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  • Report:  #279353

Complaint Review: Afni Inc. - Bloomington Illinois

Reported By:
- O'Brien, Oregon,
Submitted:
Updated:

Afni Inc.
P.O. Box 3427 Bloomington, 61702-3427 Illinois, U.S.A.
Phone:
866-308-1160
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Well I got my Collection Notice for $210.71 yesterday from Afni inc. LOL. I never had this phone number. Everyone needs to do a little searching on www.californiadebtblog.com and on www.budhibbs.com The statute of limitations in California is 4 years, but you must read up on the Fair Debt Collection Practices Act to understand what the limitations mean.

I have never had the phone number they claim I owe money for and I as everyone else never received a bill from Verizon and Verizon never took me to court. This is where the statute of limitations come in. If I had owed Verizon this money, Verizon had 4 years to take me to court and get a judgement against me. But since this didn't happen Verizon sold names to Afni inc for 10 cents on the dollar. Afni is sending out these letters and when or if you call them they try to threaten you with judgements and such. By the Fair Debt Collection Practices Act they can not sue you nor take anything away from you. The only thing they can do is call you from 8:00am - 9:00pm and ask you very nice if you would pay this. They can not threaten you or be nasty with you. If everyone would put a recorder on their phones and call Afni and before anyone says anything, tell the person you are talking to that you are recording this converstion I'll bet they will A. talk nice to you or B. hang-up on you. The only way they can get money from you is if you give it to them.

They can not by law report to any credit reporting agencies without making a violation of the Fair Credit reporting Act.

You can do one of three things about this. I hope everyone picks # 3

1. You can pay them.

2. When they call you just tell them you are not paying and hang up.

3. You can copy the letter below and mail it certified return receipt to them.

If you pick this one, you will never hear from them again! If you do hear

hear from them just follow-up with what you told them in this letter.

YOUR NAME DATE

YOUR ADDRESS

(Sent via CERTIFIED RETURN MAIL # write your mailing # here with RETURN RECEIPT)

Afni, Inc.

P.O. Box 3427

Bloomington, IL 61702-3427

Re: . Account # Afnis account number For: $000.00

Dear Afni, Inc.

This will serve as your legal notice under provisions of federal law, the Fair Debit Collection Practices Act (FDCPA) and the Rosenthal Act, to cease all communication with me in regard to the debit referenced above.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.

I have decided that I do not desire to work with a collection agency under any circumstances. I will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified while this debt is being disputed, you cannot report this debt to the credit reporting agencies, please contact the credit reporting agencies, inform them that the debit is disputed, and ask them to delete it from my credit report. Reporting information that you know to be inaccurate, or failing to report information correctly, is a violation of the Fair Credit Reporting Act and other applicable laws.

Please give this very important matter the attention it deserves.

Sincerely,

Sign your name here

type your name here

NOTE: This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.

Try2ripmeoff

O'Brien, Oregon

U.S.A.


1 Updates & Rebuttals

Robert

Buffalo,
New York,
U.S.A.
Not true!

#2Consumer Comment

Thu, October 18, 2007

""By the Fair Debt Collection Practices Act they can not sue you nor take anything away from you."" I see NOTHING in the federal FDCPA that bars anyone from sueing anybody! What the statute of limitations does is provide an affirmative defense if a debtor is sued. However, the court is not going to automatically toss a suit because of the SOL being expired. The defendant MUST AFFIRM an expired SOL defense. This is exactly what these junk buyers hope for. They will file a lawsuit even though the SOL is expired in the hopes for one of two things: 1 - they hope that the person panics and sends in a payment which infact will reset the SOL clock and can be used to affirm that the debt belongs to the person making the payment. 2. They file a suit in the hopes that the defendant IGNORES it and then they WIN a DEFAULT judgement against the defendant. If there is a section of the FDCPA that states that someone can't sue you because of the SOL please point it out - section and paragraph number. The danger to most folks is that the receive a notice and because the debt isn't theirs, they ignore it! This is what the junk debt buyers want, because then the have a good reason to believe that the same person will ignore SERVICE for a pending lawsuit - PRESTO, they get the default judgement. It is better to send a certified, return receipt requested letter to the debt collector/junk debt buyer DISPUTING the debt as not yours. The burden of proof is on them. Demand that they validate the debt as well. This covers all bases with them. You give them notice that it's not your debt, and per the FDCPA they MUST NOTIFY you as to who owns the debt (the creditor.) Then you can send a certified letter to the CREDITOR to dispute the debt. Note: letters to ONLY the debt collector often times only gets that particular collector off your back. Many times, the CREDITOR will come after you again several months later via a different collection agency. This is why I always recommends a certified letter that DISPUTES the debt and demands VALIDATION. Getting the collector to back off is the immediate goal, but the CREDITOR needs to be put on notice that the debt is disputed (many times the collector merely drops collection efforts without telling the creditor why). Demanding validation requires the debt collector to give you a written notice as to who the CREDITOR is so that you may contact the CREDITOR directly. Hope this helps.

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