Complaint Review: Giove Law OfficeP.C. - Buffalo New York

If you are referring to me,you are incorrect. I think that banks should take care of their own business and not sell off lists to debt collectors. We do not believe debt collectors ever deserve to be paid.That is our opinion. Some people want to work out a deal.That is their right and they should know how to negotiate a proper settlement if that is what they want.If you don't know how to negotiate,you will often get a solution you don't like. You imply that collectors can never collect.Well, people are not stones.Check the court info websites and you will find thousands of garnishments.Judgments are collectable everywhere,even in Texas. I also believe that people should know how to properly defend against collectors,whom they believe have no right to collect. They should know all of the facts.Debt buyers rely on people not knowing what's really going on. I think,in general,you are doing the right thing and trying to help people not to be taken advantage of.I know it's frustrating that they won't stay off the phone.You have to remember that you have a lot of experience in doing this and you are probably smarter than the average person. P.S: My birds love your posts.

You should also check out Bud Hibbs website at BudHibbs.com He has all kinds of info on Giove as well as other bottom feeder agencies. And "Tom" is a debt collector; don;t pay any attention to him. He's your typpical bucket-carrier for the collection agency industry.

The link is for the Statute of Limitations for each state. It came from Bankrate.com...a banking site helping people handle their debts, the legal way. I hope ED doesn't zap the link, as it contains a wealth of good information. I got the link from MSN.com. (((ROR REDACTED LINK FOR SECURITY PURPOSES))) The link contains the information needed to make collectors go away, and explains what laws they are violating. Steve from Florida is "dead-on" with his info, and Bankrate gives even more. It is illegal to redate a debt, and all the junk collectors try to do it. Don't talk to them when they call, don't do anything other than a certified letter with return reciept. Deny, deny, deny, until they can prove the debt is yours. Even if it is a good debt, once you've passed the SoL, they cannot sue you...unless you send a payment, or talk to them acknowledging the debt. If you acknowledge the debt, they have it on tape and the debt is now LEGALLY able to be collected in court. Never admit the debt is yours. That's the biggest thing. Having an illegally redated debt on your credit report is easy to remove. The SoL for your state, and the lack of payment during that time is pretty much all you need. The collector has no choice but to send you a payment history for the debt. Demand it. They won't be able to in most cases, as all they have is a name, account number and an amount owed. They bought it for pennies, hoping to make big bucks. Demanding the payment history is not an admission, or even an aknowledgement of the debt. You are simply making the collector work. They hate that. The collector will simply move on to someone else who isn't so annoying as to demand the law be followed. They will sell the paper to another collector, and so on. Eventually, they get tired and go away. Good luck. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Giove Law Office is a SCAM! DO NOT pay them a cent or give them any of your banking information. These people buy OLD debts and attempt to collect the amounts due. The problem with these OLD debts is that they are OLD! and the statute of limitations has run on them. Each state has different time periods for different types of debts, Google "debt statute of limitations (YOUR STATE)" and you should get several results that will have the information for your state. DO NOT pay them because the money will not go to the principal, it will go to the collectors and they will do nothing to remove the "bad mark" on your credit report. Ok, So Now What? If these turd eating scumbags calling you everyday trying to take your money? No Problem! Getting the calls to stop is EASY! Keep notes of all conversations, record them if your state allows it. 1) Take notes and keep records of every phone conversation you have with them. Don't forget to get their names! 2) According to the FDCPA all collectors MUST send you a statement of your account and their intent to collect the debt. The CHEEP scumbags will ask you if you have a fax machine, Tell them You do not have a fax machine. Next they will ask you if your work has a fax machine, again, tell them you have NO fax machine you can receive personal transmissions. Tell them to mail you the statement and you WILL NOT discuss this matter further until you receive it, this is the last thing they want to do because it SLOWS the collection process. Time is on YOUR side NOT Giove's!! The longer things take the less likely you will pay. Here is where you can lead them on a bit, tell them you will pay but you want to see the statement of the account FIRST! 3) When the letter arrives, file it with the envelope with your other notes. When someone from Giove calls tell them that you have not received the letter and you will not discuss this matter until you receive it and hang up. This will frustrate them, they might call right back or wait a day or two, when they do call back your story is the same, no letter has arrived and since there is no letter you will not discuss the debt or payment. Also you should tell them to resend it. Keep this going as long as possible and make them send as many letters as you possibly can. After the 4th or 5th letter they will give up because THEY ARE TOO CHEEP TO BUY STAMPS!!!! Faxing letters is very inexpensive and easy for them, sending letters is expensive and slow. With a Fax they get instant confirmation You received the Statement with a letter they CAN NOT PROVE it was delivered because THEY ARE TOO CHEEP TO PAY FOR A RETURN RECEIPT or DELIVERY CONFIRMATION!!!! Seriously, what can they do? Call you a liar? Their primary tactic is to catch you off guard and keep you on the defensive. YOUR BEST Defense is to be educated, learn the laws and use them to your advantage. They might use threats of LAW SUITS or other forms of intimidation and coercion. If they do threaten you with legal action they have a set time frame to file it, if they do not then they have violated a law the prohibits the use of this type of threat and it is this is grounds for a law suit which you can easily win if your state allows recording of phone calls. The likely hood that these guys have a license to collect debts in your state is slim to none, this is grounds for a law suit which you can easily win. First you have to check with the division of government that deals with bill / debt collectors. In the state I live in I can look this information up online, use Google and search for debt collectors license (YOUR STATE) to find the agency then check to see what the look up procedure is. Once you confirm that they do not have the correct permit to collect debts in your state, you file a suit against them in civil court for violating your states requirement to have a permit and your rights according to the FDCPA, the maximum penalty is $1000.00 in Federal Court. Some states allow punitive awards for violations of state FDCPA. The collectors at Giove will claim to be a legal assistants and they will deny being debt collectors. In my case the collector said they were a legal assistance, this statement told me that the collector was ignorant of the proper usage of pronouns and adverbs. It's doubtful this person finished high school. The funny thing is, on Gioves website they clearly state they are debt collectors. If they do file a law suit against you it's your lucky day because (1) you can easily win by stating in your response that the statute of limitations has run on this debt (2) now you can counter sue them for violations of the FDCPA. PS: I was as Rude as I could possibally be by calling them every bad thing I could think of. I did this to throw them off their script, take control of the conversation and to made their job as difficult as possible!!! They gave up after a few weeks of punishment because these people are weak!

