Keep receiving calls from Rothstein acquisition firm stating they have court documentation with my ssn and dob also have calls from others saying a complaint filed in my county for check fraud and and civil suit. All calls reference a file number of: 5591910 with a call back number of: 844-603-1119 ext 304. Some calls ar partial voice and partial recording. Also calls from a place call United Courier Services saying I need two forms of identification to sign for court documents to be delivered to my residence, home or place of employment.
They have also called my wife cell phone and my late sisters phone and left messages stating they have court documentation with my ssn and dob also have calls from others saying a complaint filed in the county I live. I spoke to these people at one time and told them I had no idea what they were talking about, They tried to get me to admit the debt. I told them it would be stupid of anyone to make that admittance or provide any personal credit card information. I also told them to send me a letter about this debt, but I have yet to see such a thing. This has been going on and off for several months now. If they truly had any court documents then they would have been knocking on my door by now. I also keep a check of court filings and nothing there
>> complaint filed in my county for check fraud <<
Your independent investigation of those calls has definitely revealed the callers are ... um ... scammers, since you did not obtain the loan, and they did not provide the required Validation Notice within 5 days of the original call. If you wish, contact your Attorney General, and ask about suing that company.
If you HAD obtained a payday loan, the following would apply:
Some Payday Loan lenders will attempt to convince the borrower that the check they left is fraudulent, and the lender will file a fraud case. Borrowers should read this:
http://www.in.gov/dfi/FAQ_-_Check_fraud_.pdf
The important paragraph in that PDF is:
"... if the small lender knew, at time of receipt, that the account had insufficient funds, or that the check was postdated, the issuer has not committed the crime of Check Deception"
(Although that is a citation from Indiana law, the laws are similar in most states that permit payday loans)
Here is a citation from the Uniform Commercial Code (UCC), which is valid in ALL 50 states:
Section 3-104(2)(b) of the UCC, defines a check as “a draft drawn on a bank and payable on demand.” A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.
Yes, borrowers should pay their debts, but lenders must (by law) follow the correct procedures to collect those debts. A summary of the Fair Debt Collection Practices Act (FDCPA) is here:
http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
More information,from the FCC, on loans and how to report debt collector violations:
http://www.consumer.ftc.gov/articles/0149-debt-collection
Recent news, stating the FTC DOES shut down these scammers!
http://800notes.com/forum/ta-a42dc4be97913e8/ ... ection-scammers
and
http://www.consumerfinance.gov/newsroom/cfpb- ... -cycle-of-debt/