shady CA!!! Please help!

[cassett]

So I got a call from my work today that someone called them and told them that someone would be sending the sherrif out to serve me some papers and to have me call them.  I immediatly called them once I got the message and spoke to a guy who notified me that I have a breach of contract with an old CC debt (Contenintal Finance/First Bank of Deleware). I told him that I had the CRAs remove this from my credit report because of a FDIC cease and desist order that they are supposed to delete tradelines from accounts that where started before 2008 i believe. 

https://www.fdic.gov/news/news/press/2008/FBD_Notice_of_Charges.pdf

I asked him if i could go get the papers from the sherrif instead of them comming to my place of employment. He said No, because my account is flagged and they need to deliver it to my work because of wage garnishment. This is when i started to become suspicious. I then asked him if i could send him the information i sent to the CRAs when they deleted my file he said no because that would be double jeopardy and it would be like him working for me instead of his client.

I told him i would call him back. He gave me two hours then he would have to contact his client. I immediatly called the fdic to see if i do indeed fall under this cease and desist order. They are going to call me back tonight. 

I then called the sherrifs office to see if i really had papers being served. They said no and it sounds like a scam and to call the police if he continues to contact me.

My question is. This is a debt that was charged off in 2011. Is anything this "law office" CA doing illegal? The orginal debt was 900 dollars and he told me that I owe 3,000 some dollars because of fines etc because of breach of contract. The sherrifs office told me that there would be no flag on the papers to be delivered to my place of employment and that sounds very shady. What do i do here? 

[cassett]

He was also telling me that If i didnt want to go to court i could work out a payment plan with him but i would have to do it today before the papers are served! There are no papers from what the sherrif said. 

I also have this whole call recorded on my phone.

Who do i contact? FTC? a lawyer? Ignore it?

[Anonymous]

This A-hole has already committed a number of deliberate violations of the law. Good job recording it because you got this guy by the shorthairs.

Draft an ITS letter, quoting FDCPA, 15 US Code § 1692(b) and (e). He violated (b) by communicating restricted information over the phone with your employer and  (e)by fraudulently indicating a judgement has been issued, when in fact, no judgment and no filings exist. Contact a lawyer, without a doubt and put some money in your pocket.

[lukepwnsall]

DO NOT PAY THEM!!!!!

my brother ran into a situation like this too, and I get calls, my parents get calls, my uncle gets calls on his cell and on his work phone. They harrass us and we get calls from different collection agencies all the time. they even threaten to arrest me. and send the cops to my place of work. Its freaking stupid the worst part its even been paid. They just bounce it arround to differnt collection compaines. One place called as Warrent Department.... Like seriously **bleep** is that and I asked what state he was in and got angry and said he was asking the questions. I also have had places when I asked to speak to a supervisor they started yelling at me and when I quoted the law against her, she said the background to another person RECORD THIS CALL! i bearly heard it, but when she came back I said. I live in the State of Illinois where it is illegal to record a phone call without letting the person know directly. She said I Dont care and hung up. They are scams. if you want to settle it call the original company you Charged off. Otherwise its a secured debt and they cant garnish your wages.

[gdale6]

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@cassett wrote:

He was also telling me that If i didnt want to go to court i could work out a payment plan with him but i would have to do it today before the papers are served! There are no papers from what the sherrif said. 

I also have this whole call recorded on my phone.

Who do i contact? FTC? a lawyer? Ignore it?

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I would contact your states AG and the CFPB

[RobertEG]

I would contact an attorney, with intent to sue based upon numerous and substantive FDCPA violations.

[newstart2010]

zombie debt collector.  If an account cannot be collected on, or there is a remaining balance after a settlement has been made they are sold in bulk to these scumbags for pennies an account.  They then call, fax, and mail all sorts of lies to everyone inregards to the files, casting a wide net of many illegal moves, and hope to catch as many as possible.  they do a few hundred at a time, and then shut down their business and phone number and get new ones, and go for the next hundred.  The ones that don't buy into the scam are bundled up and sold to another group of scum bags, and your info is just passed around.  Its hard to make anything stick to them legally because they are so fly-by-night and usually shutter up before the police can track them down.  the names they use are false, and some do this directly out of their own homes with PO Boxes for mailing addresses.

They can't put anything on your credit, they are a scam, they are illegal, and cannot collect on this debt.  Do yourself a favor and just hang up.  and always remember...process servers never call before they serve you.  and if someone threatens that you will be served, and you know the debt is ilegit, tell em to bring it.  worst that happens is it does go to court and you mic drop and walk out after showing that the account is past SOL.

[cassett]

Thanks guys. Im not sure if i should do anything at this point. If i should just wait and see if they do serve me something. 

The thing is.. I do owe this debt. And . im not 100% sure that the fdic cease and desist order covers me. I talked to someone at the fdic and she couldnt even find the Court order. Just a different order about something completly different.  Unsure why she couldnt find it, Its posted right on their website. Here is also a long thread about it on myfcio.

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Continental-Finance-First-Bank-of-Delaware-Ch...

So I ended up calling the "Lawyer" back and told him not to contact my work again. He told me that they didnt contact my work and that it was "legal filing services" I asked him who the hell that was? is that a department of the law office? He said no and refused to give me an address or phone number.He did state that they shouldnt have called me. But From what it sounds like, it was the law office who called my work. They told my supervisor that they are a security company and that uniformed officers will be coming to deliver papers to me, but he stopped the papers to give me a chance to get in contact with them within two hours.

 Hes now telling me he doesnt know when they will deliver the papers and to just do what the papers say once they deliver them. Iasked why the hell are thehy delivering to my job, they have my address??

He didnt try for a payment this time and kept asking me what i was calling for. I told him i was calling because i am very confused and this all seems shady and that FDIC told me that First Bank of Delaware voluntarily closed their doors in 2012 and that they arent even open anymore. He then told me that what i said was Fraudulant and gave me a phone number for them. Ive yet to call this number. I will tomorrow.

He stated that the reason for the CO being deleted from my account wasnt from me disputing it. it was because they where about to put a judgement on my file and i cant have two dings for the same thing. And that i shouldve had a comment saying it was going into judgement where the comment section where the fraud alert  is.

Just hoping this goes away. but i have a bad feeling that it wont. I really dont want to piss them off and actually send it to court. The FDIC order may not hold up in court. But i cant in my right mind pay them. They seem extremly shady and im not even sure if they own the debt. If i did have to pay.. would i have to pay the 3000 some dollars they are claiming? Or just the original debt of 900?

[cassett]

it all sounds really shady. I guess i will try to contact a lawyer tomorrow. 

[newstart2010]

He is about to put a judgement on your account that he has not received yet?  That right there shows he is a liar.

Also, processing companies do ask for payement, so its not a processing company.  They are using that as a threat.  Stop calling them.  Do everything through writing.  Send them a letter stating they have to stop communicating through phone and only through email.  

Now when is the DoFD onthis account?  Have you looked up your SOL in your state?