons]

Hi there Robert, yes, good suggestion and I will do just that!!!