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Scaring the you know what right out of me. (Please respond)

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    Scaring the you know what right out of me. (Please respond)

    Well, we've finally commited to filing. Going on Monday to make the final payment to our attorney and return the last of the paperwork.
    Tonight I got the following message on my answering machine, I know I can talk to my attorney on Monday, but in the mean time I'm really scared. Anyone know anything about this? Do you think it is just a collection call scare tatic? If so, they are claiming to be with the government and that I have a restraining order against me. If these are lies is there anything my attorney can do. I'm having enough trouble without people making out and out lies to me and getting away with it. Bastards.
    Hi (name as listed in phone book). This is Andrea Cunningham-Special Investigator. I am contacting you regarding a complaint being filed against you. You affadavit number is " " You have been named to respond in a court action and must appear in court. There is a contact number on file which you must call. Please forward this information on to your attorney affadavit pertains to a restraining order. You or you attorney have 24-48 hours to resolve this matter. Again the affadavit number is " ". This is a legal matter so please contact me. Thank you and good luck.
    Last edited by brokemomma; 02-19-2011, 03:20 PM. Reason: I didn't know if I should leave the phone number.

    #2
    Scare tactic written all over it!

    Comment


      #3
      I'm no expert, but I think you're usually notified in writing (and often by some sort of certified delivery process) when legit court actions arise. How many things in a real court of law are ever resolved over the phone? And in 24-48 hours? That's probably the funniest part, right there. Followed closely by the fact that the call came on a Saturday evening. I vote for a scare tactic... one that you'll probably look back and laugh at in a few months. Best of luck.
      OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

      Comment


        #4
        That's what I think too. They called my mom too. What makes me the most angry is that they lie. They tried to lead me to believe that I had a restraining order out against me and that way they could avoid the whole "this is an attempt to collect a debt.... statement) I really want to make them realize that this is in violation of collection practices. Do you think I have any recourse?

        Comment


          #5
          Originally posted by brokemomma View Post
          What makes me the most angry is that they lie. They tried to lead me to believe that I had a restraining order out against me and that way they could avoid the whole "this is an attempt to collect a debt.... statement) I really want to make them realize that this is in violation of collection practices. Do you think I have any recourse?
          This is something that you should discuss with your attorney, especially if you have recordings of any of these calls.

          Don't let them scare you. Be angry and fight back. File and give all of them the middle finger.

          Good luck.
          No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

          Comment


            #6
            I agree this is a nasty tactic, and almost certainly false, but I would focus on the BK matter right now.

            Yes, tell your lawyer about it, but in the whole big picture its not your primary concern. I realize others will differ, and encourage you to 'go after them' etc, but to me you have enough on your plate already. If the calls persist, then thats a different story.

            Comment


              #7
              I agree it's probably a scare tactic. Not many reputable entities leave such a detailed message on an answering machine. They want to be SURE they are giving information to the correct party, thus the use of official documentation. Definitely do NOT erase the message. It might be helpful in the future, especially if it turns out it's a collection scare tactic.

              If you want to make yourself feel better, do a google search on "Andrea Cunningham-Special Investigator"....I think you'll be able to relax once you read what you find.
              Filed pro se, made it through the 341, discharged, Closed!!!

              Comment


                #8
                Wow. I am not an attorney but am a social worker in Michigan. I've worked with several clients and Prosecutor's offices in four counties and have never heard of a PPO being served in this way. They're not even called restraining orders here, they are Personal Protective Orders. Furthermore, any official calling would identify what office they are from when leaving a message (Sheriffs Dept., City Police Dept., X County Prosecutor's Office). I highly doubt it's legitimate, and furthermore is a crime (maybe a felony?) in MI to impersonate law enforcement.
                A fresh start is a beautiful thing. And I'm not an attorney, just opinionated!

                Comment


                  #9
                  Yeah, that's got to be a scare tactic. That message doesn't even make sense - there's not really anything to 'respond' to with a restraining order. If you're served with one, you just make sure you stay the heck away from the person/entity that had it issued.

