Jun 18, 2010
I am a attorney practicing in Winter Haven, Polk County, FL. A telephone call from a potential client came to me for representation against a call from this number 813-435-6301. He and the person who called my potential cllient yesterday identified themselves as lawyers. Most states have a website, such as The Florida Bar, that lists the names and other information about all lawyers licensed in the state. You can check to see if they are lawyers or not. Brandon Benedict and Scott Mitchell each called stating they are lawyers. There is no licensed lawyer in Florida named Mitchell or Brandon Benedict according to The Florida Bar website. They have been calling my potential client at work after being told not to, illegally identifying themselves as lawyers, and called my potential client's mother to collect the alleged debt. Do a Goggle search on Fair Debt Collections Act and find the actual law. It says a collection agency, anyone collecting a debt on behalf of someone else, is REQUIRED to give their name and the company name whom they represent. They can't legally say they are lawyers when they aren't. They can't call you at work after you asked them to stop doing so (and especially after your boss also told them not to call you are work). They can be sued for FREE by the victim by calling a lawyer like myself, with all the details and any evidence, such as a phone bill showing how frequently they called and when (no more than 4 times in one day, not before 8 a.m. or after 9 p.m.), your boss' statement, your mother's statement, any one who was involved and knows of the violations. Write down date and time of the call, what the caller says to you, about you, whether they are rude, raise their voices, whether they demand you perform illegal acts to get the money, threaten to send you to jail or to take your home or vehicle, etc. Lawsuits are beneficial for putting an end to violations of the Fair Debt Collection Practices Act. If you owe the debt they are trying to collect, they must prove they have the right to collect it, or they can't collect it. They are liable for any violations of the FDCPA even if you DO owe the money! Often, as part of the settlement, they extinguish the debt and any negative report to the credit bureau, and pay you the fine required by the FDCPA. If you don't want the phone calls, write them a letter identifying yourself and the debt and write: do not call me. Identify the matter they called you about, and send the letter by certified mail. Keep the green card with their signature when it comes back in the mail to you, and staple it to your copy of the letter. Tell your consumer law attorney what happened and bring the evidence with all the details of when who called and said what, etc. The violators have to pay your lawyer for suing them plus pay a hefty fine to you, both as penalties for violation of this law. Don't EVER fabricate such a case, as liars are exposed in lawsuits. Evidence is necessary to prevail. Let's get rid of these unwanted collection calls! If you DO owe THEM the money, and you tell them not to call or write, they may just sue you to collect the debt instead, because they can't call you anymore.