Debt collector? HELP

[mh3rdwheel]

Last week I received a call while on vacation, the person ask if a processor has served me with papers charging me with defrauding Rent A Center, I said no, they gave me a case number, they are charging me with a 2 federal offenses. They want me to pay them, I owe the bill and can pay it, but they tell me that they cannot give me any paperwork on this, I asked for this.

They have lied to me and also contacted my family and told them all the details, I guess from what my DSister says.

What should I do? Tomorrow I will have the money to pay it in full, but with no paperwork I will not pay them.

Any suggestions?

[Nishu]

First of all, where did you get this case number? Did you get a notice from the courts, or from RentACenter? If you have any court listed on the notice, I'd be calling them and confirming the case number.

Secondly, I'm having a very hard time believing that you're getting charged for two federal offenses for defrauding a rent a center. What a massive cluster that woudl be, if everyone who owed money to a RAC got charged with a federal offense. If the debt collector is calling you up and telling you that you're getting charged with a federal offense, I'd just assume they were full of crap. It's entirely possible that you're getting sued and that may be where the case number came from, but a rent a center doesn't just go around charging people with federal crimes...

I'd be finding that case number and start with that.

If you aren't in agreement over how much you owe, I'd go into RAC and just ask for a statement. Tell them you're willing to pay, but first you require the documentation.

Are there any other details that you can think of regarding this? Is the debt very old? Was it RAC, or a third party that tried to collect?

[monkeywrangler71]

Sounds like total BS to me. I doubt that a collection agency has the power to charge you with a criminal offense, most countries leave that sort of power to the police.

[HappyMama]

Don't deal with them in person or over the phone . You will need to send a validation letter to them, in it state they have no right to contact friends, family or work. Here is some information for you how to Validate , lawsuit procedures etc. Keep a log of all correspondence and send certified, you will need a record. Just want you to know your rights under the Federal Consumer Protection Laws, and make sure you handle right so they don't win by default or make your problems worse. Hugs to you.

Here is a summary post on creditboards.com ( Source) . Some might not pertain to you , don't have time to weed through it all now. Tried to take out what doesn't . Hope this helps. http://creditboards.com/forums/index...howtopic=14797



This is an index that is useful for the basic letters and the descriptions/ thought processes and strategies and when to use them with an overall understanding of successful methodologies.






MUST READS (more than once, a continuous reference for finding and confirming answers and information):

FTC's FACTA amended FCRA, effective 12/2004 (no difference in text): http://www.ftc.gov/o.../031224fcra.pdf

Jazkal's FACTA amended FCRA, amendments in blue, with a HUGE smooch to Marv:
http://web.tampabay....drick/facta.htm

Previous FCRA version (effective 1998): http://www.ftc.gov/o...atutes/fcra.htm

Credit Reports, What information furnishers need to know (mandated brochure distributed by CRA's to furnishers -- no excuses!): http://www.ftc.gov/b...ubs/infopro.htm

FCRA Staff Opinion letters: FCRA - Staff Opinion Letters

FDCPA: http://www.ftc.gov/o...cpa/fdcpact.htm

FDCPA Staff Opinion letters: http://www.ftc.gov/o...cpa/letters.htm

FDCPA Staff Commentary: http://www.ftc.gov/o.../commentary.htm






***********************************
IF YOU'VE BEEN SUED:

Send a validation letter (if you've been sued by a CA) AND answer the complaint (by the timeframe imposed on the summons), show up -- don't allow a default judgment. YES, litigation IS a collection activity, see the FTC Staff Opinion letter on the same and the Heintz v Jenkins case.

Read this thread, BBee's story -- served with summons, from start to finish and all in one thread, from being served and not knowing what to do to resolution:
http://consumers.creditnet.com/strai...threadid=34590

Find your local court rules here: http://www.searchlaw...rules/other.htm also out front in the consumer protection forum and tweak the following answer accordingly (mostly formatting, if anything, copy the format on the summons/complaint you were served with), file and serve it according to your local rules.