                  Do a google search on "Andrea Cunningham-Special Investigator" like the poster above suggested - you'll find the results interesting....
                  Filed: 6/30/2010
                  341: 7/26/2010
                  Discharged: 10/6/2010

                  Comment


                    #10
                    This is a common tactic with pay day loan companies. Do you have one or many of those?
                    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                    Comment


                      #11
                      This is completely a scare tactic, as others have said. I would NOT ignore it, though. Not in the sense of taking it seriously, but in the sense of reporting them to someone if at all possible. Sounds like they might be impersonating federal agents? If so, that is an outright crime, and if you have the voice mail, keep it. As a matter of fact, I just did a Google search, and the first thing to pop up is here:



                      You've got NOTHING to worry about.
                      Decided on Chapter 7: October 13, 2010; Retained Attorney: October 20, 2010; Filed Chapter 7: February 4, 2011; 341 Meeting: March 23, 2011; Discharged: May 24, 2011

                      Comment


                        #12
                        Originally posted by brokemomma View Post
                        Well, we've finally commited to filing. Going on Monday to make the final payment to our attorney and return the last of the paperwork.
                        Tonight I got the following message on my answering machine, I know I can talk to my attorney on Monday, but in the mean time I'm really scared. Anyone know anything about this? Do you think it is just a collection call scare tatic? If so, they are claiming to be with the government and that I have a restraining order against me. If these are lies is there anything my attorney can do. I'm having enough trouble without people making out and out lies to me and getting away with it. Bastards.
                        Hi (name as listed in phone book). This is Andrea Cunningham-Special Investigator. I am contacting you regarding a complaint being filed against you. You affadavit number is " " You have been named to respond in a court action and must appear in court. There is a contact number on file which you must call. Please forward this information on to your attorney affadavit pertains to a restraining order. You or you attorney have 24-48 hours to resolve this matter. Again the affadavit number is " ". This is a legal matter so please contact me. Thank you and good luck.
                        i'm soooooooooooo sorry you had to hear that scam call...........report them immediately to the FTC.......do not hesitate....http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm

                        and it's a "docket" number...not any affidavit number....i'll love to chop the head off of that snake!! so they apparently don't know how to fake it well....

                        also, they had NO clue that was your number for certain...and they are NOT allowed to leave messages like that...really.

                        sorry again, so many people go through these illegal forms of collection tactics...it's unfortunate and the best thing you can do, is attempt to get informed and try NOT to let them get to you...i know...easier said than done...but you'll be fine...(i'd still like to chop their heads! )..
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                          #13
                          I asked a friend of mine who is a state trooper and it is a felony to impersonate a law enforcement officer in the state of Michigan. In addition to filing a complaint with the FTC, I'd consider calling the MI State Police. They take that quite seriously these days.
                          A fresh start is a beautiful thing. And I'm not an attorney, just opinionated!

                          Comment


                            #14
                            Did you do a reverse lookup of the phone number to identify the "organization" they are calling from? I think in some states special investigators are licensed, you could also try looking up the licenses to see if this person is licensed. If there's a convenient pay phone, call the number way outside of business hours and see if there is an answering machine type message identifying the company (I wouldn't call from your phone because they might capture the number).

                            It sounds like someone trying to leave the impression that they are a law enforcement officer. If you foind out for sure that they are not, and want to have some fun, you could always call them, tell them the call is being recorded for their protection, and then ask them about their investigator credentials, etc., and then turn the recording and explanation over to a state consumer protection agency. In some states, bounced checks are sometimes run through law enforcement "bad check" divisions, so if you've got bounced checks out there, this *may* be on the up-and-up (but the folks working on such things probably work regular business hours, not weekend evenings).

                            I wouldn't be scared about this, just angry.

                            Comment


                              #15
                              Originally posted by meateater View Post
                              Did you do a reverse lookup of the phone number to identify the "organization" they are calling from? I think in some states special investigators are licensed, you could also try looking up the licenses to see if this person is licensed. If there's a convenient pay phone, call the number way outside of business hours and see if there is an answering machine type message identifying the company (I wouldn't call from your phone because they might capture the number).

                              It sounds like someone trying to leave the impression that they are a law enforcement officer. If you foind out for sure that they are not, and want to have some fun, you could always call them, tell them the call is being recorded for their protection, and then ask them about their investigator credentials, etc., and then turn the recording and explanation over to a state consumer protection agency. In some states, bounced checks are sometimes run through law enforcement "bad check" divisions, so if you've got bounced checks out there, this *may* be on the up-and-up (but the folks working on such things probably work regular business hours, not weekend evenings).

                              I wouldn't be scared about this, just angry.
                              good point about the reverse look up.......and then when you do them...they are usually CELL phones...LOL!!!!!!

                              being or sleeping with a law enforcement person for over 40 years with a numerous types of licenses...i have seen some odd ways of getting information....however, legally...otherwise it will not stand up in court...no ifs or butts about it...

                              AND you can even say you are someone whom your not........but you can't be saying your representing a court matter....

                              your point exactly.....someone cannot impersonate an officer of the court or a law enforcement officer..(ceptin in the house...LOL!! because it's true..) and those tactics still would not be used.

                              really shame on them..and they should be reported.

                              i doubt if the police will do anything unless you can prove harassment in some form..or a threat....although personally, i feel they should...or wish they would!
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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