Legal Question in Credit and Debt Law in California

On 07/06/2010 I was informed by my sister who lives in another county that a lady named Phyllis Jones left a voice message on her answering machine stating my name and that I have fraudulent check charges against me and for someone to notify me and to call (888) 832-9785 in reference to case #723603.

On 07/06/2010 at approximately 10am Phyllis Jones left a voicemail on my cell phone with a blocked number stating she had a court summons to come out to my place of employment and residence for charges of fraudulent check charges and if I have any questions or concerns to call (888) 832-9785 and ended by stating "you have officially been notified and you have been served.".

On 07/06/2010 I called the number Phyllis left and spoke with the first person to answer the phone, "Tanna/Tanya or Hanna"--couldn't understand her. I told her of these messages and asked her the name of her company and she asked me "why do I wanna know" to the following questions: 1) What is the name of your company? 2) Are you a legal firm? 3)What is your name? She finally told me the name of the company is "BAM" and they are a legal firm. I asked if they were a collection agency or legal firm. She said a legal firm with attorneys present. I asked if they had a website. She said no, that it's under construction. I asked her name and she said she's not going to tell me and that she'd put me through to their supervisor. I informed her I didn't know of the debt she's speaking of and to tell me the name of the company that sent me to their collections. She named a few companies that could possibly be the one as they changed names. I told her no one has ever sent me anything in writing from this debt from 2 years ago that she's mentioning and that no one has ever called me, either, and to send me the information in writing about this debt. I told her to mail me the info and that I will look at it and try to resolve the matter and not to call my relatives' house and that it's illegal for debt collectors to call from blocked numbers and to leave messages like the one she left on my sisters' house phone and she said it was not illegal and said at the end that she will see me in court, then hung up on me while I was trying to talk to her.

I called the number back and spoke with the same lady and said I wanted to speak to Phyllis Jones. She laughed and said there is no Phyllis Jones at their company and she asked me for my case #. I told her and she said she just spoke to me and said I was the one who just called her and said I wanted to go to court with them. I told her I never said that and asked for her name because I couldn't understand it and she again refused to tell me and put me through to her supervisor, Miss Leverett at extension #362. I told Miss Leverett I was trying to resolve a possible debt and wanted it sent in writing to the address I provided and she said she would send it. She accused me of being rude to the other lady because I was asking so many questions and maybe that's why the other lady hung up on me, telling me she'll see me in court. I told her I wasn't being rude but I wanted to know what this was about and was trying to resolve things and this is the first time I've been contacted about this matter and they're talking about suing me and charges of fraudulent checks. I told her it's illegal to leave messages on other peoples' home phone message machines and call from blocked numbers if it's a debt collection. Miss Leverett started yelling at me telling me I'm a scum and obviously stupid for writing fraudulent checks and for not knowing it is legal to call from blocked numbers and leave messages at relatives' houses on their answering machines. I told her I wouldn't ever intentionally bounce a check and I need to see the info about the debt in writing so I can figure out if it's a legitimate debt, especially because the debt is from 2 years ago, according to the lady that initially answered the phone. No one would tell me the amount to resolve the matter, either, when I asked on 2 occasions. She then told me, "You're pissing me off!" and threatened to have me arrested and go to my place of employment (in a hospital; I'm a nurse) and said she has papers to serve me in court for fraudulent checks and she'll see me in court.

The address Miss Leverett gave me for their company at the beginning of the conversations is:

BAM Group

7515 W.Encanto Blvd.

Phoenix, AZ 85001


Asked on 7/06/10, 7:50 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You need to learn to handle collection agencies. This one committed several FDCPA violations. Look at creditboards.com . Do not call 800 or other toll free numbers -- when you did, the collection agency captured your home or cell phone number, and possibly also your home address, via Automatic Number Identification.

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Answered on 7/06/10, 11:26 pm

What's your question?

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Answered on 7/07/10, 9:11 am


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