How to Answer a Lawsuit for Debt Collection: http://www.nwjustice.org/pdfs/205.pdf

http://www.legalhelp...g_complaint.htm


***********************************

Gather all your reports and analyze what is reporting, how it should be reporting and the differences between the reports -- Get your reports directly from the bureaus for your disputes and consider privacy guard of a similar service for monitoring and tracking dispute results and progress.


Overall explanation of the disputing process, CRA focus (ty Michael): Free credit repair, credit report dispute, and collection dispute advice: Electronic Credit Repair Kit (tm)

Overall explanation of the validation process, CA's (ty Kristy): 404 - Page Cannot be found

Overall explanation of the verification process, OCs (Furnishers) What to do next: creditboards.com


Collection accounts -- validation letter

Charged
Consider Doc's nutcase series (see below) original authored for accurately reporting, paid in full, but negative information.

Why you should validate as a first step, thanks CramIt, Validation It's Your Savior: http://www.creditboa...showtopic=56494

Validation can be as simple as this:
http://creditboards....showtopic=12953

Or, as detailed as this, Original validation letter #1: http://consumers.creditnet.com/strai...5495#post85495

Or, anywhere in between, I personally think less is more, they by and large don't provide the basic information.

The purpose of validation is to address dunning the wrong person and/or the wrong dollar amount. If they can get that part right, and that's a big if, determine their ability to collect (why do you owe them and not the OC?)

Sample validation letters (first) from Breeze's briefcase: http://creditboards....showtopic=18802

Do NOT send a validation letter that alleges ID theft where there is none, there are possible criminal consequences for doing so as provided in the 2003 FACTA amendments to the FCRA.

Follow-up letter (optional), usually called the estoppel or a response to an attempt at validation (cough cough), and/or requesting additional information (state law stuff is good) and/or addressing what was provided and why it isn't sufficient; and/or request authority to collect. You've not responded to my letter of xx/xx/xx, shorten the time frame to 15 days.

Sample Validation #2 letters: http://www.creditboa...?showtopic=8806

Additional validation #2 follow-up letters, thanks CramIt:
http://www.creditboards.com/phpBB2/v...ic.php?t=60083

Send all letters certified mail return receipt requested (include the number on the letter itself); once you receive the green card back, re-dispute with the CRA's and await dispute results.

If verified or updated, request the specific procedures used to verify the information (Procedural request) from the CRA's.



OC's -- send OC verification letters, follow-up letter (optional), re-dispute with the CRA's after green card received, if verified or updated, request the specific procedures used to verify: creditboards.com

Mountainmommy's (Queen Mommy) bang-up procedural request letter with request for commencement of deliquency date:
creditboards.com

Verification and Validation -- 1-2 punch explanation:
creditboards.com

With MUST READ additional links: creditboards.com

Medical unpaid -- validation letter (see above) -- if they respond with an attempt at validation and it didn't come from the OC, ask for proof or confirmation of a business associate agreement -- no business associate agreement, under the Hipaa regulations, the information can't be shared.

creditboards.com




Gather up all documentation and send to the CRA's with either LKH's letter for CA's and/or his spawned letter for OC's:

CA's = http://creditboards....hp?showtopic=20

OC/Furnishers = creditboards.com

Intent to file a complaint with the FTC, thanks Bree and CNet:
http://www.creditboards.com/phpBB2/v...pic.php?t=6764

ITS (Intent to sue -- demand letter) Letter to creditors detailing violations and requesting deletion (demand/ITS), Christy's 48-hour fax and links to other successful demand/ITS: http://consumers.creditnet.com/strai...ht=48+hour+fax

Here are some sample ITS letters, but you'll need to reword them to fit your situation -- thanks LKH!!!!!!!

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

Letter to CRA's when you have documentation they verfied bogus information, radi8's 48 hours letter to TU:
http://www.creditboards.com/phpBB2/v......asc&start=0

Dixie's CYA manipulation letter -- for finding out who dropped the ball, the CRA's or the furnishers:
http://www.creditboards.com/phpBB2/v......asc&start=0

Doc's series -- for accurately reporting negative information:
creditboards.com

http://consumers.creditnet.com/strai...threadid=23079

Marci's goodwill letter -- for admitting your difficulties and requesting another chance:
http://consumers.creditnet.com/strai...;postid=191392

