My saga begins with a phone call to my father's business. Where this company got this number, and how they associated it with me I do not know. A "Jack Murphy" (which I am quite sure is not his name) left a message in voice mail (that clearly states it belongs to one person—not me) stating that I was going to be prosecuted for check fraud and unless I made reparations by the end of business today I would subject myself to prosecution at which point he would no longer be able to help me.
The following are from the Fair Debt Collection Practices Act "b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector." THe message left on my father's voicemail clearly violates this.
" 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. 13) The false representation or implication that documents are legal process." Jack Murphy's insistence that I would be prosecuted and arrested is clearly false, the check they are claiming I wrote was passed in May in NC the statute of limitations is 6 years which clearly expired in May of this year... There is no possibility of prosecution.
Be informed read the "Fair Debt Collection Act" for yourself and be armed with this information when you speak to representatives of the company. The last conversation I had with "Jack Murphy" was quite amusing, he yelled at me at every turn talked over me constantly and refused to send me a copy of the check. I informed him that I had every intention of paying this debt, if indeed it turned out to be mine I just wanted to see proof of the check (since I have no recollection of writing it... Or records since I closed the account in 2002) "Jack Murphy" continued to threaten me, then I demanded to speak to his supervisor "Bill Francis" who was unavailable... I left my name and number for Mr Francis and 3 days later am still awaiting a call back... We well see what happens from here.
Whatever you do DO NOT western union them the money unless they send you proof of the debt!!!
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