Steve
Bradenton,#2Consumer Suggestion
Thu, June 28, 2007
Sandra, The first thing I have to say is STAY OFF THE PHONE!! Never call or speak to any debt collector on the phone! NEVER! Always demand that everything be in writing. The only reason you ended up in court the first time is because you spoke to them on the phone, and gave them information. I know this because they could not have filed a lawsuit with the information they had on this debt. Here's why. These junk debt buyers buy very old, usually past SOL legally uncollectable accounts for sometimes less than a penny on the dollar. These "accounts" have very little, if any accurate info on the actual debtor included. So now, everyone with the same or similar name gets phone calls and letters. They are fishing. It has nothing to do with identity theft. Nobody opened any account in your name or obtained services in your name. That would be identity theft, and for them to steal your identity and obtain credit or services, they would at least need your SS# and DOB. This is why you never speak to them on the phone, as they try to "verify" who you are by asking for this information. NEVER do this. Then, they tell you to file a "fraud report" and they send you the forms asking for even more personal information, etc. NEVER do this!! This is just another collections trick. It appears that you are still on the phone. STAY OFF THE PHONE!! Here's what you do now to end this situation. Providing you are not actually being sued again. If there is an active lawsuit on you right now by Paragon, this will have to be done by means of a motion. Get an attorney ASAP to do this. If you are not ACTUALLY being sued right now, do this. As per your rights under the FDCPA, you need to send a DEBT VALIDATION request where you clearly deny the debt and you DEMAND the following. Demand to see the contract with your signature on it that created the debt. Also demand to see a full account history and itemization of all charges. Also demand to see the prooof that they own the debt which needs to include the purchase contract and proof of payment, and also a full chain of title back to the original creditor. Now, send this letter by certified mail, return reciept requested. Be sure to put the certified # on the letter itself and keep a copy for your records. This procedure is very important as it proves what you sent. Do this right away, and STAY OFF THE PHONE!!