Complaint Review: Empire Recovery

My complaint is regarding unfair, illegal, and dishonest collection practices.

Today, on 6-23-2005, I received a phone call at 9:45 AM central time from Empire Recovery Services in Jacksonville, FL. It was a "Ms. Lopez" at extension 206. She would not give me her first name. She told me that if I did not pay a total of $310.78 within 1 hour, they would contact my local county sheriff's office and file charges against me for "malicious intent to defraud a financial institution" and "malicious intent to pass a worthless item on a financial institution."

I told her I could pay the amount this evening between 5 and 6 PM, but was told "That is not an option." I was told repeatedly that if I did not pay within 1 hour, they would have someone dispatched to my office to arrest me. Mrs. Lopez actually said to me, "I would hate to have to dispatch someone to a church." (I work in a church.) I was very upset and I contacted my attorney who thought this seemed very bogus.

I called them back to let them know I had spoken with my attorney and to ask them more questions, such as their full names. Ms. Lopez became extremely angry and would not give out her name, and hung up on me. She said, "Attorneys don't scare me." I was not able to pay the amount due by 10:45. I called them and they told me they could "override their system" to make it due by noon, but at that point they would have to file charges with the "Tarrant County authorities." I asked their procedure for filing such charges, and was told only that "it will be processed and you will suffer the consequences."

After speaking with several attorneys, I decided to wait it out and try to pay the balance this evening. After my noon deadline had passed, at 1:15, I contacted both our local District Attorney's office AND the local Sheriff's office to see if anything had been filed under my name. It had not.

I contacted Empire again to ask who they had spoken with and what agency they intended to file with. They would not answer my questions and hung up on me. I called back again and asked for a supervisor or manager and was given the same person. I told her that I had contacted local authorities and they had no record of anything being filed in my name, and I asked AGAIN if I could pay my balance due later this evening. The woman at Empire became extremely irate and began yelling at me. She said, "Mrs. Burkholder, I told you not to call here again. This is harassment. The charges are being filed and you will be arrested. Don't bother sending us any money, I am going to call and tell them you are harassing us now. Have a good day." She promptly hung up on me. I called back again to ask for someone else and was again told I was harassing them and was hung up on.

I am EXTREMELY upset about this. Their actions violate all fair debt collection practices. I was contacted here at my office when I have a working home and cell phone numbers, which they have. The employees were rude and extremely threatening. It is illegal to threaten someone with prosecution if you do not intend to follow through. I am willing to do whatever needs to be done about this.

Pamela
Fort Worth, Texas
U.S.A.