For the past year I have been receiving calls from a Sherman Acquistions demanding that I pay a Sears account in the amount of $3462.43. For each phone call I patiently explained that this debt was paid in full already. I provided the caller with a faxed copy of the payments showing the balance paid in full.in addition I showed them a copy of a letter from a previous collection agency stating that the account was now PAID in full.
Sherman continued to claim they were not either receiving the faxes, or believing the payments.
Then it progressed to, pay the balance again in full (they might be willing to accept 50%) and they would guarantee that no one would continue to call. I refused and again stated that the account had been paid in full, payment had been accepted and a letter stating that this agreement was reached was forwarded on to them in faxes, certified mail (signed for on 3 different occassions by a, Mr. John Jackson, Mrs. Tonya Williams, and Mr. Chris Thompson). I then sent a "cease and desist" letter to Sherman.
Now after a month or two of quiet, we recieved a letter from Zwicker. Zwicker is demanding the payment in full. I followed their letter with a letter of my own stating all of the above and demanding that they send all of the proper documents. Proof of the debt, original signature agreement, itemized billing, amounts written off by sears, tax deductions, etc.
Zwicker has refused to submit any information to me. They have refused to accept my letters as proof. A Mr. Ramirez signed for the certified letter with my proof of payments made, but refuses to acknowledge signing for it, or to send the requested proof documents.
I was told by Zwicker that although I live in Texas, they only have to use the collection laws of the state of Massachusetts. That Mass does not require them to provide proof of anything and that they will get a court judgment against me garnishing wages. I did not bother to tell them that I don't believe Texas to be a garnishment state (will have to check to be sure of that).
Zwicker calls about once a day and attempts to get money from me. I don't owe this account. I did pay if off. The lastest call says they are getting the court judgment against me in the next week and I will have to deal with the consequences. I don't know how to fight a court hearing that is not even in my state???
Their collection practices are unfair and appear to be illegal. They demand, threaten and follow up derrogatory comments about your inability to pay your debts. I did pay it.in full. Not even a settlement, but paid my full debt, plus interest and fees.
Anyone else have experience with dealing with this company? Is what they are doing legal? Can they legally avoid submitting the documents and proof of debt to the person?
Thanks in advance for reading my report and any responses.
0 comments