For disputed TL's that are reporting differently between the bureaus:
http://www.creditboards.com/phpBB2/v...pic.php?t=4128

http://www.creditboards.com/phpBB2/v......asc&start=0

Dixie's How to deal with Experian's previously investigated:
http://www.creditboards.com/phpBB2/v...pic.php?t=3316

Enigma's CA permissable purpose letters: http://www.creditboards.com/phpBB2/v...ghlight=enigma

Christine's permissable purpose letter: http://creditboards....p?showtopic=386

Mortgage reporting, foreclosures, erroneous lates = itemized accounting via HUD's RESPA provisions (with sample letter):
http://www.hud.gov/o...es/respa_hm.cfm

Housebuyer's mortgage reporting letters: http://www.creditboards.com/phpBB2/v......asc&start=0

Billing Errors: Open ended accounts -- pre-collection and charge off,
Fair Credit Billing Act -- FCBA FTC Summary (with sample letter): http://www.ftc.gov/b.../credit/fcb.htm

http://www.fdic.gov/regulations/laws...ml#6500chap4cb

http://www.ftc.gov/o...tes/fcb/fcb.pdf

CRA's and dates reported: http://consumers.creditnet.com/strai...p;pagenumber=1

http://consumers.creditnet.com/strai...sy+and+kbanger

When does the reporting period begin?
http://www.creditboards.com/phpBB2/v...t=sassy+amason

DanceRat letters -- Reporting is wrong, remove it: http://consumers.creditnet.com/strai...threadid=26689

TL's reinserted without notice, reinsertion letter, Erik, Pam and WhyChat: http://www.creditboards.com/phpBB2/v...t=sassy+jovick

Public records -- CRA's as furnishers of information: creditboards.com

Nutshell version of the above:
creditboards.com



The FCRA requires reporting be complete and accurate; updated and verifiable -- always. If even all of those it cannot be misleading.









Can a CRA sell information to another CRA: http://creditboards....showtopic=10338

It is important to rebuild credit while you are repairing your

And, I have to include this update from Marie, as of today, from this thread, for CA's, validation strategy: http://consumers.creditnet.com/strai...p;pagenumber=3



As for current strategy, it�s pretty boring and completely from the FDCPA and FCRA:


1.Send a standard validation request of CA in writing (sent certified rr of course)

2.Give 31 days after receipt of letter

3.If no validation is given from CA�(or if bogus validation is given)

4.At 31 days after CA receipt, dispute with the credit bureaus if a trade line is on the report (the idea being if the CA verifies the trade line to the bureau without validating the debt to the consumer it can be construed as continued collection activity without validation: FDCPA violation. And if they can't validate the debt, why are they verifying the trade line: FCRA violation compete and accurate info)

5.See if CA verifies the trade line without validating first

6.See if CA continues collection activity without validating (letters, calls etc)

7.Sometime in that process, apply for local credit and get actual damages (in either denied credit or higher cost of credit/ lesser credit line)� why local credit? You want to easily be able to subpoena a bank employee in case you actually go to court. Also your file must be seen by someone other than you to count as a definition of �file� under the FCRA. Look it up if you don�t believe me or read the Cousins appeal.

8.Sometime in that process, read the FDCPA and FCRA many times. Get adventurous. Read a bit of case law. Find an attorney in case you later need one (good luck finding a good one who knows consumer law)

9.Look up your state laws; you may have better state laws

10.Send CA and now possibly original creditor and credit bureau a demand letter detailing all FCRA and FDCPA (and State law) violations for actual, statutory, and punitive damages, court costs, mental and emotional anguish (you get the idea). Request a full deletion of all trade lines and inquiries and an affidavit from a company officer that all the sensitive info (ssn etc) will be purged from their system in full (with the idea that, if there�s no validation there�s a reasonable consumer assumption that there�s no debt. no debt equals no PP under FCRA, etc) and why should they then have your info on file for all to see� wait 31 days after receipt of demand letter.

11.File lawsuit if necessary

12.Settle or go to court (keeping in mind most cases are settled but be prepared to fight in case yours is not)

Boring, isn�t it. The real point is to learn the FDCPA and FCRA and your state laws and hold them accountable when they violate the law. We�ve just learned that there are some sequences that tend to generate a few more violations than others.