Tom, You yourself stated that statistics apply to populations, not people. Therefore my individual numbers do not apply, right? And, even if they did, notice I said HUNDREDS of collectors in 5 years, NOT 7!. You really have a severe reading problem. FYI..You say i live to argue..blah.blah rlated to me paying judgements. Arguing has nothing to do with anything. I never argued with one collector or attorney. I simply don't speak to those fools. Ever. No argument. They are FOOLS. They are trying to impose authority they don't have, and most of them never even read the FDCPA or any state law. Most of them probably can't read. If they are not total fools, why have they not colected one dime from me in 5 years, and why have they allowed all debts to go past SOL? It is because they are lazy and incompetent. If these collectors have such rock solid cases, why even bother calling debtors? Send 1 notice, wait 15 days, file a lawsuit. Thats easy. Thats the way it should be done. However, these lowlife bottomfeeding cracksmoking parasites know they cannot legally collect on the debt, so they resort to illegal harassment to see what they can get on a debt they are not able to collect legally, or do not have complete info to validate it in court. You are just pissed off because you probably failed the bar exam and were doing collections on the side. My record speaks for itself. i have no need to prove anything to you. You can go back to your cubicle now. The crack pipe is in the top drawer. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Here is what you wrote: "34=21%.And statistics apply to populations not to individual people.If you have one account and you're being sued,then for you it's 100%.Alot of people posting here are being sued. The chance of you being sued is based on how you respond to them.For some people their chance is near zero and for others it's almost 100%. You say,if they're not fools,why couldn't they beat me?Does that mean someone has to be a real fool not to be able to beat you? It is not illegal to try to attempt to collect a debt that is "out of stat". You don't have time to argue?You live to argue.If you weren't good at it,you'd be paying off a lot of judgments right now". Tom - Marquez, Texas U.S.A. >>>>>>>>>>>>>>>>>>>>>

7/34=21%.And statistics apply to populations not to individual people.If you have one account and you're being sued,then for you it's 100%.Alot of people posting here are being sued. The chance of you being sued is based on how you respond to them.For some people their chance is near zero and for others it's almost 100%. You say,if they're not fools,why couldn't they beat me?Does that mean someone has to be a real fool not to be able to beat you? It is not illegal to try to attempt to collect a debt that is "out of stat". You don't have time to argue?You live to argue.If you weren't good at it,you'd be paying off a lot of judgments right now.

Tom, I can see that you just like to argue here, but I really don't have time for it. The 1% figure is an approximate percentage accepted by many consumer advocates, as well as from my past experience. Those 7 who actually came after me never got past the filing. I got each one dismissed before they ever went to trial, and this was a period of approx 5 years with 34 accounts. I dealt with hundreds of collectors in those 5 years. That is what I said. Collectors. This includes lawyers and debt buyers. Any lawyer who does debt collection is a moron. If they are not fools, how come they couldn't beat the little guy? How come they couldn't get paid? After all, during that time period the debts were still in stat. I am not a lawyer, and do not pretend to be. So why couldn't these FOOLS beat me? It's because I can play dirtier than they can, and I play for keeps. I don't just beat them, I destroy thier entire life as they know it and thier business. And..FYI..It IS ILLEGAL to report the collection of any account that is not legally collectable to the credit bureaus. This is a big payday for the debtor, and the debtor can also file FELONY fraud charges on that collector, and can get the "attorney" dis-barred. There is a little thing called "due diligence" that an attorney is supposed to practice. This is BEFORE engaging in harrasment and collections and damaging someones credit, etc.

