May 9, 2008
This is to Debra, Chris, or whoever. First of all if your not a collection agency then why are you registered with the American Collectors Association ??? I have news for you. According to them you are. Secondly, because of your actions in my opinion, you are. And, I'm sure under the FDCPA you are.
You cannot threaten people with jail. Debtors prisons went out years ago. I also wish I was a lawyer so that I could point out to you and the people who have and or will read this just how many violations you are guilty of under the FDCPA. In addition to violations of the Florida statute your guilty of violating when you called my wife here in Florida.
People reading this or who read this allow me to give you some free advice here. What most likely is going on here is this company has purchased the bad accounts from Ace Check Cashing. Most likely all they have is very little information about you. Maybe just your name, address, phone number, and the amount of the debt. The chances are really good they don't even have the check you wrote to Ace Check Cashing. If they do then fine. Ask them to produce it. Basically all they have is a print-out of the debts. In my experience a print-out of the debt is not good enough to win a lawsuit of this type. Secondly, the check you wrote was a promisory note, (my opinion). They can't file criminal charges against you for writing the check to them because you didn't write the check to them. Again, (my opinion). If Ace was going to, they would have. They didn't because it would have cost them more to go to all that trouble that to just write it off. Again, (my opinion).
Lastly, do not give any agent or inspector of the company any personal information about you or a family member. If they can legally collect on this debt then they should be able to validate the debt. I cannot advise you but if I were you this is exactly what I would do is to ask for validation of the debt.
I would suggest to each of you to contact a lawyer about this matter who knows how to handle this type of case. You may just end up with them paying you. In fact, I would almost guarantee it if I was able to legally make a promise like that.
Keep watchin this board to keep up on my progress on how I plan to deal with this company and their illegal tactics as a debt collector.