Who was this that called???

[babalaco]

I received a message yesterday to call so-and-so about a claim that could "hurt my good credit". Immediately I grew suspicious, because I know I dont have good credit. I called them up today and after being transferred to 4 different people, I spoke with a woman who said she had an affidavid for a law suit against me. She asked who my attorney was and I responded by saying I dont have an attorney yet and am going to file BK. She then immediately began to change her tone, told me I stole from them, was a theif and a liar. I hung up on her because I was so mad. I then called back to find out what type of company it was. After transferring to 6 different people, I finally spoke to a man who told me he want to set a date to come collect everything I bought with my credit card. The credit card was a Circuit City Visa. I used it to buy a computer there 2 years ago, and then used it as a regular visa since then. He claims that everything on their is then a secured debt. I mean, i pay rent with the card and such. He then called me a liar and a theif as well.

Who were these people.....and are they really going to sue me???

[HHM]

Go see a consumer rights attorney, there appear to be numerious violations of the FDCPA based on what you have described. (however, proving it will be more problematic since it was oral communication).

They certainly have the right to sue you, but whether they will or not is another question.

[HRx]

They are just a collection agency. Tell them you want everything in writing, and once you recieve it, just list the name and address of the collection agency on your BK petittion.

[missy2]

OMG! that's wacky!! I'd get a lawyer - so you won't have to deal with that crap!!

[babalaco]

So is this an empty threat, or are they probably suing me. THey said they wanted the name of my lawyer or to set up a date to come get everything i charged using the card by the end of the month or they are filing suit.

[BrokeCh7]

Stop talking to them

1st think is to know your rights.
2nd is to know when somebody violates them
3nd when somebody threntens a law suite stop talkng to them and wait for papers to be filed. Tell them "This conversation is over." and hang up.

Most of the time it is a worthless threat used by C.A. to throw you into a down fall, freak out and send them a check.

I once received a bill from an Insurance company demanding money for ascendent. I had sold the car and filed my "release of libilty". The ascendent happened after the car was sold. The new owner had a few problems (hit and run, lost a trailer on the highway). The Insurance Co. insisted that i send them a cheak for the full ammount NOW or they will file a law suite to collect from me. So on and so on time to make a point and end this story.

Later I talked to a friend who works for an insurance company and he siad it is company policy - "when a loss happens we (Big Insurance Co.) will hard press anybody that might pay even if the company knows they are not at fault." He said that some people will send them a check because this dept knows how to scare the check out of them and reduce a loss.

KNOW YOUR RIGHTS. I offen wonder what would happen to ones incoming calls if we all started putting a recorded message the said "Thank you for calling me, some calls may be recorded for my counter suit if you violate my rights please press 9 to conect"

Good luck to all

[mymymy]

LOL.. that's a fabulous idea! Unless, your mother doesn't know what's going on... <chuckle>

press 9 to connest... rotfl!

[HRx]

So is this an empty threat, or are they probably suing me. THey said they wanted the name of my lawyer or to set up a date to come get everything i charged using the card by the end of the month or they are filing suit.

Based on what you've stated, it doesn't appear as though they are in the ready process to sue you. If you're going to file for BK and have already retained an atorney, just furnish them with the name, and number of the attorney, and tell them to direct all collection activity to him/her. See if you can get the name and address of this collection agency too, that way you can accuratlely list them on your BK petition!

Good Luck!