Everyone should get a copy of their credit report at least once a month. You are entitled to one free report from Equifax,Experian and TransUnion once a year. The free government ordered website is annualcreditreport. (((ROR REDACTED PHONE NUMBER AND ADDRESS FOR SECURITY PURPOSES))) Always independently verify this type of information.Check ftc.gov.(There are a lot of weasels and scammers trying to get your info). Check the list of everyone who has received your report.It must be included in your report.If you see anyone receiving your report who is not authorized by you to do so,you need to write to the credit bureau and ask that the unauthorized person be prevented from further access. Also check the "date of last activity" for each account.If it is not included you should request it.Sometimes the credit bureau will put the date that the account is scheduled to be removed.This date is usually 7 years from the date of last activity.So removal date minus 7 years equals the date of last activity. The Statute of Limitations starts running from the date of last activity. Sometimes Collection agencies will deliberately change the date of last activity to make the account stay on your report longer and to try to avoid the Statute of Limitations.NCO is famous for this dirty trick.They even have a court order forbidding them to do it,ever again.Don't let them get away with this illegal action. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Everyone should get a copy of their credit report at least once a month. You are entitled to one free report from Equifax,Experian and TransUnion once a year. The free government ordered website is annualcreditreport. (((ROR REDACTED PHONE NUMBER AND ADDRESS FOR SECURITY PURPOSES))) Always independently verify this type of information.Check ftc.gov.(There are a lot of weasels and scammers trying to get your info). Check the list of everyone who has received your report.It must be included in your report.If you see anyone receiving your report who is not authorized by you to do so,you need to write to the credit bureau and ask that the unauthorized person be prevented from further access. Also check the "date of last activity" for each account.If it is not included you should request it.Sometimes the credit bureau will put the date that the account is scheduled to be removed.This date is usually 7 years from the date of last activity.So removal date minus 7 years equals the date of last activity. The Statute of Limitations starts running from the date of last activity. Sometimes Collection agencies will deliberately change the date of last activity to make the account stay on your report longer and to try to avoid the Statute of Limitations.NCO is famous for this dirty trick.They even have a court order forbidding them to do it,ever again.Don't let them get away with this illegal action. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Everyone should get a copy of their credit report at least once a month. You are entitled to one free report from Equifax,Experian and TransUnion once a year. The free government ordered website is annualcreditreport. (((ROR REDACTED PHONE NUMBER AND ADDRESS FOR SECURITY PURPOSES))) Always independently verify this type of information.Check ftc.gov.(There are a lot of weasels and scammers trying to get your info). Check the list of everyone who has received your report.It must be included in your report.If you see anyone receiving your report who is not authorized by you to do so,you need to write to the credit bureau and ask that the unauthorized person be prevented from further access. Also check the "date of last activity" for each account.If it is not included you should request it.Sometimes the credit bureau will put the date that the account is scheduled to be removed.This date is usually 7 years from the date of last activity.So removal date minus 7 years equals the date of last activity. The Statute of Limitations starts running from the date of last activity. Sometimes Collection agencies will deliberately change the date of last activity to make the account stay on your report longer and to try to avoid the Statute of Limitations.NCO is famous for this dirty trick.They even have a court order forbidding them to do it,ever again.Don't let them get away with this illegal action. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Everyone should get a copy of their credit report at least once a month. You are entitled to one free report from Equifax,Experian and TransUnion once a year. The free government ordered website is annualcreditreport. (((ROR REDACTED PHONE NUMBER AND ADDRESS FOR SECURITY PURPOSES))) Always independently verify this type of information.Check ftc.gov.(There are a lot of weasels and scammers trying to get your info). Check the list of everyone who has received your report.It must be included in your report.If you see anyone receiving your report who is not authorized by you to do so,you need to write to the credit bureau and ask that the unauthorized person be prevented from further access. Also check the "date of last activity" for each account.If it is not included you should request it.Sometimes the credit bureau will put the date that the account is scheduled to be removed.This date is usually 7 years from the date of last activity.So removal date minus 7 years equals the date of last activity. The Statute of Limitations starts running from the date of last activity. Sometimes Collection agencies will deliberately change the date of last activity to make the account stay on your report longer and to try to avoid the Statute of Limitations.NCO is famous for this dirty trick.They even have a court order forbidding them to do it,ever again.Don't let them get away with this illegal action. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

