Complaint / Review
Hunter Warfield
They threatened to take an unlawful civil action

I spoke with a HW representative today, and I have never in my life had to suffer such indignency.

I called due to a letter about a debt I hav NEVER received or even susected I owed money to, and the man could not have been more rude and hostile if he had scripted it out ahead of time.

However, the real story came when he said:
"Mr. *, im lookin right here at your credit report, and you see that mortgage you have? Well im gonna put a lien on that mortgage next week if you dont pay"

For those of you who know the law, that statement violated U.S.C. 15 USC 1692e Section 807 (4) (5); otherwise known as the FDCPA

First off, no person can place a lien on your mortgage. They can sue you, get a judgment, THEN file for a garnishment or lien.BY representing that he "will place a lien" on my mortgage "next week if i do not pay" he has violated the act by representing that an unlawful lien will be placed on my house by next week if I do not pay.

This act is to be dintinguished from an appropriate statement of "Mr. *, if you do not pay, we may file suit and in an attempt to collect our judgment, we may secure a lien agaisnt your mortgage."

I have contacted the originor creditor to find out how all this started. If I find out that HW was not asigned the right to file a lawsuit on behalf of the creditor, then they are in way deep hot water.

When I told the rep that he could not place a lien on my property by next week, he stated he could; until I told him I was in law school, that only a court of law could allow him to do that, and he was welcome to serve me If he had the authority, and I refused to be bullied by his unlawful threats.

He responded by saying I wasn't a lawyer yet!!!

Please don 't tell me what he meant was that he could place a lein, or a lien could result. It's just this type of threats that the Federal Statute is supposed to prevent people from making. If I had no legal education, then I might actualy be fearful someone could just put a lien on my house in one week. You cannot place a lien of peoples homes in one week so do not violate Federal Law by threatening to do that if they do not pay!

By the by, companies like this are why I volunteer my time with Legal Aid. Now, having heard, first hand, how these people handle collections, I have an extra spring in my step everytime I do any work for someone on the wrong end of these collction agencies.