Legal Question in Credit and Debt Law in California
suspicious debt collection agency
Hello, I have been receiving phone calls from a collections agency (generically) called Asset Recovery Group. The two phone numbers I've received calls from I've looked up, and both have mile long lists of people calling the company fraudsters.
They claim to have sent me letters telling me that I need to pay them this debt, but I have not received any of them. I told them this, and was called a liar in more or less terms. I asked for debt validation and was told that because they bought this debt, they don't have the papers and the onus of verifying my debt fell to me. While I was out today, they called and told the person who answered that they were filing a lawsuit against me.
The phone numbers: 7168364401 and 7167754407.
My questions are, A) since I haven't gotten any papers, and they are saying that they are taking action, do I need to call up my local court and see if there are any pending cases involving me? B)do they have any legal ground to stand on?
2 Answers from Attorneys
Re: suspicious debt collection agency
A. Yes, you should check the court docket.
B. They are required as a matter of law to verify the debt and to provide you proof of that verification. If they cannot verify the debt, do not pay them. They could sue, but you could counter-sue based upon a violation of the Fair Debt Collection Practices Act. You should have an attorney send them a letter confirming they have refused to verifiy the debt and that they are therefore in violation of the Fair Debt Collection Practices Act and are facing serious liability.
Re: suspicious debt collection agency
It's possible that the debt has been assigned to them for collection. If the statue of limitation (usually 4 years) hasn't run on the debt, then you might owe money to the creditor. However, if they don't have the paperwork and sue you, they'll have trouble proving their case. A skilled attorney could help you out. It would be wise to check the docket of the court in the county in which you live every couple of weeks or so. Perhaps it's even available online. Good luck.
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