Sep 17, 2015
I guess I'm a little late, but, the people calling you are essentially debt scammers. Ignore their calls and block them.
See this:
http://obrienwexlerassoc.com/
toll free: 1-877-334-5288
local: 716-433-2414
fax: 716-433-2927
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BBB:
THIS BUSINESS IS NOT BBB ACCREDITED.
O'Brien, Wexler & Associates, LLC
Additional Locations
Phone: (877) 334-5288
Fax: (716) 433-2927
PO Box 533, Lockport, NY 14095
complaints@obrienwexlerassoc.com
www.obrienwexlerassoc.com
View Additional Web Addresses
! THERE IS AN ALERT ON O'BRIEN, WEXLER & ASSOCIATES, LLC !
BBB has seen a major increase in collection agencies starting business in the Upstate New York area over the past several years. In an effort to keep consumers informed about which collection agencies are operating in accordance with federal and state law, we have asked for specific information from all collection agencies located in our service area, including proof of licensing, bonding, and or registration required by NY state or other governments where the business is located, as well as proof of licensing required by any state in which the business operates. This collection agency has not responded to our requests. BBB advises consumers to be aware of their rights in regard to collections. This includes New York States law prohibiting any collection agency from collecting on Payday loans in the State of New York. The Fair Debt Collection Practices Act (FDCPA) outlines prohibited behavior when attempting to collect a debt, and outlines specific rights for consumers. There are penalties for agencies found in violation of the Act. BBB advises consumers to become familiar with their rights under the Act, which can be found at the Federal Trade Commission’s Website at: ftc.gov . Consumers can file with us at bbb.org/complain.
BBB® F Rating
On a scale of A+ to F
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Serious history of debt scamming on 800notes. Threats of lawsuits, false statements about bankruptcy, threats to go after drivers licenses, false threats of services of process. Occasional threats of arrests. They’ve been doing this at least since 2011.
Calls from:
716-433-2831
716 478 3406
716-478-3606
716-478-3608
716-514-4903
877-334-5288
888-641-7450
888-641-7750
Report them: http://www.consumer.ftc.gov/articles/0149-debt-collection
Also report them to the New York State Secretary of State: http://www.dos.ny.gov/
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Now, about that phony 1099C these people are waiving around:
An IRS 1099C is a report of a cancellation of debt by a creditor in favor of a debtor/taxpayer. The amount of the debt becomes gross income for the taxpayer.
See: http://www.irs.gov/uac/Form-1099-C,-Cancellation-of-Debt
The rules are complex for the entity forgiving the debt. Only certain entities can issue a 1099C.
See: http://www.irs.gov/pub/irs-pdf/i1099ac.pdf
Unless the debt collector actually owns the debt and falls within the categories listed, they cannot issue a 1099C.
It is unlikely that the person calling you has any authority to issue a 1099C. What is happening is that more and more of these fly-by-night debt collection companies are calling people up and waving around IRS 1099C forms in order to frighten people into paying them something.
A 1099C is not attached to anyone's SSN. A 1099C is not connected to anyone's bank accounts. No more so than any other form representing gross income to the taxpayer. The form just lays out the amount that has been forgiven and must be included in the taxpayer's gross income.
I'm an Enrolled Agent with the IRS (inactive) and I can tell you that the person who called you most likely has no idea what a 1099C is and has no authority to issue such a document. They are basically using the magic words "IRS" in order to scare you.
They are not filing anything, so far as I can see. One of the reasons they won't file anything is that the creditor must also fill out the name, address and federal tax number on the form and they must file it with the IRS. This is something they are not going to do. They want to keep their physical location secret.
Look at the form: http://www.irs.gov/pub/irs-pdf/f1099c.pdf
This is just a total scam. Ignore them. Block their calls.
If they are bothering you,
Report them:
http://www.consumer.ftc.gov/articles/0149-debt-collection
Also contact your local attorney general