Complaint Review: Smith Dean & Associates - David Baker

I was recently contacted (again) by a Mr. Robert Davis of Smith, Dean & Associates. His call was transferred to me by an employee within my employer's HR Department. He had introcuded himself to her as representing a doctor (who is the original creditor in this case), and that he needed to verify employment. He said he was with "legal", and would give little other information regarding the nature of his call. He told her it was over a "medical matter". She took his telephone number and agreed to contact him after she did some quick employment research on me.

She gave him all of the info that is legally allowed, start date, current title, etc. She then transferred the call to me.

Mr. Roger Davis did not read me my mini-miranda. He immediately started his script about a debt I had with Dr. Kassis, gave the service dates from the original bill, then told me I had until 1pm same day to pay the balance, or he would be forced to begin the process of filing a claim against me to have my wages garnished.

I asked him to validate the debt, because I wanted to know exactly what it was for, when it was from, and whether or not I could find enough info to contact the original creditor.

Mr. Roger Davis quickly took my fax information and had the original bill sent to me, directly from the original creditor.

I called him back as promised, and asked how long I had to take care of this valid debt. Though he threatened me with a deadline of 1pm earlier that day, the new time limit was 12pm. I believe all of this took place before 11am.

I advised Mr. Roger Davis that there was no way for me to cover the cost of the debt today, but that I would be glad to take care of it in four business days, on my next payday. He said it wasn't good enough, and that by the time I managed to come up with the money, he would have already filed the claim against me to have my wages garnished.

He offered solutions on how to take care of the bill, which included payday loans (another large client of theirs is a payday loan company - how convenient), borrowing from friends or family, using a credit card. I'm sure all of these suggestions are legal, but I had already made myself clear about the earliest date I would be paying the debt.

He then transferred me to a "closing specialist" who further threatened me with claims and garnished wages, and unreasonable (illegitimate) deadlines. She said her name was Lisa Sanchez. I asked Ms. Sanchez if her company was a collection agency. I was told the company (Smith, Dean & Associates) was a law office.

She too soon realized that I was not going out of my way to satisfy the loan on their terms, so she warned me again of the impending doom of garnished wages. I asked her how the process worked, and whether or not she thought I could "get lucky" and call to pay the account on Friday, in hopes of catching it before it went into the wage-garnishing process. By this time, I was sure that they were not a law firm, and I was sure that no one was going to garnish my wages. It seemed highly unlikely that they would spend $1,000 or more on legal fees and court costs to garnish my wages over a $200 debt.

She could not explain the process to me of having my wages garnished.

I terminated the phone call after I made myself clear to her that I was not going to pay the bill today.

Yet again on the same day, I was contacted by a Ms. Lisa Watts of Smith, Dean & Associates. She said she was processing my claim to have my wages garnished, and needed my home address. I advised her that it was clearly printed on the top of the statement that was faxed directly to me from the original creditor's office. I voluntarily updated my information with her, as I have no reason to hide. She seemed to be intentionally shuffling papers in the background, as if to scare me with the actual sounds of my wage-garnishing paperwork being filed.

Ms. Lisa Watts also sounded a lot like Ms. Lisa Sanchez, but I'm no voice expert.

I am filing a class action lawsuit against Smith, Dean & Associates. They did not cuss at me, hang up on me, or yell at me, as I have read on other forums, but she did lie to me. All of the representatives that I spoke with used wage-garnishment threats to scare me. All of the representatives I spoke with neglected to read me the mini-miranda. All of the representatives I spoke with claimed to be "lega" or a "law office".

I know better than to submit to these tactics, but I can't imagine how terrified other people must be when this company contacts them, their friends, and their family members.

I want to see this company close its doors and discontinue business.

If anyone has had similar problems with Smith, Dean & Associates, please contact me at lexielaughs@gmail.com. The more people who speak up, the more effective the case will be.

This company cannot be allowed to continue doing business this way!

Want to stop SMITH DEAN AND ASSOCIATES call STEVE COHEN with FEDERAL TRADE COMMISSION 202 326 3222 to report misrepresentation of employees like DAVID BAKER thats the only way you are going to GET RESULTS!!!!!!!

That is good advice. I also tell folks the same thing not to give out any imformation such as bank account #s when they do I tell them to close the account and reopen it with new #s. I also tell them if they call and ask for the new account # refuse to give it