[HappyMama]

Sorry double post.

[mh3rdwheel]

First of all, where did you get this case number? Did you get a notice from the courts, or from RentACenter? If you have any court listed on the notice, I'd be calling them and confirming the case number.

Secondly, I'm having a very hard time believing that you're getting charged for two federal offenses for defrauding a rent a center. What a massive cluster that woudl be, if everyone who owed money to a RAC got charged with a federal offense. If the debt collector is calling you up and telling you that you're getting charged with a federal offense, I'd just assume they were full of crap. It's entirely possible that you're getting sued and that may be where the case number came from, but a rent a center doesn't just go around charging people with federal crimes...

I'd be finding that case number and start with that.

If you aren't in agreement over how much you owe, I'd go into RAC and just ask for a statement. Tell them you're willing to pay, but first you require the documentation.

Are there any other details that you can think of regarding this? Is the debt very old? Was it RAC, or a third party that tried to collect?

The renta center in my area you could use your signature and get money before your paycheck, I got into this habit, I broke the cycle but I do owe renta center. I have all the info the people gave me, I need to know who I should contact.

I am thinking Rent A center. I would like to take care of this bill. I am off tomorrow, do you think I should go to renta center?

[mh3rdwheel]

First of all, where did you get this case number? Did you get a notice from the courts, or from RentACenter? If you have any court listed on the notice, I'd be calling them and confirming the case number.

Secondly, I'm having a very hard time believing that you're getting charged for two federal offenses for defrauding a rent a center. What a massive cluster that woudl be, if everyone who owed money to a RAC got charged with a federal offense. If the debt collector is calling you up and telling you that you're getting charged with a federal offense, I'd just assume they were full of crap. It's entirely possible that you're getting sued and that may be where the case number came from, but a rent a center doesn't just go around charging people with federal crimes...

I'd be finding that case number and start with that.

If you aren't in agreement over how much you owe, I'd go into RAC and just ask for a statement. Tell them you're willing to pay, but first you require the documentation.

Are there any other details that you can think of regarding this? Is the debt very old? Was it RAC, or a third party that tried to collect?

It was Rent A Center and it dates back before we became homeless, 3 - 4 years. I think I might. Thank you.

[mh3rdwheel]

Don't deal with them in person or over the phone . You will need to send a validation letter to them, in it state they have no right to contact friends, family or work. Here is some information for you how to Validate , lawsuit procedures etc. Keep a log of all correspondence and send certified, you will need a record. Just want you to know your rights under the Federal Consumer Protection Laws, and make sure you handle right so they don't win by default or make your problems worse. Hugs to you.

Here is a summary post on creditboards.com ( Source) . Some might not pertain to you , don't have time to weed through it all now. Tried to take out what doesn't . Hope this helps. Index and starting point - CreditBoards



This is an index that is useful for the basic letters and the descriptions/ thought processes and strategies and when to use them with an overall understanding of successful methodologies.






MUST READS (more than once, a continuous reference for finding and confirming answers and information):

FTC's FACTA amended FCRA, effective 12/2004 (no difference in text): http://www.ftc.gov/o.../031224fcra.pdf

Jazkal's FACTA amended FCRA, amendments in blue, with a HUGE smooch to Marv:
http://web.tampabay....drick/facta.htm

Previous FCRA version (effective 1998): http://www.ftc.gov/o...atutes/fcra.htm

Credit Reports, What information furnishers need to know (mandated brochure distributed by CRA's to furnishers -- no excuses!): http://www.ftc.gov/b...ubs/infopro.htm

FCRA Staff Opinion letters: FCRA - Staff Opinion Letters

FDCPA: http://www.ftc.gov/o...cpa/fdcpact.htm

FDCPA Staff Opinion letters: http://www.ftc.gov/o...cpa/letters.htm

FDCPA Staff Commentary: http://www.ftc.gov/o.../commentary.htm






***********************************
IF YOU'VE BEEN SUED:

Send a validation letter (if you've been sued by a CA) AND answer the complaint (by the timeframe imposed on the summons), show up -- don't allow a default judgment. YES, litigation IS a collection activity, see the FTC Staff Opinion letter on the same and the Heintz v Jenkins case.

