No one can be "served" by phone, fax, email, or smoke signals.
This is a common ploy by criminals attempting to extort money from people by scaring you into believing that you will be criminally charged, go to jail, lose your driver’s license, have wages garnished, etc. all for an alleged or nonexistent debt.
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://consumerfraudreporting.org/stateattorneygenerallist.php
My wife and I have been receiving calls from this company on our separate cell phones for over two months now. They demand payment of a debt and threaten to have us served and brought to court if we don't settle over the phone. We ask that they send us the demand via USPS and they say that they already have and that they are under no legal obligation to resend the letter. We refuse to make payment over the phone and they threaten again to have us brought to court. We filed a complaint with the Utah Attorney General.
How can I verify whether or not a debt collector is legitimate?
Here are a few warning signs that could signal a debt collection scam:
The debt collector threatens you. Legitimate debt collectors probably won't claim that they'll have you arrested or claim that they or their employees are law enforcement officers.
The debt collector refuses to give you information about your debt or is trying to collect a debt you do not recognize. You have certain rights to ask a debt collector to verify the debt. You can use this sample letter to request this information. Ask for an explanation in writing before you pay.
The debt collector refuses to give you a mailing address or phone number.
The debt collector asks you for sensitive personal financial information. You should never provide anyone with your personal financial information unless you are sure they're legitimate.
If you think that a caller may be a fake debt collector:
Ask the caller for his or her name, company, street address, telephone number, and professional license number. Many states require debt collectors to be licensed. Check the information the caller provides you with your state officials, or the state in which the debt collector holds a license. If the caller refuses or is unable to provide you with information about his company, or if you can’t verify the information he provides, do not give money to the caller or company.
Tell the caller that you refuse to discuss any debt until you get a written "validation notice." This notice must include:
The amount of the debt
The name of the creditor you owe
A description of certain rights under the federal Fair Debt Collection Practices Act
If a caller refuses to give you all of this information, consider requesting this information in writing or seeking assistance before paying the debt to make sure the debt, and the company, are valid.
Tip: You can consider sending the collector a letter requesting the information by using one of the CFPB's sample letters. You can also submit a complaint to the CFPB or you can contact your state Attorney General’s office.
Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector. Scam artists, like fake debt collectors, can use your information to commit identity theft such as:
Charging your existing credit cards
Opening new credit card or checking accounts
Writing fraudulent checks
Taking out loans in your name
Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt.
Report the call. Submit a complaint with the CFPB or get in touch with your state Attorney General's office with information about suspicious callers.
Stop speaking with the caller.If nothing else works and you believe the calls are fraudulent, send a letter demanding that the caller stop contacting you, and keep a copy for your files.
Tip: You can use this sample letter to write a letter demanding the debt collector stop contacting you. By law, real debt collectors must stop calling you if you ask them to in writing.
Tip: If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).