At least this time you were specific. First I said that the debt is sold in bulk for under 5 percent.I also gave an example of them paying $100.00 for a $5,000.00 debt,which is two percent.How does your first point clarify anything? Next,"lawsuits mean nothing"? Really? there are a lot of people who will disagree.People are not stones.There are a lot of people who are very concerned about being sued.And there are a lot of people paying judgments.Collectors would not file suit if there was no money in it.These guys drive around in brand new mercedes paid for,one lawsuit at a time. 3)Less than 1% will file a lawsuit ? You state that (7) law firms attempted to sue you in the past 4+ years.So unless you've had 700 credit card accounts go into default,your math just does not hold up.I think I remember you saying that the number was about 24. 7/24=29%.Get a calculator and check it for yourself. 4)They know they have to prove the debt in court? No,they do not know that.What they know is that they only have to prove it if the defendant challenges them to prove it.They know that they do not have to meet the burden of proof unless they are opposed.They win most cases by default. 5)Just because a debt is "out of stat" does not mean that it is illegal for them to collect it.What it does mean is that the defendant can use it as an affirmative defense. 6)I did state that I would never pay a third party collector.That is our opinion.I agree that paying them is a big mistake.But if someone wants to settle that is their right and they should know how to do it properly. 7)I did state to only communicate in writing. Also,you continuously refer to these guys as "fools".Well,they don't just hand out law degrees to just any "fool".You have to earn them. One of the biggest mistakes someone can make is to underestimate their adversary.Check Sun Tzu for more details. Anyway,thanks for the "real facts".

The real facts for Tom.. Tom, First of all, a freshly charged off debt usually goes for no more than 3 cents on the dollar. Very rarely does an unsecured debt go for more than that. At ime of charge off the debt is at least 7 months behind, and by the time it is sold and someone actually starts collecting it, it is usually at least 1 year behind. A debt buyer will usually make a decision in 90 days or lees to keep a debt or re-sell it. As far as lawsuits go, they mean nothing. You cannot get blood out of a stone, and even if you do get a garnishment on someone they can challenge it with a means test and get it reduced or eliminated altogether. Garnishments are always a percentage of disposable income. And, as you know garnishments for civil judgements in TX are illegal. Most debt buyers will never file a lawsuit. Less than 1% will actually file. These are pretty good odds. If I can run off 99% of collectors with my tactics, that means I only need to fight 1%. You are right, the CEASE COMMUNICATION letter only gives them 2 options. 1. Walk away, give up, re-sell the "debt" 2. Spend the time and money to file a lawsuit. The CEASE COMMUNICATION is not a dispute of debt. It is simply a statement informing the collector you are excercising your rights under the FDCPA. " I hereby demand that you cease all communications with me by any means for any reason other than to inform me of your intent of further action". Now, they either file the lawsuit or give up. 99% give up at this point. They know they will have to prove the debt in court, and they also know they cannot meet the burden of proof to do so. This is because most of the debts are "out of stat" and cannot be legally collected, and they know it! Paying a third party collector / debt buyer is the biggest mistake you can ever make. This hurts your credit more than just letting it go the course of SOL and the original 7 year negative reporting. Paying it does not get it off your credit report, it will show for 7 more years as a paid collection. Your credit score will drop big time. The biggest ABSOLUTE RULES are to NEVER call or speak to ANY third party collector, and NEVER pay any third party collector. Cut off all contact and wait for the summons, if any. Anyone can do this. They just have to be firm.

The real facts for Tom.. Tom, First of all, a freshly charged off debt usually goes for no more than 3 cents on the dollar. Very rarely does an unsecured debt go for more than that. At ime of charge off the debt is at least 7 months behind, and by the time it is sold and someone actually starts collecting it, it is usually at least 1 year behind. A debt buyer will usually make a decision in 90 days or lees to keep a debt or re-sell it. As far as lawsuits go, they mean nothing. You cannot get blood out of a stone, and even if you do get a garnishment on someone they can challenge it with a means test and get it reduced or eliminated altogether. Garnishments are always a percentage of disposable income. And, as you know garnishments for civil judgements in TX are illegal. Most debt buyers will never file a lawsuit. Less than 1% will actually file. These are pretty good odds. If I can run off 99% of collectors with my tactics, that means I only need to fight 1%. You are right, the CEASE COMMUNICATION letter only gives them 2 options. 1. Walk away, give up, re-sell the "debt" 2. Spend the time and money to file a lawsuit. The CEASE COMMUNICATION is not a dispute of debt. It is simply a statement informing the collector you are excercising your rights under the FDCPA. " I hereby demand that you cease all communications with me by any means for any reason other than to inform me of your intent of further action". Now, they either file the lawsuit or give up. 99% give up at this point. They know they will have to prove the debt in court, and they also know they cannot meet the burden of proof to do so. This is because most of the debts are "out of stat" and cannot be legally collected, and they know it! Paying a third party collector / debt buyer is the biggest mistake you can ever make. This hurts your credit more than just letting it go the course of SOL and the original 7 year negative reporting. Paying it does not get it off your credit report, it will show for 7 more years as a paid collection. Your credit score will drop big time. The biggest ABSOLUTE RULES are to NEVER call or speak to ANY third party collector, and NEVER pay any third party collector. Cut off all contact and wait for the summons, if any. Anyone can do this. They just have to be firm.