Read this thread, BBee's story -- served with summons, from start to finish and all in one thread, from being served and not knowing what to do to resolution:
http://consumers.creditnet.com/strai...threadid=34590

Find your local court rules here: http://www.searchlaw...rules/other.htm also out front in the consumer protection forum and tweak the following answer accordingly (mostly formatting, if anything, copy the format on the summons/complaint you were served with), file and serve it according to your local rules.

How to Answer a Lawsuit for Debt Collection: http://www.nwjustice.org/pdfs/205.pdf

http://www.legalhelp...g_complaint.htm


***********************************

Gather all your reports and analyze what is reporting, how it should be reporting and the differences between the reports -- Get your reports directly from the bureaus for your disputes and consider privacy guard of a similar service for monitoring and tracking dispute results and progress.


Overall explanation of the disputing process, CRA focus (ty Michael): Free credit repair, credit report dispute, and collection dispute advice: Electronic Credit Repair Kit (tm)

Overall explanation of the validation process, CA's (ty Kristy): 404 - Page Cannot be found

Overall explanation of the verification process, OCs (Furnishers) What to do next: creditboards.com


Collection accounts -- validation letter

Charged
Consider Doc's nutcase series (see below) original authored for accurately reporting, paid in full, but negative information.

Why you should validate as a first step, thanks CramIt, Validation It's Your Savior: http://www.creditboa...showtopic=56494

Validation can be as simple as this:
http://creditboards....showtopic=12953

Or, as detailed as this, Original validation letter #1: http://consumers.creditnet.com/strai...5495#post85495

Or, anywhere in between, I personally think less is more, they by and large don't provide the basic information.

The purpose of validation is to address dunning the wrong person and/or the wrong dollar amount. If they can get that part right, and that's a big if, determine their ability to collect (why do you owe them and not the OC?)

Sample validation letters (first) from Breeze's briefcase: http://creditboards....showtopic=18802

Do NOT send a validation letter that alleges ID theft where there is none, there are possible criminal consequences for doing so as provided in the 2003 FACTA amendments to the FCRA.

Follow-up letter (optional), usually called the estoppel or a response to an attempt at validation (cough cough), and/or requesting additional information (state law stuff is good) and/or addressing what was provided and why it isn't sufficient; and/or request authority to collect. You've not responded to my letter of xx/xx/xx, shorten the time frame to 15 days.

Sample Validation #2 letters: http://www.creditboa...?showtopic=8806

Additional validation #2 follow-up letters, thanks CramIt:
http://www.creditboards.com/phpBB2/v...ic.php?t=60083

Send all letters certified mail return receipt requested (include the number on the letter itself); once you receive the green card back, re-dispute with the CRA's and await dispute results.

If verified or updated, request the specific procedures used to verify the information (Procedural request) from the CRA's.



OC's -- send OC verification letters, follow-up letter (optional), re-dispute with the CRA's after green card received, if verified or updated, request the specific procedures used to verify: creditboards.com

Mountainmommy's (Queen Mommy) bang-up procedural request letter with request for commencement of deliquency date:
creditboards.com

Verification and Validation -- 1-2 punch explanation:
creditboards.com

With MUST READ additional links: creditboards.com

Medical unpaid -- validation letter (see above) -- if they respond with an attempt at validation and it didn't come from the OC, ask for proof or confirmation of a business associate agreement -- no business associate agreement, under the Hipaa regulations, the information can't be shared.

creditboards.com




Gather up all documentation and send to the CRA's with either LKH's letter for CA's and/or his spawned letter for OC's:

CA's = http://creditboards....hp?showtopic=20

OC/Furnishers = creditboards.com

Intent to file a complaint with the FTC, thanks Bree and CNet:
http://www.creditboards.com/phpBB2/v...pic.php?t=6764

ITS (Intent to sue -- demand letter) Letter to creditors detailing violations and requesting deletion (demand/ITS), Christy's 48-hour fax and links to other successful demand/ITS: http://consumers.creditnet.com/strai...ht=48+hour+fax

Here are some sample ITS letters, but you'll need to reword them to fit your situation -- thanks LKH!!!!!!!

