i just got a phone call from this number 1-407-219-9562 dont know how they got both my cell number and my home number they call me twice from this phone and from anlother phone number which is 1-888-850-4127..
My daughter-in-law just received a call from 407-219-9562. The man on the phone stated he was looking for my son regarding a law suit. The company is P.N. Credit Services. Their main office is located in Massachusetts, with other offices in Orlando, Fl. The 407 Area Code with 219 is out of Orlando. The company is a debt buying company that recently bought a large portfolio of City Bank Debts that were charged off and outlawed by the Statute of Limitations, which is now 5 years from the date of last transaction. The male caller failed to identify himself or state he was a debt collector and that the call was an attempt to collect a debt and that any information obtained would be used for that purpose as required under the (Federal Statute) Consumer Credit Protection Act, Public Law 95-109, commonly known as the Fair Debt Collection Practices Act. (FDCPA) 15 USC 1692g, pp 809, Communication in Connection with Debt Collection. By stating the call was regarding a lawsuit the caller violated Section 15 USC 1692e False or Misleading Representations. (A debt collector is barred from using the term "lawsuit' in any form unless the debt collector is a licensed attorney) The debt collectors call to a third party (my daughter-in-law) violated 15 USC 1692c, Section 805, paragraph (c) Communication With Third Parties. The debt collector's call also violated the Illinois Collection Agency Act in that their call was placed to a person residing within the State of Illinois. Some debt buying companies feel that since they bought the debt they are now the legal owner of the debt and as such are not bound by the FDCPA as a third party collection agent would be. However, the Federal Court has ruled that debt buying companies are in fact required to comply with the FDCPA.
In response to the debt collector's call I placed a call to the company. Upon speaking with the collector I identified myself as my sons attorney, and inquired as to what the call involved. The "collector" panicked and refused to provide any information. At that point I informed the "collector" of the numerous violations of the FDCPA and Illinois Act committed when he placed the call to my daughter-in-law and chose to inform her that the call was regarding a lawsuit. The collection agent terminated the call by hanging up without any further comment.
In the State of Illinois a debt buying company has absolutely no leverage to pursue litigation through their attorney in any Stqate or County Court. The only way they can obtain a judgement against the consumer is if a lawsuit is filed through their attorney, the consumer is served with a Summons and Complaint personally or through substitute service on a resident of the debtor's household 13 years of age or older. and then the consumer or consumer's attorney fails to appear in Court upon which a default judgment could be entered against the consumer by the Court. If the consumer or consumer's attorney appears and makes a Discovery Demand for the debt buying company to produce a copy of each and every signed charge ticket, a copy of the original contract with the original creditor, a handwriting expert to verify the consumers signature on each charge ticket, an employee of the original creditor's credit department to testify as to the Assignment, amount of compensation (usually pennies on the dollor), the Assignment Affidavit to the debt buying company, and the person or credit manager who is/was employed by the company who took the original credit application, who would then be required to identify the consumer as being the exact person who completed the original credit application and submitted it to her/him. In Illinois without the above mentioned items the debt buying company has no chance of obtaining a judgment against the alleged consumer. We all know the debt buying company is never going to be able to comply with the Discovery Demands, and, even if they could the most they can expect to obtain a judgment for would be the amoun they paid to buy the debt, plus costs, (and attorney fees if the orginal contract provided for attorney fees in the event of litigation to enforce payment of the debt)
Your answer is, the debt collector was in violation of Federal Statute if/when he identified himself as being from the Osceola County Sheriff's Department. Public Law 95-109 (FDCPA) 15 USC 1692e section 807 False of Misleading Representations. You should report the call to the Sheriff's Department.