Pentagroup Financial filing litigation ripoff Houston Texas
I received a phone message from Pentagroup Financial saying that they had some of my personal files on a bad debt totaling $8000.00 and they were starting litigation against me.
I am unemployed and take care of my husband,who is total disablity and also my grandsons. I know that I owe this but can't pay them right now, the debt is two years old. They said that they would put a lien on our house if I do not take care of this right now.
I am just so afraid of losing our house over this, that I don't know what to do. Can they take our house?
Laura
Oklahoma City, Oklahoma
U.S.A.
2 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Laura...NO, they CANNOT take your house..AND..
#3Consumer Suggestion
Tue, September 19, 2006
Laura,
Fight them on this collection! Send them a DEMAND for DEBT VALIDATION. DEMAND that they provide something you signed to create the debt as well as a full account history, and proof that they are legally entitled to collect it as well as that they are licensed to do debt collections where you live.
Send this by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.
DO NOT ignore them if they file suit. They can then get a default judgement against you. This is what they count on. Do not give it to them.
FYI...NEVER speak to any collector on the phone. NEVER!!! There is absolutely nothing positive in this for you, and almost always will result in making things worse. IMMEDIATELY upon first contact, send a CEASE COMMUNICATIONS request as per your rights under the FDCPA.
Even the threat of "filing litigation" is illegal unless they are able and willing to do so, and intend to do so.
AND..No one can take your home unless you default on your home loan itself. And, a lien can only be filed AFTER you have been sued and lost. Knowledge is power. I suggest you study a little on the laws that affect your life.
Good luck.
Lou
Houston,Texas,
U.S.A.
pentagroup resolution
#3Consumer Comment
Fri, August 04, 2006
I have been iin collection for 10 years and some of this envolved litigation. In Texas a company recieving a judgment or default judgement will file a an abstact with the clerks office. This effects the homestead as well. A writ of execution will be issued to the Constable of the presiding county and he is authorized to seize any non-exempt property. Althouh a lein is placed on the homested;; the company MUST remove from said property. This would be the homestead, 1-2 vehicles depending on if single or maried. If there is other property that would be non-exempt and subject to liquidatin. Bottom the company/attorney did what the law allows and nothing wrong if there is authorization to take such action from the company that ownes the debt.
Bottom line if a leiin is placed on exempt property, certify a letter to the compamy/attorney; county clerk; tx attorney general as well as the Federal Trrrade Commission. You will recieve a release thet yoou will have to take to the clerk's office and would be removed.