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

http://www.creditboards.com/phpBB2/v...ent+sue+letter

Letter to CRA's when you have documentation they verfied bogus information, radi8's 48 hours letter to TU:
http://www.creditboards.com/phpBB2/v......asc&start=0

Dixie's CYA manipulation letter -- for finding out who dropped the ball, the CRA's or the furnishers:
http://www.creditboards.com/phpBB2/v......asc&start=0

Doc's series -- for accurately reporting negative information:
creditboards.com

http://consumers.creditnet.com/strai...threadid=23079

Marci's goodwill letter -- for admitting your difficulties and requesting another chance:
http://consumers.creditnet.com/strai...;postid=191392

For disputed TL's that are reporting differently between the bureaus:
http://www.creditboards.com/phpBB2/v...pic.php?t=4128

http://www.creditboards.com/phpBB2/v......asc&start=0

Dixie's How to deal with Experian's previously investigated:
http://www.creditboards.com/phpBB2/v...pic.php?t=3316

Enigma's CA permissable purpose letters: http://www.creditboards.com/phpBB2/v...ghlight=enigma

Christine's permissable purpose letter: http://creditboards....p?showtopic=386

Mortgage reporting, foreclosures, erroneous lates = itemized accounting via HUD's RESPA provisions (with sample letter):
http://www.hud.gov/o...es/respa_hm.cfm

Housebuyer's mortgage reporting letters: http://www.creditboards.com/phpBB2/v......asc&start=0

Billing Errors: Open ended accounts -- pre-collection and charge off,
Fair Credit Billing Act -- FCBA FTC Summary (with sample letter): http://www.ftc.gov/b.../credit/fcb.htm

http://www.fdic.gov/regulations/laws...ml#6500chap4cb

http://www.ftc.gov/o...tes/fcb/fcb.pdf

CRA's and dates reported: http://consumers.creditnet.com/strai...p;pagenumber=1

http://consumers.creditnet.com/strai...sy+and+kbanger

When does the reporting period begin?
http://www.creditboards.com/phpBB2/v...t=sassy+amason

DanceRat letters -- Reporting is wrong, remove it: http://consumers.creditnet.com/strai...threadid=26689

TL's reinserted without notice, reinsertion letter, Erik, Pam and WhyChat: http://www.creditboards.com/phpBB2/v...t=sassy+jovick

Public records -- CRA's as furnishers of information: creditboards.com

Nutshell version of the above:
creditboards.com



The FCRA requires reporting be complete and accurate; updated and verifiable -- always. If even all of those it cannot be misleading.









Can a CRA sell information to another CRA: http://creditboards....showtopic=10338

It is important to rebuild credit while you are repairing your

And, I have to include this update from Marie, as of today, from this thread, for CA's, validation strategy: http://consumers.creditnet.com/strai...p;pagenumber=3



As for current strategy, it�s pretty boring and completely from the FDCPA and FCRA:


1.Send a standard validation request of CA in writing (sent certified rr of course)

2.Give 31 days after receipt of letter

3.If no validation is given from CA�(or if bogus validation is given)

4.At 31 days after CA receipt, dispute with the credit bureaus if a trade line is on the report (the idea being if the CA verifies the trade line to the bureau without validating the debt to the consumer it can be construed as continued collection activity without validation: FDCPA violation. And if they can't validate the debt, why are they verifying the trade line: FCRA violation compete and accurate info)

5.See if CA verifies the trade line without validating first

6.See if CA continues collection activity without validating (letters, calls etc)

7.Sometime in that process, apply for local credit and get actual damages (in either denied credit or higher cost of credit/ lesser credit line)� why local credit? You want to easily be able to subpoena a bank employee in case you actually go to court. Also your file must be seen by someone other than you to count as a definition of �file� under the FCRA. Look it up if you don�t believe me or read the Cousins appeal.

