Bogus Collection Agency (Bounty Hunter) Trying to Collect Judgment

10/30/2009 1:21:53 PM

Thank you so much for your fantastic Web site, debtcollectorphonenumber.com! I have a situation that isn't properly addressed on the site, but is one that is becoming more and more of problem for folks everywhere: valid debt (and acknowledged by debtor) pursued by COLLECTOR W/O ASSIGNMENT (but claiming it has). In my case, they THREATEN to get a Writ of Execution, which may be an unfair pressure tactic if they really cannot apply for it (because they are bogus). Could I get a little help here? Thank you.

A PAY-TWICE SCAM?: In my case, collector has knowledge of the debt and the court judgment that established the debt but has not and REFUSES to show Assignment Agreement, nor have I been sent a "Notice of Assignment" by the creditor (judgment holder). There is a chance this is an attempt to COLLECT TWICE - less strange sounding when you know how sleazy the parties involved are - first by Collector, then by Creditor shows up demanding payment and claiming, 'You paid wrong party; Collector never had assignment from us.'

CURRENT PROBLEM: A firm (Firm) sued me in 2004 and obtained a judgment from my local court. They turned over the judgment to a collection agency (CA). From the beginning CA was so sleazy that I did not know what to believe. They have NEVER proven that they have assignment to collect, though of course they claim it. After a *3-year break* in contact (prior one in Spring, 2006), I suddenly get notice that they will seek a Writ of Execution to begin levying against me. HOW CAN I BLOCK THEM GETTING THIS WRIT?

** IMPORTANT QUESTION: Can a party (CA) CLAIMING to represent the creditor take a copy of the judgment order and get a Writ of Execution WITHOUT the debtor having any opportunity to object - e.g., that debt is already paid off [not the case in my situation] or that the particular party has no real interest [ownership or assignment]?

MAKING SENSE OF THE SCAM: You might be wondering about this, so I'll offer three possibilities why this sort of thing happens. (Clearly, no scammer wants to make the "hand" it is playing clear.) (1) CA had a *Conditional* Assignment from Firm (creditor) which has ended or lapsed, but they pretend they can *still* collect; (2) CA is in one state, I am in another, and they may not be licensed to collect here; (3) "Collect Twice" scam, as mentioned above (both CA & Firm collect separately).

Any suggestions on how to fight this abuse, both locally (1) Stop/Quash Writ; 2) complaint to court; 3) complaint to Governor's Consumer Protection Agency [already did this]) & Federally (e.g., FDCPA violations). Thank you so much!

Comments

Posted by Tommy, Tampa, FL on 2009-10-30 13:25:28

What state do you live in?

Posted by Be Responsible, East Florida on 2010-1-3 10:51:59

Look, I know alot of people here including myself might not be "fond" of collection agencies but there are some out there who you can't take lightly. Hunter Warfield deals with apartment and funeral home debt as well as commercial businesses. They are legally hired by the very same companies you did business with (I.E.: Apartment complexes you lived in, funeral home etc) and they DON'T buy the debt for pennies on the dollar like all of you might think.

They are hired to do what their clients tell them to do and that means resolving the debt their clients way NOT yours (ie.: mailing in $25 a month). This is why majority of the time the apartment complex will send you back to Hunter Warfield to resolve the matter.

Word of advice: DON'T START OUT WITH AN ATTITUDE. MOST OF YOU DO BECAUSE YOU HATE BEING CALLED ABOUT A BILL YOU KNOW YOU LEGALLY OWE.

Alot of you complain about this company and make accusations of rudeness and other claims but the truth is 9 times out of 10 it's the consumer (debtor) who is the cause of the problems like rudeness, yelling, screaming or cursing. EVERYTHING is recorded and monitored there which the reps tell you upfront. It's called the "Mini Miranda". I guarantee you if I had the chance to listen to some of your calls it would reveal the truth that YOU are the cause for the problems of resolving the debt most of the time. Any rep who curses at you would be fired on the spot. When you leave an apartment many times people don't get receipts or the correct documents to make sure they don't owe anything upon vacating the apt. I didn't which made me mad at MYSELF not them.

If you filed bankruptcy or have an attorney which most people claim but don't have then it is your LEGAL obligation to give that collector who called you that information to verify it otherwise they DO have the legal right to keep calling you unless you send them a cease and desist letter. Unfortunately most people just say that have an attorney or filed bankruptcy and hang up without providing the information which AGAIN you are legally required to do.

Also, by the way just because you have an attorney or dispute the bill doesn't mean it will stop everything from reporting to your credit report or recommending legal action taken against you.

This type of debt is NOT like a credit card where it gets sold off to different agencies. The burden of proof falls on the person that owes it and if not it is your legal responsiblity to prove it's not owed. Always check the contract or lease that YOU signed. The debt stays at Hunter Warfield until it gets paid either voluntarily by you or involuntarily (i.e.: lawsuit, judgement, garnishment etc). You won't be able to rent another place or buy anything with credit unless this property debt is resolved. Remember there are two sides to every story and all we are hearing is one side until now.

I have been inside the offices of HW to pay a bill and it's a classy place. You would never think it's a collection agency and believe me I have seen some hole in the wall collection places. I use to work for a couple of them. HW looks more like a law office.

My suggestion is to do your research, work out the issue with the company and move on. STOP whining because like I stated before most of the time it's the debtor (YOU) who makes the problem.

FOR THE RECORD: YOU ARE NOT A CUSTOMER. YOU OWE A DEBT.

Customer service is for companies like AT&T, Banks etc who offer products or services they want to sell you in which you are currently doing business with. This is a collection agency who collects a debt that has to be paid by YOU.

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