Receiving threating voice mail stating they need to meet to to serve me a summons. Please Help!!

[kisbel65]

I received a scary vm from 'Able Carring Services' stating that they need to meet me to serve me a summons (yes, they actually said they need to meet with me to serve me). I contacted the filing part and they are collection company trying to collect a debt that was paid in a settlement (decision made before I joined myfico) on 9/15/08. Hence, I have another year and 1/2 before this is removed from my credit report. The collection agency is stating I owe over $2,500 when the orginal debt was only 465.26 and was settled for $304.42. My concern is that the collection company may have filed a complaint in court and I dont know about it. I am in the state of Florida and would like to  know how I can obtain this information. Is it the county court or the superior court?

Thanks you in advance.

[SGR]

---

@kisbel65 wrote:

I received a scary vm from 'Able Carring Services' stating that they need to meet me to serve me a summons (yes, they actually said they need to meet with me to serve me). I contacted the filing part and they are collection company trying to collect a debt that was paid in a settlement (decision made before I joined myfico) on 9/15/08. Hence, I have another year and 1/2 before this is removed from my credit report. The collection agency is stating I owe over $2,500 when the orginal debt was only 465.26 and was settled for $304.42. My concern is that the collection company may have filed a complaint in court and I dont know about it. I am in the state of Florida and would like to  know how I can obtain this information. Is it the county court or the superior court?

Thanks you in advance.

---

The statute of limitations (SOL) for debt in Florida is five years which means the SOL ran out on 9/15/2013. Not only has the SOL expired, you have proof the debt has been satisfied. In addition, it sounds like the collection company is attempting to intimidate you into paying by misleading you to believe they represent a government authority (this violates statute 807-2a of the FDCPA). You even have this violation recorded! I have been put in this identical situation, and these are the steps I took to make the collection agency back off (and get some money in the process):

I sent a certified letter to the company telling them to immediately cease and desist all activity related to the debt. I made it clear that if any further collection activity occured, it would immediately be met with a FDCPA lawsuit. I then sent an invoice for $1,000 for EACH FDCPA violation that occurred. I demanded payment, and explained that if no payment was made within sixty days I would sue them in small claims. In my case, they owed me $2,000 for two violations: a recording in which they threatened to put me in jail, and documentation showing they called me 11 times in 15 minutes.

It's up to you how far you want to take things. Usually, the collection company will ignore your invoice and simply cease the harrassment. You can either relax now (assuming they back off), or you can sue them if they ignore your invoice. I chose the latter, and I won. Obviously, YMMV though.

Good luck!

[Involver]

---

@SGR wrote:

---

@kisbel65 wrote:

I received a scary vm from 'Able Carring Services' stating that they need to meet me to serve me a summons (yes, they actually said they need to meet with me to serve me). I contacted the filing part and they are collection company trying to collect a debt that was paid in a settlement (decision made before I joined myfico) on 9/15/08. Hence, I have another year and 1/2 before this is removed from my credit report. The collection agency is stating I owe over $2,500 when the orginal debt was only 465.26 and was settled for $304.42. My concern is that the collection company may have filed a complaint in court and I dont know about it. I am in the state of Florida and would like to  know how I can obtain this information. Is it the county court or the superior court?

Thanks you in advance.

---

I sent a certified letter to the company telling them to immediately cease and desist all activity related to the debt. I made it clear that if any further collection activity occured, it would immediately be met with a FDCPA lawsuit. I then sent an invoice for $1,000 for EACH FDCPA violation that occurred. I demanded payment, and explained that if no payment was made within sixty days I would sue them in small claims.


Good luck!

---

Yes, do this.  

[growing123]

---

@kisbel65 wrote:

I received a scary vm from 'Able Carring Services' stating that they need to meet me to serve me a summons (yes, they actually said they need to meet with me to serve me). I contacted the filing part and they are collection company trying to collect a debt that was paid in a settlement (decision made before I joined myfico) on 9/15/08. Hence, I have another year and 1/2 before this is removed from my credit report. The collection agency is stating I owe over $2,500 when the orginal debt was only 465.26 and was settled for $304.42. My concern is that the collection company may have filed a complaint in court and I dont know about it. I am in the state of Florida and would like to  know how I can obtain this information. Is it the county court or the superior court?

Thanks you in advance.

---

Also, are you going by the date you paid/settled as to when it will fall off of your CR?  You would go by the DOFD, which would be before 9/15/08.  I'm thinking this collection might fall off sooner than you think. 

[kisbel65]

Thanks to all that replied. I was really stressed about this.. I know the SOL ran out, but for some reason this really got me upset. I have been through so much lately (sold  and bought a house in the same day, my father died and we moved) ,  I was a wreck when they called. I did send them letter with the proof it had been paid and asking them to stop all communications. I dont have a lot of spare time, but if they mess with me again, I will send them the violataions letter. Regardng the DOLA, it states on my report that it is Oct 2008. I have to look further for date of DOFD.

[A_Noob]

http://www.pacer.gov/ can be used to find any judgements against you that will show up on your credit report. If I'm not mistaken, this is what the CRAs use to find judgements. It costs $0.10 a page but if you are under $15 quarterly they don't charge you (I think).