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I got a call today from a collector saying that they would be serving me a letter of intent to start litigation over a payday loan from 2 years ago through Check N go. I called check n go and they said it had been sold to another collection agency. Can I really be sued by a collection agency? The guy that called this morning said he was a process server and that he wanted to give me time to get it cleared up before he serves me. Doesn't this seem weird? I worked in the banking industry for a couple of years and when your being served they just do it. No notice at all. They said it is breach of contract and fraudulent use of a check. Any advice?




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No notice at all.

See, there are certain steps that need to be followed correctly. You being the defendant would be provided with the 'service of process' of their claim. Once the service of process gets completed and you don't reciprocate, only then a default judgment could be achieved against you.

Sub: #1 posted on Wed, 12/15/2010 - 14:36

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well real "process server"won't contact before hand to negotiate.their job is to serve you nothing else.this person is not a process server.they are a scammer trying to scare money out of you.file a police report for the call.then file AG,AND FTC complaints against this bottomfeeder.again this person broke the law.they misrepresented themselves as again no process server will contact for payment of any kind.

Sub: #2 posted on Wed, 12/15/2010 - 20:21

paulmergel paulmergel
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(Posts: 15506 | Credits: 1356.56)

Dear Paul, I'd really be interested to know the penalties (if any) that this misrepresenter would be facing now. Are they a part of any legitimate body? How do you actually file an FTC complaint against them?

Sub: #3 posted on Sat, 12/18/2010 - 10:56

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The link to file a complaint with the FTC is in my signature.

Sub: #4 posted on Sat, 12/18/2010 - 11:26

Shazzers Shazzers
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(Posts: 17342 | Credits: 1592.83)

Just to let you know. I also got a call from the agency. I am in the final process of filing for bankruptcy and I told them that. I contacted my attorney's and they verified that it is a scam. Do not pay them. My attorney stated that even if you did pay them, they would continue to call you and try to retrieve money from you again. He further stated that if they were going to serve you, they would do it without notice. When I made the call back to the company trying to get their name and address, they gave me a phony address and were still trying to get the money out of me. I told them they could serve me, but it would be a waste of time and money for their attorney's because I was final process of bankruptcy and it would be done after that. The guy's response..., "Thanks for the advice". So that proves it further. Chumps!

Sub: #5 posted on Tue, 03/22/2011 - 00:06

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