These are some sort of scam operation. They have an address from about 5 years ago & say I ordered 10-15 magazines & now they are collecting. Never happened! I usually don't answer & they leave no message.
The collection agency, Malcolm S Gerald, is located in Chicago. If you received a call from them, there is only one reason; They want your money. They want you to open your check book, or debit card. Don't be fooled. Even if you OWE the debt, you should NEVER pay to the collection agency. You do not owe them anything. The original creditor has written-off the debt and got their tax break from uncle Sam. So if you pay to the collection agency, it does not satisfy anything, it does not good to your credit. If anything, it will make your credit WORSE, because your FICO will trigger this account as a recent activity. So please, never pay a dime to a debt collector.
If you get call, or if you receive a dunning letter from them, send them by cerified mail, the following letter and keep a copy for youself. In addition, get a copy of your credit report, log every phone call, browse consumer boards and educate yourself about the law called FDCPA.
This letter is called, Validations of Debt. It is the ultimate weapon against debt collectors.
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YOUR NAME
Address
City, State Zip
Collection Agency's Name
Address
city, State Zip
Date
Re: Acct #
Certified Mail Return Receipt: xxxx xxxx xxxx xxxx
To Whom It May Concern:
This letter is being sent to you in response to the telephone call I received from you on (date). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will file suit against you without further notice.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
I paid the third party collector like you had said people should do but what happened to me after I paid the debt another collection agency called me about the same exact debt 6 months later but this time 250$ was added on had to forward everything to my states AG office so do not pay anyone but the original owner of the debt.
Malcolm S Gerald and Associates keeps on calling but I only answer the phone for calls I know. Thanks caller ID. They can keep on wasting their resources calling my number. I don't know what they want and I don't care. They can write me a letter since I need toilet paper. Please don't answer calls if you don't know who the caller is and soon they would be out of business.
Malcolm S Gerald and Associates keeps on calling but I only answer the phone for calls I know. Thanks caller ID. They can keep on wasting their resources calling my number. I don't know what they want and I don't care. They can write me a letter since I need toilet paper. Please don't answer calls if you don't know who the caller is and soon they would be out of business.
no less than thirteen calls in last seven days.will not leave message or answer any questions as to who or why they are calling. Why should I pay my attorney when I already pay taxes that pay the state attorney general? after the last counter-productive call about two hours ago, I blocked their number.If this joker wants war--I'll brake the arrow!they have been told time and time again that the person they seek is not here, yet they continue to call,.Would the FTC consider this harassment or just blatant stupidity.