Jan 6, 2012
I've been dealing with these fools for about a year now. Actually, no I haven't. They've been calling for about a year now. I rarely answer the phone when they call and they usually leave some sort of threatening messaging of woe if I don't do this or that. On the rare occasions I do answer, I challenge them for answers. They have never been able to provide a satisfactory answer to anything to prove their so-called debt is mine, who the creditor is, dates and so on. Strangely, not once have I received anything (proof) via mail which I ask for every time.
I've heard it all during their pressure tactic phone calls. Everything from "I will be served with litigation papers", If I don't pay today, my court date is "tomorrow" in some other state different from my own, threats to contact my "local prosecutor", the actual threat of prosecution, threats of spending a long time in jail, threats of having arrest warrants out for me and threats of them obtaining subpoenas for my banking records and on and on. -I tell them good luck with all of that!
I have called their bluff several times and I am still waiting for all those horrible things to happen to me. Yet, they are too stupid to realize that I have and keep calling with different spins each time.
Usually when I do speak with one of these scammers, I tell them that I would prefer that they sue me for the so-called debt so that I can finally see the alleged evidence. Being sued doesn't mean anything. Doesn't mean they will win and I know I don't owe them any money. One of the biggest give-aways that they are bogus is when they start talking about social security numbers as if that is proof of something. We don't sue or prosecute SSN's based on some circumstance. We sue/prosecute actual people based on evidence. -They will often go on about how they have your SSN in connection with some "check fraud" case but when pressed are unable to prove you did anything wrong other than to say they have your SSN. It's all nonsense.
So, tell them you would welcome a lawsuit so that you will know exactly who they are and can counter sue for violations of the fair debt collections practices act. That will usually shut them up, at least for awhile (because they are stupid & greedy and will eventually start calling again).
As for the threats of prosecution and jail, same thing goes. Firstly, tell them that prosecution/jail isn't their decision to make even if the alleged fraud were real. Then tell them that you look forward to a "real" investigator contacting you so that you can clear this all up with law enforcement and the DA's office and they have no further need to ever call you again. Those two things will usually make them angry and then hang up.
Lastly, make sure you mention to them that if they have evidence that you broke a law and are civilly liable for a debt, then they need to stop calling and go forth with their threats and that you will be waiting to deal with it all when it comes. They don't like that one either.
Bottom line is this, they are trying to extort people. They are a criminal organization. What they do is the same as a gangster going into a business, then threatening the business owner by telling him to pay up or else the business will burn to the ground. The only difference is that these scammers use a phone to threaten people into paying or else -in their case it is the believable threat that one will go to jail if they don't pay. -Extortion. To sum it up, extortion is a crime of obtaining money from someone under a threat that something bad will happen to that person if they don't pay. Real debt collectors know not to make such threats and follow the rules.