Two weeks ago I had a message from a Clinton Farris on my answering machine looking for my wife. It said hello this message is solely for wife's name, Hi this is Clinton Farris and I represent Giove Law office My firm has instructed to make contact with wife's name this involves seizable and attachable assets so you want to give me a call right now if you want to resolve it voluntarily. I called him back to see what he wants, he was very rude saying my wife owes his company 14k for a capitol one credit card she defaulted. He demanded that I pay him the balance right now or else he and his legal team will fly to MI "where I live" to sue us. I told him don’t you every call here and threaten again. I asked my wife about it she told me it was 10 years ago when her ex husband left her and she could not afford it anymore but the balance was only 3-4k. Now this Clinton Farris is has left a dozen messages claiming threats one had a Attorney William Martinson leaving a message. I also received a certified letter from them giving me 30 days to come up with the full balance as they are doing asset search, employment verification and bank account checks. Failing to contact our office to resolve this legal matter will result in legal intervention. Now yesterday my neighbor mike called me and said this Clinton Farris left two messages on his machine for my wife. This seems like a scam to me this the last payment my wife made was in 2000, second they are located in Buffalo NY where we live in Grand Rapids MI. Would it be worth while to hire my own attorney.
Here is a few things I would do if I where you.
1) pull your wife's credit reports all three www.annualcreditreport.com is free. Print copies. you should not see Capital One or Giove Law office on there.
2) re ask your wife If she is certain her last payment was 10 years ago
As other post stated this Giove law office is a bunch crooks. If your wife lived in MI when she opened this account this debt is way past the Statue of Limitations in MI meaning in MI they have 6 years to sue after the last payment was made.
If you still have this letter and messages handy with the threats of a lawsuit contact an attorney in your area the specializes in the FDPCA. I know that there are many attorney's that work with the FDCPA in MI. Google FDCPA attorneys in Grand Rapids MI. Each message or letter with a threat of a lawsuit, wage garnishment, asset intervention would get you up to 1k each in damages. Meaning they will get them off your back and your will end up with a few grand for your troubles.
Nothing they've done is a problem legally as long Martinson really is an attorney
Yes, they threatened, but if they intend to follow through there's no problem there. Maybe you should call them and offer to work this out if they'll assign another person to the account.
This debt is way outside the statute of limitations for all 50 states...it is also past the allowable 7-year reporting cycle on credit reports....so they can't place this on your credit file . This is ancient, time-barred debt....because of this, the collection agency is powerless over you....other than trying to scare/annoy you into paying. This is why they are being so aggressive with the scare tactics....because that's the only power they have...they are legally powerless over you.
Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:
Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
==========================
* Do not sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
* Fax this letter to them to speed things up. There's a free fax service at: http://faxzero.com/
* If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act....then hang up on them
* DO NOT pay one penny towards this debt..if you do you will instantly reset the statute of limitations. Also, do not admit to owing it verbally or in writing.
* Be careful...you're dealing with a really sleazy firm here:
http://www.budhibbs.com/giove/
They are on a fishing expedition to see if they can get you to agree to a something that will reset the SOL,
Talk to an attorney but whatever you do, read everything those weasels send you to ensure you aren't tricked into resetting the SOL,
Any kind of acknowledgment on your part will likely reset the SOL,
then you'll be SOL ... LOL
Good luck,
What he did IS illegal. When he called, he broke the law by discussing your wife's personal finances with anyone but her. Even IF you asked, he should have just left his name, number and said he could only speak to her.
Sounds like a scam to me. I highly doubt either of these morons are lawyers or with a law firm. Sounds like they got their hands on some old debt and are trying to get some $$ by scaring unsuspecting people.
Get a copy of her credit report and see if this Capital One debt is still showing on there.
These guys who are calling need to be reported. They are breaking the law.
RELAX, if the debt is already 10 years old, the statute of limitation has expired and your wife no longer has a legal obligation to pay.
Clinton Ferris (not his real name), and "attorney" William Martinson (not a real attorney, not his real name) are just bluffing you into paying a debt that they have no legal claim to.
Never, never, never talk with a bill collector over the phone. Instead send Giove Law Firm a "cease and desist" letter (do not sign your name, signatures have been known to have been copied).
Send the letter by certified mail. Keep copies for your records. If you want more information on Giove Law Firm click the link below,
http://www.budhibbs.com/collectorpages/g…
Wow, this "law firm" is skating on the illegal. But that's the point, it isn't blatantly illegal.
First, I am not entirely sure that the debt is free from collection. Certainly, if your wife had gone through bankruptcy then it would be. Relating to the statutes of limitations (SOL), only a lawyer can really help you with that- but it's posted below. Paying it, agreeing to a payment plan, etc. definitely can reset any freedom from the debt that you already have.
The people that are harassing you work for a collection company, plain and simple. They make a percentage of what they recover, usually like 30%. They are hoping the embarrassment with your neighbors gets you to pay the debt. Obviously they are being rude, mean, and harassing. Imagine if they politely asked for their money back- you'd just ignore it, right?
I suggest you go to this simple-to-read website: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm. The company has done a lot of things wrong, such as discussing the debt with someone else and perhaps impersonating an attorney if Clinton Farris is fake. Send a certified letter telling them to stop, tell them you'll report them to the FTC, and get a lawyer if you can afford one.
The thing about asset verification, etc. can easily be true if not already happening right now. Most collection companies have access to public records, mortgages, and possibly the ability to find out your bank account balance. They are seeing whether or not you have the ABILITY to pay. There is no use in going after someone for a debt that has no way to pay it- it's a waste of time.
Let's be honest: this is all about who calls the other's bluff. They will not fly out to Michigan for your tiny debt (in relative terms) and go through the courts forever to get the judgment against you. But realize that ignoring past debts can easily damage your credit for a long time. Getting a lawyer will help you stop the harassment but not the damage to your credit.
Good luck.