8.Sometime in that process, read the FDCPA and FCRA many times. Get adventurous. Read a bit of case law. Find an attorney in case you later need one (good luck finding a good one who knows consumer law)

9.Look up your state laws; you may have better state laws

10.Send CA and now possibly original creditor and credit bureau a demand letter detailing all FCRA and FDCPA (and State law) violations for actual, statutory, and punitive damages, court costs, mental and emotional anguish (you get the idea). Request a full deletion of all trade lines and inquiries and an affidavit from a company officer that all the sensitive info (ssn etc) will be purged from their system in full (with the idea that, if there�s no validation there�s a reasonable consumer assumption that there�s no debt. no debt equals no PP under FCRA, etc) and why should they then have your info on file for all to see� wait 31 days after receipt of demand letter.

11.File lawsuit if necessary

12.Settle or go to court (keeping in mind most cases are settled but be prepared to fight in case yours is not)

Boring, isn�t it. The real point is to learn the FDCPA and FCRA and your state laws and hold them accountable when they violate the law. We�ve just learned that there are some sequences that tend to generate a few more violations than others.

Thank you Happymama, I will be checking into this, I do not know how they received my phone number, I did not have this phone at the time, nor the number. I contacted my bank just in case, I never gave them my acct number but they have a lot of info on me.

I have the phone # they called from, etc. Tomorrow I will be very busy. Thank you for your help.

[mh3rdwheel]

I loved everyones suggestions, I will go buy everyone's help. I am very appreciative of this. THANK YOU FROM THE BOTTOM OF MY HEART.

[Nishu]

If your only hearing from the RAC, then yeah they are making stuff up. Bill collectors say all kinds of crazy things and are usually lying, but I don't like to tell people that they have nothing to worry about because man would I feel like a heel if you really were in some kind of trouble. I'm as confident as one can be, given the information, that youre not in any legal trouble beyond the fact that you this money. The federal offense thing they had to have just made up. (not surprising at all, since threats of jail are in the bill collectors standard bag of tricks.) I wish I knew more about this stuff because there has to be some way to report them for this behavior. anyway, HM gave you some good stuff and I hope you read it and use it to give 'em hell.

I'm cheering for you. I hope you get this straightened out and it won't be too long before this is off your shoulders.

[mh3rdwheel]

If your only hearing from the RAC, then yeah they are making stuff up. Bill collectors say all kinds of crazy things and are usually lying, but I don't like to tell people that they have nothing to worry about because man would I feel like a heel if you really were in some kind of trouble. I'm as confident as one can be, given the information, that youre not in any legal trouble beyond the fact that you this money. The federal offense thing they had to have just made up. (not surprising at all, since threats of jail are in the bill collectors standard bag of tricks.) I wish I knew more about this stuff because there has to be some way to report them for this behavior. anyway, HM gave you some good stuff and I hope you read it and use it to give 'em hell.

I'm cheering for you. I hope you get this straightened out and it won't be too long before this is off your shoulders.

Nishu thank you I will be researching alot more tomorrow, I really appreciate your help. Without fv I would not know where to begin.

I will keep you all posted on what happens.

[Paws]

I'm definitely no expert on this matter...but I have a sneaking suspicion it's a big fat lie...I just can't imagine FEDERAL crimes being charged from allegedly defrauding 'Rent A Center'.
If that's so, the courts are sure gonna be busy...
Anyway, I wish you the best in getting this taken care of.

[LynnLC]

I'm definitely no expert on this matter...but I have a sneaking suspicion it's a big fat lie...I just can't imagine FEDERAL crimes being charged from allegedly defrauding 'Rent A Center'.
If that's so, the courts are sure gonna be busy...
Anyway, I wish you the best in getting this taken care of.

Yup. Somethings is rotten in Denmark. Federal? Mind boggling.

[starsapphire]

Owing money for not paying your debt is legally a civil matter.

It is NOT a federal or any other kind of criminal matter. You cannot be arrested for that. They're just trying to scare you into paying RIGHT NOW. Debt collectors can be scum like that.

(Funny thing, one of my besties is a debt collector. But we never talk about it)

[Nishu]

I don't think it's beyond the realm of imagination that one can get charged with a felony if they intentionally defraud a rental co. I mean, isn't check fraud a felony? Not paying your bill really doesnt rise to the level of a felony though. She would have to intentionally schemed at a level above and beyond that of just an average Jane not paying her bill. Still, RAC would not be informing a person that they would be charged with a felony...