Complaint Review: Caine Weber - Schaumburg Illinois

Okay, so you understandably have a few questions, and there are a few others that you should be asking:

1) "Don't they have to send me something or notify me other than by cell phone?"

Yes, if they sue you they most certainly have to notify you of the lawsuit in accordance with the relevant court rules. But if they don't intend to sue, they can call you at least once prior to sending a written communication.

2) "Can I sue them here in Ga?" 

Probably. By calling you in Georgia and attempting to collect on a debt, they are transacting business in Georgia and thus subject to the laws of that state. Jurisdiction and venue should be kosher.

But what would you sue them for? It's not against the law for them to not listen to your side of the story over the phone. However, they likely have to send a written communication before calling you again, and once you receive that communication you have 30 days to tell them that you dispute the debt and why. They then have a limited duty to investigate the dispute and verify the validity of the debt.

If they find that there is a substantial doubt as to the validity of the debt, further collection activities could potentially amount to FDCPA and/or FCRA violations, defamation, and a host of other potential claims.

Also, if they are calling your cell phone and using an auto-dialer (you can tell if they are using an auto-dialer if, after you answer and say "hello," there is no immediate response), this is likely a violation of the Telephone Consumer's Protection Act.

The most viable, potential claim I see from your report is an FDCPA complaint for threatening to take legal action where no such action is intended. In other words, it's against the law to threaten someone with a a lawsuit when you don't actually intend to sue.    

3) Can they get a judgement against me without me knowing about it? 

Short answer, yes. Long answer: the law sets forth a few different ways whereby a plaintiff can notify a defendant of a lawsuit, but there is no requirement of "actual" notice. As long as the proper noticing procedures are followed, a vaild judgment can be rendered without you ever knowing that you were being sued.

Many unscrupulous collection agencies are infamous for employing manners of service of process that meet legal requirements, but are likely to result in a lack of actual notice. However, a lack of actual notice usually provides a pretty solid foundation for a motion to set aside a default judgment.

4) Can this agent be doing this and using her address to get revenge?

Sorry, but I don't really understand this question.

5) What to do? 

Send a letter disputing the validity of the debt, along with a cease and desist letter. After this, they can send one more communication apprising you of their findings regarding your dispute and informing you of their intentions from that point on. And since you disputed the debt, they also have to provide information/documentation verifying the debt. Any further communications, aside from legal process, would be a violation of the FDCPA.

Best of luck!

If I were you I would change my cell # . That way these clowns wont be able to contact you

Today I received a phone call from 1-847-407-2320.  The caller identified themselves as Caine Weiner Law Offices.  They told me I owned them over $500 for an insurance policy I had 2 years ago and cancelled after a claim that put me out of business.  They weren't interested in any facts.  Don't know where they got my phone #, have not received anything in the mail.  I called my local agent and he confirmed my previous policy was cancelled with a $0 balance due.  Caine Weiner said I was going to be sued and I was bringing this on myself for not paying them. ??? Don't they have to send me something or notify me other than by cell phone?  Can I sue them here in Ga after I record their conversation?  Can they get a judgement against me without me knowing about it?  Can they ruin my good credit rating over this?  If anyone can help me with what to do next, please post to this report.  Thanks.