Business Debt, Collections Supposed civil lawsuit regarding a nine year old debt

[Heretoask]

Approximately nine years ago, when I was a minor (~15 yrs old), my bank debit card was stolen from me. There were transactions done which caused the account to overdraft. I went through the whole procedure of getting a police report etc, and never used the account again. I had completely forgot about this situation until today, when I received a phone call. The lady who called asked me to confirm my name, then asked if I would be home between certain hours to accept papers that were being served to me for a civil lawsuit. She then gave me the phone number for the legal department handling the case, saying she would postpone serving the papers to give me time to try and settle the matter. I called the legal department and they told me I owe that bank $700 and I either had to pay it over the phone or attend a court date. I told him I don't know why I would even owe them money and explained the situation. He said that it is beyond arguing the debt amount. He told me that some of it is legal fees and Approximately $500 of it is what I was actually in debt. According to him, I was mailed a letter 45 days ago, giving me 45 days to contact them. I don't recall receiving anything, unless it got thrown away as junk mail and not opened. Does this seem to be a scare tactic, or the real deal?

 

[Proserpina]

Though I don't think it's likely, I hope you haven't waived the SOL. Here's a quick primer for you:

First, read this - in its entirety: http://www.nolo.com/legal-encyclopedia/illegal-debt-collection-practices.html

Second, if you want to put a stop to it completely, call the same number you called, ask the name and direct line of the person you're speaking with, and say this:

"Hi. This is regarding the account #. Per Federal law, you are required to answer this question truthfully: Is this debt time-barred?"

If they say yes: Remind them that again, per Federal law, they are prohibited from threatening legal action, and that any further attempt to collect on the time-barred debt will be reported.

If they say no...well, let's get the answer to that question first.

DO NOT ANSWER ANY QUESTIONS ABOUT THE DEBT. Keep the conversation short and to the point, with you speaking.

Oh - and afterwards? Feel free to tell them that the conversation has been recorded for quality control purposes

(It is legal in MN to record such a conversation)

 

[army judge]

The fact that it was never your debt, eluded the dunces that called you HTA.
P,us, you were a minor when the account was compromised.
HINT: The most you could be accountable for, assuming the theft was reported correctly, is a measly $50. But, you were a minor, HTA, so you couldn't be held liable for the 50 bucks.

This is a scammer.
They are trying to steal your money.
There's nothing legitimate about the way they contacted you, tried to intimidate you into paying them money for nothing.
Your best bet, ignore them.
Don't answer their calls.
You've totally wised up now, so I predict you won't hear from them again.

Talking to bums like that is like talking to Satan, you feel filthy afterwards, and you're ashamed you allowed them to waste your time.

That call was classic scammer 101, so wring, some people get fooled into believing its legit.
Good luck.

 

[Heretoask]

Thanks guys. Your posts helped me feel a lot better about the situation. I'll admit, I was a little worried. I'm hoping I didn't give them too much information about the debt. I made it clear that I don't believe it's my debt, but I did say that I would try to figure it out then call him back. He said that if I don't return the call, the papers will be served and I'll have to attend court. After I got off the phone and had a chance to get my thinking straight, I decided to not return the phone call and see what happens. They had my name, DOB, phone number, and address. They also had the name of the bank and the dates that it was supposedly in collections. The only information I confirmed was my name and address (which I'm regretting). The sole fact that they had so much information was what worried me that it might be legit. I found a local lawyer who is willing to read and interpret any papers I get served free of charge. Although I hope it doesn't even get that far.

 

[army judge]

You won't get served. They want EASY money, not money they have to chase. They're SCAMMERS.

One last thing, never discuss ANYTHING on the telephone. I simply say, I only respond to written inquiries, if I decide its important. I also respond to legal process. I never confirm or deny any personal details orally. I then hang up (without further notice) and immediately block that number.