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Quick question: Is first premier bank platinum Discover Card good? Many thanks for any response. Another question I got... I feel like such an idiot. I wish I'd discovered this site earlier..

I have a few questions, I need assistance with..

1. I recently was coerced to pay on an old account I believe was past the SOL in my state (CA). The JDB Collector would not send me any documentation and stated that it hadn't expired. He then threatened to file a judgement against me, and when I sent them DV letters via Certified Mail, he contacted me and told me that if I didn't pay his company would proceed with legal action. Well, I basically told him that I had rights per the research I did, and he told me that the debt had been verified, it wasn't past the SOL, and I would soon be served if I didn't agree to pay. I said, "Ok, serve me at my home and we'll see each other in court." He responded with, "You are going to get served at your place of employment." I thought he was bluffing and said, "Fine.".

Well, sure enough, 5 minutes later he contacts the head of my department and is later transfered to my boss. My boss then comes to me and says, "Hey, I just want to give you a heads up. I got a call from a man who wanted to find out about our policies/procedures in regards to serving one of our employees, you." I was so embarrased and told him I was being sued for a debt that's not mine. Anyways, I freaked out because I work for the government in a political environment and my image is everything. Therefore, I told him that I'd contact the individual to find out what the matter was about. He then showed me a fax the JDB Collector had sent him where he was requesting my personal information from payroll.



Long story short, I freaked out, went outside and settled with the the JDB Collector via telephone (I know, huge mistake). So now I have one more payment to make so they can "supposedly" stop their legal action and close out the account..

1. Did I totally screw up by cracking and making that first payment? I have never acknowledged this debt to be mine but when they contacted my employer, I just decided to settle it to avoid further embarrassment (being served at work in front of all of my coworkers). It's also not on my credit report so I didn't want my improving scores to be dinged..

2. Can I sue to this company for their practices? How many laws did they violate if any? Note: Again, I'm in the State of California..

3. What should I do next? Am I out $3000 and totally out luck?.

I wish I'd found this forum earlier, but I don't think that would've prevented this company from contacting my employer, which by the way is one of the most embarrassing things I've ever had to experience. This sucks..

This post has been edited by.

Fixitrebel.

: 17 March 2009 - 01:38 PM..

asked Mar 05 at 11:44

Emmanuel's gravatar image

Emmanuel
88


Ye, but you might wanna make sure and wait for another commenter to confirm my answer as I am unsure of myself. Better yet, why don't you call the Discover Card guys because they can assist you better...

answered Mar 05 at 12:43

Connor's gravatar image

Connor
3962

Wow that sounds so messed up. If you have any documentation of these obvious violations I would talk to an attorney...

answered Mar 05 at 13:28

Penelope
's gravatar image

Penelope
2826

I talked to an attorney today and he told me that I need to cancel that Discover card transaction ASAP, cancel the card, and he's taking the case on a contingency basis. Does that sound right?..

answered Mar 05 at 13:39

Josephine
's gravatar image

Josephine
2187

Most attys would not take this type of case on contingency if he or she did not think it was very egregious and potentially profitable...

answered Mar 05 at 14:25

Annabella
's gravatar image

Annabella
2109

Great news. I now have an attorney and we're going to war. I feel so relieved now. I should've hired an attorney from the start, I mean these days I can afford it. I commend those of you that have actually taken the time to learn the system, file court docs, etc. However, I don't have time to worry about this stuff so I'd much prefer to hire an attorney to save me valuable time and rid me of the stress that goes along with handling these types of matters.



This post has been edited by.

Fixitrebel.

: 20 March 2009 - 06:11 PM..

answered Mar 05 at 15:52

Lexie
's gravatar image

Lexie
3954

Well good luck.. the only problem with that is... the only one that is truly going to care about your credit is you... the sweat and blook I put into this is what will make me never get into that mess again.

Wish you the best..

answered Mar 05 at 16:46

Charlie's gravatar image

Charlie
101

I agree. Believe me, I'm now just educating myself and learning about the entire process. In fact, I'm pretty obsessed with learning everything I can about credit repair. I have about 10 negative items (lates, old baddies that were paid off, etc.) I'm now disputing with all of the CRAs. Fortunately, I only have 2 active Collections account left to go. When 2008 began, I had 7.

I wish I'd known the importance of credit when I was in my early 20s. It sucks because now I have a really good job, and I may have to wait a few more years until my credit score shoots up dramatically so I can get a much lower interest rate on a home...

answered Mar 05 at 17:29

Riley
's gravatar image

Riley
4278

Typical JDB harassment and intimidation tactics. Get a copy of whatever they faxed to your employer. They can't get a garnishment without a judgment, so they've broken 3rd party disclosure laws by that fax. Have your lawyer get a statement, or better yet an affidavit stating what they called and said. I'd sure love to hear any updates on this..

Some sections of the FDCPA they may have violated (some for sure, others a bit of a stretch):.

1692 b(2) Contact of Third Party: Stated that the consumer owes any debt.

1692 c(.

With anyone except consumer, consumer€™s attorney, or credit bureau concerning the debt.

1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person.

1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection.

1692 e(2) Character, amount, or legal status of the alleged debt (if it was indeed SOL).

1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment.

1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken.

1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt.

1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication (have you EVER received anything from them?).

And that's not counting any state laws that apply. I hope you litigate them into nonexistence...

answered Mar 05 at 18:20

Summer
's gravatar image

Summer
3041

I am a firm believer in letting a professional handle legal matters..

Best of Luck,.

EarnIt..

answered Mar 05 at 19:03

Reid's gravatar image

Reid
782

Update.

The company I was suing did not respond to my attorney's subpoena requests until 9 months later. This was good news for me because I basically won by default..

Last week I received word from my attorney that we would be attending a settlement conference today..

To my surprise, everything went above and beyond my wildest expectations. We settled with the JDB today for close to $37,000.00. I will be getting a check for 60% of that in one month!.

What have I learned from this? Do not let these law breaking JDBs push you around. Document all possible violations and contact an attorney ASAP. You may just be in for a big surprise once it's all said and done..

The best part of it all is that my credit score has increased by 40 points since I discovered this forum, and thanks to the settlement, I will soon be completely debt free! My credit score should be in the 700s by year's end!.

This post has been edited by.

Fixitrebel.

: 06 January 2010 - 10:57 PM..

answered Mar 05 at 19:43

Bryce's gravatar image

Bryce
1045

Wow! That is amazing, OP. Congrats on the settlement and for such a big improvement in your scores. Sounds like things have really turned around for you!..

answered Mar 05 at 20:12

Aden's gravatar image

Aden
4092

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