The real facts for Tom.. Tom, First of all, a freshly charged off debt usually goes for no more than 3 cents on the dollar. Very rarely does an unsecured debt go for more than that. At ime of charge off the debt is at least 7 months behind, and by the time it is sold and someone actually starts collecting it, it is usually at least 1 year behind. A debt buyer will usually make a decision in 90 days or lees to keep a debt or re-sell it. As far as lawsuits go, they mean nothing. You cannot get blood out of a stone, and even if you do get a garnishment on someone they can challenge it with a means test and get it reduced or eliminated altogether. Garnishments are always a percentage of disposable income. And, as you know garnishments for civil judgements in TX are illegal. Most debt buyers will never file a lawsuit. Less than 1% will actually file. These are pretty good odds. If I can run off 99% of collectors with my tactics, that means I only need to fight 1%. You are right, the CEASE COMMUNICATION letter only gives them 2 options. 1. Walk away, give up, re-sell the "debt" 2. Spend the time and money to file a lawsuit. The CEASE COMMUNICATION is not a dispute of debt. It is simply a statement informing the collector you are excercising your rights under the FDCPA. " I hereby demand that you cease all communications with me by any means for any reason other than to inform me of your intent of further action". Now, they either file the lawsuit or give up. 99% give up at this point. They know they will have to prove the debt in court, and they also know they cannot meet the burden of proof to do so. This is because most of the debts are "out of stat" and cannot be legally collected, and they know it! Paying a third party collector / debt buyer is the biggest mistake you can ever make. This hurts your credit more than just letting it go the course of SOL and the original 7 year negative reporting. Paying it does not get it off your credit report, it will show for 7 more years as a paid collection. Your credit score will drop big time. The biggest ABSOLUTE RULES are to NEVER call or speak to ANY third party collector, and NEVER pay any third party collector. Cut off all contact and wait for the summons, if any. Anyone can do this. They just have to be firm.

The real facts for Tom.. Tom, First of all, a freshly charged off debt usually goes for no more than 3 cents on the dollar. Very rarely does an unsecured debt go for more than that. At ime of charge off the debt is at least 7 months behind, and by the time it is sold and someone actually starts collecting it, it is usually at least 1 year behind. A debt buyer will usually make a decision in 90 days or lees to keep a debt or re-sell it. As far as lawsuits go, they mean nothing. You cannot get blood out of a stone, and even if you do get a garnishment on someone they can challenge it with a means test and get it reduced or eliminated altogether. Garnishments are always a percentage of disposable income. And, as you know garnishments for civil judgements in TX are illegal. Most debt buyers will never file a lawsuit. Less than 1% will actually file. These are pretty good odds. If I can run off 99% of collectors with my tactics, that means I only need to fight 1%. You are right, the CEASE COMMUNICATION letter only gives them 2 options. 1. Walk away, give up, re-sell the "debt" 2. Spend the time and money to file a lawsuit. The CEASE COMMUNICATION is not a dispute of debt. It is simply a statement informing the collector you are excercising your rights under the FDCPA. " I hereby demand that you cease all communications with me by any means for any reason other than to inform me of your intent of further action". Now, they either file the lawsuit or give up. 99% give up at this point. They know they will have to prove the debt in court, and they also know they cannot meet the burden of proof to do so. This is because most of the debts are "out of stat" and cannot be legally collected, and they know it! Paying a third party collector / debt buyer is the biggest mistake you can ever make. This hurts your credit more than just letting it go the course of SOL and the original 7 year negative reporting. Paying it does not get it off your credit report, it will show for 7 more years as a paid collection. Your credit score will drop big time. The biggest ABSOLUTE RULES are to NEVER call or speak to ANY third party collector, and NEVER pay any third party collector. Cut off all contact and wait for the summons, if any. Anyone can do this. They just have to be firm.

I was first contacted about 1 yr ago from a Collins law office and I answered the call, the lady said it was regarding a law suit being filed against me she offered me a settlement I forget the amount now, after I did my research I found out they were debt collectors so I stopped answering the calls, however now I work for a finance company and this Giove law offices has been leaving me messages on my voice mail giving out personal information, I know from the collectors that I work with that this is illegal, what is the best course of action?

