Last summer I was contacted by Giove Law Office about an old debt from First Bank. I was informed that the debt was ~$1200. I had closed the bank account in 1996 and apparently there was a balance on my overdraft protection.
This was fine, however, the overdraft protection was only $200, so I didn't understand how it could now be $1200 since I certainly would have paid it had anyone told me it was outstanding. I have filed tax returns, change-of-addresses, etc. If someone needed to find me during the last ten years, I was available.
Well, First Bank sat on the debt, then charged it off in 1996. I don't know how many times the debt was bought and sold between companies allowing interest to accrue, but it wound up at Giove Law Office.
A little research showed that the original debt was $170 and I told a representative of Giove that I was more than willing to pay the original debt. She checked with her supervisor and they agreed to settle for $170 if I paid it that day. I gave them authorization to electronically debit my checking account, which they promply did.
I have no problem paying the original debt as I do believe it was owed. And, I assumed that the debt was now paid and that would be the end of it.
But alas, I was contacted by another collection agency named NCC in September regarding the same debt. I disputed it in writing providing proof of the agreement and proof of payment to Giove. I never heard back from NCC.
Now, in December, I was informed by members of my family that they were receiving phone calls from a company called Wolf Law Office. I returned their phone calls only to find out that they too were trying to collect that same debt.
So, I called Giove to find out what the problem was. Mr. Mattuchi (sp?) said to me that the debt was not settled and that my $170 payment was merely a down payment on the $1200. I said no, the agreement was to settle for $170. I informed him that I have a copy of the agreement and the cancelled payment check from my bank. He called me a liar and said there was no way they would have settled for that amount.
I was admittedly furious and proceeded to tell him that he would never see another dime from me on the debt and that if collection agencies continued to call my family, I would sue Giove for harrassment. Mr. Mattuchi gave me the impression he was an attorney and that he would take me to court and "take this as far as I want to go" and that he would sue me for harrassing him. He promptly hung up on me.
Well, a little research on my part turned up some interesting facts. First, the statute of limitations on personal debt in Colorado is six years (but again, I have no problem paying the debt). Second, I could find no collection agency license for Giove on file in Colorado. Also, not surprisingly, it is illegal for the collection agency to represent themselves as attorneys when they are not. Furthermore, I saved my letters and emails from Giove, so I could prove the agreement in court if necessary.
I called Giove back, and without identifying myself, simply asked for their Colorado license number. I was immediately transferred to Mr. Mattuchi who now suddenly had a copy of the settlement agreement and was sending me a letter stating that the debt was paid.
A final note to all who deal with these crooked people: Save all your letters, emails, etc. From Giove. They will attempt to renege on their agreements and milk you for all it's worth.
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