Date Received: 2018-10-10
Product: Credit card debt
Issue: Attempts to collect debt not owed
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: COMPLAINT : THERE IS NO DEBT BECAUSE LIMITATIONS PERIOD HAS RAN XXXX ENGAGED IN FRAUD, ABUSE OF PROCESS AND SUPPLYING FALSE INFORMATION TO XXXX GEORGIA COURT 1. STATUTE OF LIMITATIONS ON XXXX XXXX HAS RAN : COLLECTION ACTIONS ILLEGAL The limitations period for this debt has ran in all states and thus, remains uncollectable by XXXX no matter what jurisdiction lawsuit is filed. Also by filing in XXXX County, a courthouse, XXXX intentionally and knowingly filed a false document with the court. This filing publicly damaged my reputation and possibly my employment.
XXXX is harassing me by knowingly, intentionally, recklessly and negligently collecting on a debt that XXXX knows or should have known I’m no longer legally obligated to pay.
By placing the burden of proof on me the consumer, XXXX has the unfair advantage of being able to file suit in any jurisdiction by claiming I ( or any consumers XXXX targets ) did not contact them, verifying my demographic information and moving forward WITHOUT having the court verify the most important aspect of my debt.
2. ACTIONABLE CAUSES AGAINST XXXX XXXX has engaged in civil/criminal harassment, civil/criminal abuse of process, infliction of emotional distress and damaging my reputation and employment by negligently, intentionally, knowingly and recklessly collecting on a debt that XXXX knows or should have known couldn’t be collected.
3. BACKGROUND FACTS For about two weeks, I have been receiving calls from XXXX from collections agency, ARA. I received these calls about a supposed ” claim ” I had in this office. Because I work nights, on XX/XX/XXXX, I was able to return ARAs numerous calls.
I was originally told by a ” representative, ” that I owed a XXXX XXXX Card from XX/XX/XXXX. I advised her that I had paid off this account many years ago and didn’t owe anything.
Additionally, I advised her that the limitations period had ran in Ca and Ga. Ca is four years while GA is six years.
This representative I spoke with, intentionally, recklessly, knowlingly and negligently misstated the law. She stated because XXXX was ” federal ” there is no limitations period. XXXX could simply wait and file in any jurisdiction thus defeating numerous state and federal statute of limitations and consumer protection laws. The manager I later spoke with also intentionally, recklessly and negligently misstated limitations and consumer protection laws.
4. XXXX LEGAL DUTIES AND RESPONSIBILITIES TO CONSUMERS XXXX has numerous legal responsibilities and obligations to the me the consumer, including proving a debt exists with all the required paperwork ( See below for XXXX legal duties and responsibilities ).
By federal and state laws, XXXX must have a credible chain of custody of all documents relating to debt.
By federal and state laws, XXXX must also have time within the limitations period to collect. XXXX can’t wait and file in a jurisdiction with a longer limitations if the original period has ran.
If XXXX can’t legally file within limitations period because it has expired, any collections actions i.e. court filings, court verifications, letters to consumer, calls to consumer, are civil/criminal harassment and abuse of process.
My first conversation with the representative became heated and she called me a ” thief because I didn’t pay the bank back ”. This representative hung up on me.
Next, I called back two times and spoke with the Manager. He hung up on me once because I ” swore ” at him. The second time he was able to tell me : 1. The last ” activity ” on the account was XX/XX/XXXX.
2. My debt had been ” verified ” by XXXX County Court in Ga. See below for XXXX illegal verification process.
3. The burden of proof was upon me to prove payment even though my Bank records are unavailable because bank aren’t required to keep records from XX/XX/XXXX or XX/XX/XXXX.
4. XXXX could easily resurrect the debt beyond limitations period by simply filing in court with verification of my Identification.
5. He claimed that since I had not contacted XXXX about the ” debt ” XXXX verified ” debt ” in XXXX County and now I somehow owed the XXXX XXXX again.
The second time I spoke with the manager, he said he sent my account bank to XXXX for review.
I writing this complaint to stop XXXX from fraudulently, willingly, recklessly, knowingly and negligently collect on a debt that XXXX knows or should have known can’t be legally collected.
Company: Financial Credit Service, Inc.
State/Zip: GA 303XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 3042270
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