First a note to Steve:Your only advice was to send a cease communications request and to file a complaint with the FTC? You don't even say what he should complain about A cease communications letter doesn't stop them from filing a lawsuit. It may even encourage it. There is alot you should do to deal with this before it gets to court and to prevent it from going to court.(Ref:Jessica). Also,you have to understand that while you and I would never pay a third party collector,there are people who want to pay something. I do not believe that third party collectors are ever truly owed anything.They pay about $100.00 for an alleged debt of $5,000.00.Pretty good profit if you can collect.That's what it's all about.Usually banks sell of bad debt in bulk for under five percent. As this goes back to 12-14-2005 this matter may already be settled but if it's not or this can help anyone else,here is some more advice. Whenever someone contacts you and claims that you owe them money you need to request in writing that they send you a detailed explanation of their claim. You should request that they only contact you in writing by mail at a specified address. You should also give them a 30 day time limit to respond to your request or you will consider their claim to have been abandoned.You should send it certified,return receipt requested. You should not provide any information, all you should do is ask them to explain their claim. If they do not respond within 30 days from the date that they received your request you need to send them them a second letter stating that you now consider their claim to be abandoned If they do send you a response within the 30 days that you have specified,you should evaluate it and send one of two decisions : 1)That their claim is frivolous,that you really do not owe them anything and that they should cease all communications. 2)That while you do not necessarily agree that you own them anything you are willing to consider an offer from them in writing to settle. If their offer is good you should accept it. If it is not satisfactory to you you should reject it and tell them what kind of offer you might accept if they wanted to make it.You have alot of negotiation power at this point but you have to be very careful not to admit to anything. Don't be afraid to reject any offer. Example: if they offer that you pay $5,000.00 right now you might respond: "While I do not admit to owing you anything I may or may not accept an offer from you to settle this matter for a total of $2,000.00 payable in monthly installments of $50.00 for 40 months at zero interest. With no fees or penalties,ever." Only consider a writen offer. Don't you offer. Never talk to them on the phone. Always say in every letter to only contact you in writing by mail at a specified address. Send everything to them by certified mail only. It is important to get the plaintiff's detailed claim so you know exactly what you are dealing with. It is important,if this goes to court,for you to show that you gave the plaintiff a chance to explain their claim. Also if it does go to court you can ask that the plaintiff be limited to the complaint that they have already sent you. In virtually every case the Collection Agency will send you a response so weak that it is easily dismissed. You just send them a letter stating that you have considered their claim carefully, that you have decided that their claim is frivolous, that you do not owe them anything and that they should cease all communications. Also if the claim is too old you should add: "Even if you previously had the right to file a lawsuit on this claim,and I do not agree that you did,your time to do so has expired.". Once collection agencies get this kind of denial to their claim they usually won't file a lawsuit. In most cases the collection agency will just send you an "Account Verification" letter. This is not considered a reasonable response by most people because it does not tell you how much they paid or any of the other relevant details. If all you do is send a cease communications letter they will probably file a lawsuit because they are not allowed to call and harass you anymore. It makes them feel good to yell, scream and threaten people. It makes them feel like they might actually get results. If you want to run out the Statute of Limitations usually the best thing to do is get a new phone number and tell everyone else but them your new number. That gives the collection agency a voicemail on the phone number they already have that they can use to yell and scream at all they want and you can ignore until the statute of limitations runs out. If they have a working phone number they will rarely file a lawsuit.Just throw their demand letters away. You can listen to the voicemails if you need a good laugh. You can imagine their face all beet red and sweat pouring down as they try to sound mean and scary using words like imperative, warrant and excecution. Then once the Statute of Limitations runs out you can send the request for them to explain their claim. If they do file a lawsuit you should have a response typed up and ready to file.Usually a "Motion to Dismiss","Motion to Strike" or a "Motion for a more Definite Statement" will be a suitable response.Be sure to check your "State Rules of Civil Procedure" for information. If anyone believes that they may be about to be served a summons or is even being contacted by a collection agency,they should go to the law library at their local courthouse a study 5 critical books: 1)State Rules of Civil Procedure. 2)State Codes,Laws and Statutes. 3)Black's Law Dictionary. 4)The book with all court forms that you can copy. 5)A "How to represent yourself in court" book. Also while at the courthouse go watch court proceedings and visit the "Clerk of the Court". Never ignore a summons. If you have a court date and you do not show up the Plaintiff will request and they will be granted a "Default Judgement". They don't want you to show up because they automatically win if you don't. They know that if you do show up and deny their claim,they will probably lose. On your initial court date deny their claim and ask for a "More Definite Statement". Do not explain your denial or give any reasons for your denial. You don't have to,not yet anyway. Just set the next court date and get out of there. A request for a "More Definite Statement" (also called a "Bill of Particulars") means that you really do not understand exactly why the plaintiff is suing you and you need them to give you a better explanation. When you do that you don't have to answer anything yet because you don't know what exactly you are being accused of. I am not a lawyer. This is not intended to give legal advice to anyone,for any purpose or to address any specific matter. It should not be relied on or utilized as such. If you feel like you need legal advice you should consult an attorney licensed in your state.

