On 1/3 I was left a message by Erika Rodgers who identified her self at a process server. The message stated that legal action was pending and I needed to contact. The person planning to pursue legal action. The person gave a number of 877-235-7624 reference number 1443-15. I contacted a Shawna who stated that she was with a legal firm called Upstate management and they are attorneys representing Cashnet. They gave information about a debt I owe and they were willing to not pursue legal action against me.
I asked if they had bought the debt from a previous collection agency the representative stated yes. I stated that if they were already going to serve that they had already filed the lawsuit. The representative stated that she was going to speak with an attorney. The representative came back after a few moments and stated that the attorney said that it had not. The representative stated that to avoid service I should pay a lump sum or six payments. I asked on numerous occasions if the company was a law firm and she stated that they were. I stated that I would get back to them in 24 hours.
As a retired police officer I did a brief investigation. I was able to find numerous complaints and a lawsuit out of a district court in New York that is pending and legal opinions have been given by the judge stating that they are debt collectors and must comply with the FDCPA. According to section 1692 of the act it states that a debt collection company may not threaten legal action. Upstate management is in clear violation of this act.
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