If and when you get that letter you should immediately send that debt validation letter by certified, return receipt mail.įirst, you should make a complaint at this Federal Agency, and while there you should also read up on how debt collection is supposed to work as well as what your rights in this matter are: Īlso file a complaint with your State Attorney General's office. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. You are not obligated under the law to prove that you don’t owe or that it is paid.įederal law (FDCPA) requires them to send you a letter (US MAIL ONLY) postmarked within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It is incumbent upon them under the law to prove that the debt exists and that you owe it, and (this is the important part) that they have the legal right to collect it. Remember that you can always call the local courthouse to see if there really is a lawsuit that has been filed against you. Court documents are time sensitive and must be served within a certain amount of time. They certainly are not going to pass up a paycheck by telling you that you can avoid being served, they are not going to give you an extra day or even a few hours to get a “stop order”. Process servers get paid to serve papers, nothing else. You will receive a shipment notification once your order has left our warehouse which will include the delivery service used as well as a tracking number. Process servers do not ever call ahead so that you can dodge them. They also tell you that you will need two forms of ID. They tell you that if they serve you at work then they will need a supervisor, security, or HR person there as a witness, hoping that will cause you to panic over the alleged embarrassment of being served at work. They threaten to serve you at home or at work. This is simply ruse to get you to call another number (often with a made-up case number) where they will ask for money to “make it go away” (this is actually the same place, they work in teams, one pretending to be the server, and the other usually pretends to be a lawyer). They tell you that they are a “process server” and cannot give you the particulars of the case since the file is sealed. They mention that they have received a Fax document or some sort of complaint and that there is a pending legal matter or action about to filed against you to create the sense of urgency. See FedEx Express, Ground, Freight, and Custom Critical tracking services. The fake process server/location finder extortion attempt usually consists of the following: Where is my package Enter your FedEx tracking number, track by reference, obtain proof of delivery, or TCN. This is the fake process server/debt collection extortion scam. A 20+ year old credit card debt? They could not legally sue you for that.
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