Just a question (curiosity killed the cat haha)Anyways, if you don't know whaat the debt was for then you simply have to ask. They probably already told you but you were so upset you just forgot. There is no way to know about the statue of limitations because you don't even know what the debt was for in the first place. Have you moved recently and forgotten to update this with any of your creditors? It is a good idea to check your credit reports, but just remember if it is not there it doesn't necessarily mean you don't owe it. Some times credit bureaus have inaccuracies. You can call and ask for validation of the debt but if you are dealing with a debt collection office then you might also want to contact the original creditor.

It isn't necessarily illegal for any junk debt buyer to attempt to collect or to sue to collect an out of statute debt, however, it is your defense should it come to that. The problem is that some junk debt buyers will claim they have "served" you even if they have not and will then get a default judgment against you. It is in your best interest to stop them now before it goes that far.

You can't post web links on this site, but if you go to the Federal Trade Commission's website, you can search for fair debt collection act. I'll type out what I tried. I went to ftc.gov/os/statues/fdcpa/fdcpact This should explain everything. A good website for everyone to know about. Have a great holiday!

Is it a violation of the FDCP for attempting to collect debts out od statute or attempting to collect debts without a state license? Thanks for the advice

Hey Danny, these guys are right in that you do need to send Giove a validation request, and a cease-comm letter. If this debt is yours, and it is out of statute, that's great for you. Unfortunately, I have been doing a bit of research on Giove because they are trying to sue me for another company. I thought it was bogus and a scam as well, apparently not. He is really filing cases, and he is collecting quite a bit of money for them. He recently filed and collected judgements(in one day, mind you) all amounting to over $128,000. You have caught them on quite a few violations though, combined with this "supposed debt" being out of statute you should have more than enough to get this thrown out. I just thought you should know that I personally think Giove is a scammer, but a judgement is a very real possibility. Good Luck to you! Whatever you do, don't ignore the situation, OK?

I went thru this exact thing. I didn't owe it though. Send them a letter like this: Dear Debt Collector/Sir/Madam: I am writing in response to your phone calls at my work and home. According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location! In accordance with the federal FDCPA, now that you have received this stop calling letter, you may only contact me that you: Are terminating further collection efforts; Invoking specified remedies which are ordinarily invoked by you or your company; or Intend to invoke a specified remedy. Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA. Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls! If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family and workplace. I have yet to receive any type of correspondence via US Mail, and your phone messages are rude and vague. This is clearly a violation that I will pursue and inform the proper authorities, as well as my attorney, of. This letter is being sent to you via fax and via US Mail.Any future correspondence must be in writing only. Sincerely, Your name here OR SEND THEM THIS: Dear Debt collector; I am writing in response to your phone calls I received 12/14/2005. I do not believe I owe what you say I owe. This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b); Validating Debts: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collection shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. I respectfully request that you provide me with the following information: (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) provide a verification or copy of any judgment (if applicable); (4) proof that you are licensed to collect debts in Ohio Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items at your expense; you cannot add interest or fees except those allowed by the original contract or state law; you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA. Also please be advised that I am keeping very accurate records of all correspondence from you and your company, including recording phone calls and I will not hesitate to report violations of the law to the State of (where you live) Attorney General and the Federal Trade Commission. I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or credit bureau (CB) then, you must immediately inform them of my dispute of this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDPCA. I will not accept any phone calls at home, work, cell, or any other place in regards to this debt. I am respectfully requesting all correspondence be in writing to protect my rights. Sincerely, Your name here Or send them both. They both will work. DO NOT send them a nickel until they can prove you owe anything. This smells like a scam. Good luck!

The statutes of limitations in New York is 6 years. If the debt is from 1997, the stat is blown and they can not do anything to you. I will bet though that they put this on your credit bureau as a debt from the day they bought it. You need to look. They however must provide you proof of the debt in writing if you ask for it. If you go to the Federal Trade Commissions web site you will find The Fair Debt Collection Practices Act. This is the regulation that governs bill collectors. They are not allowed to make threats they can't carry out. Since the stats are blown they can't sue you. In order to put a lien on your home they have to sue you. Record the calls if your state allows that. Make all your demands in writing via certified mail. If you owe the bill, let your conscience be your quide. Sue them. The penalty for these acts is $1,000.00 per violation from both the firm and the collector. Most importantly fail a complaint with the Bar Association. Attorneys spend lots of time and money going to school. They don't like having their license compromised. They will offer you a settlement take it and move on. There are other intries on this form in the site. Do a search of them.

The statutes of limitations in New York is 6 years. If the debt is from 1997, the stat is blown and they can not do anything to you. I will bet though that they put this on your credit bureau as a debt from the day they bought it. You need to look. They however must provide you proof of the debt in writing if you ask for it. If you go to the Federal Trade Commissions web site you will find The Fair Debt Collection Practices Act. This is the regulation that governs bill collectors. They are not allowed to make threats they can't carry out. Since the stats are blown they can't sue you. In order to put a lien on your home they have to sue you. Record the calls if your state allows that. Make all your demands in writing via certified mail. If you owe the bill, let your conscience be your quide. Sue them. The penalty for these acts is $1,000.00 per violation from both the firm and the collector. Most importantly fail a complaint with the Bar Association. Attorneys spend lots of time and money going to school. They don't like having their license compromised. They will offer you a settlement take it and move on. There are other intries on this form in the site. Do a search of them.

The statutes of limitations in New York is 6 years. If the debt is from 1997, the stat is blown and they can not do anything to you. I will bet though that they put this on your credit bureau as a debt from the day they bought it. You need to look. They however must provide you proof of the debt in writing if you ask for it. If you go to the Federal Trade Commissions web site you will find The Fair Debt Collection Practices Act. This is the regulation that governs bill collectors. They are not allowed to make threats they can't carry out. Since the stats are blown they can't sue you. In order to put a lien on your home they have to sue you. Record the calls if your state allows that. Make all your demands in writing via certified mail. If you owe the bill, let your conscience be your quide. Sue them. The penalty for these acts is $1,000.00 per violation from both the firm and the collector. Most importantly fail a complaint with the Bar Association. Attorneys spend lots of time and money going to school. They don't like having their license compromised. They will offer you a settlement take it and move on. There are other intries on this form in the site. Do a search of them.

This is a scam. You need to send them a letter demanding proof of the debt. They won't have it, and will leave you alone after that. Even if you did have this account, the Statute of Limitations is way overdue, and you don't owe the money anyway. But as I said, they will not have proof of this debt, and by law they MUST provide that. If you give them any money, it goes into their pockets, not to whom the money is owed. Then, they will re-age the debt, meaning that it will go on your credit report as a new bad debt. Send that letter certified immediately!

Danny, First of all, the next time they call you, ask them what Credit Card it is that they claim you owe this money. Second, tell them that since they are not the original creditor, and they didn't borrow any money too you, you owe them nothing so they need to quit calling you! Third, if they persist, just let them know that they are violating the Fair Dept Collection Practices Act 15 U.S.C ss 1692-1692o. It is unlawful to threaten lawsuits or leans etc. under this act when there is none planned. In a nutshell, if they keep it up, report them to your Attorney General's office and the Federal Trade Commission. What they are doing is totally illegal!! Hope this helps you!! Merry Christmas!!

Danny, The first thing you ant to do is send a cease communications request to this collector. Thats right, collector. Law Office is a scam, they are collectors. Send this request by certified mail, return reciept requested. Then go to the FTC website and file an online complaint. It takes about 2 minutes and you get a confirmation that you can print out. File an FTC complaint each time after this whenever they call. Document all threats of any kind in the complaint. Call the three major credit bureaus and order your credit report so you can dispute the collection, and related entries. These reports are FREE once per year, by federal law. Good luck~

You need to send them a letter telling them they are to validate the debt. They have to prove that YOU owe it and that THEY have a right to collect it. You need to advise them in the letter they are not to contact you via the telephone, by mail only. They are not to contact your relatives and/or friends. Find out if CA's and/or attorneys (I'm not sure this is a legit attorney's office) have to be licensed in your state. If you have not checked your credit reports yet please do so. If you give them any money, you are verifying that the debt is yours. Don't do it until they prove that they debt is yours and that they can legally collect it. Good luck.

You need to send them a letter telling them they are to validate the debt. They have to prove that YOU owe it and that THEY have a right to collect it. You need to advise them in the letter they are not to contact you via the telephone, by mail only. They are not to contact your relatives and/or friends. Find out if CA's and/or attorneys (I'm not sure this is a legit attorney's office) have to be licensed in your state. If you have not checked your credit reports yet please do so. If you give them any money, you are verifying that the debt is yours. Don't do it until they prove that they debt is yours and that they can legally collect it. Good luck.

You need to send them a letter telling them they are to validate the debt. They have to prove that YOU owe it and that THEY have a right to collect it. You need to advise them in the letter they are not to contact you via the telephone, by mail only. They are not to contact your relatives and/or friends. Find out if CA's and/or attorneys (I'm not sure this is a legit attorney's office) have to be licensed in your state. If you have not checked your credit reports yet please do so. If you give them any money, you are verifying that the debt is yours. Don't do it until they prove that they debt is yours and that they can legally collect it. Good luck.

You need to send them a letter telling them they are to validate the debt. They have to prove that YOU owe it and that THEY have a right to collect it. You need to advise them in the letter they are not to contact you via the telephone, by mail only. They are not to contact your relatives and/or friends. Find out if CA's and/or attorneys (I'm not sure this is a legit attorney's office) have to be licensed in your state. If you have not checked your credit reports yet please do so. If you give them any money, you are verifying that the debt is yours. Don't do it until they prove that they debt is yours and that they can legally collect it. Good luck.