Please help - Atty Lawrence Hecker panicked me [Archive] - Page 2

confuzed

07-30-2007, 01:47 PM

Thanks!

And I am perfectly willing to be held up and exhibited as the Poster Girl for When Reasonably Smart People Act Really Dumb and Get Shamed Into Giving Banking Information to Scumsucking Bottomfeeders.

I'd wear it big on a T-shirt if I thought it would save one other person from doing what I did! :evil:

The phone messages actually made me feel better. I mean, come on - if they were really poised to do all this legal stuff and it was real and I "gave" them a check and then stopped it - wouldn't they just DO IT instead of calling me some more? BS artists.

Methuss

07-30-2007, 02:14 PM

Well first off you didn't give them a check. You only gave them information. The only way they can claim otherwise was if they illegally recorded the phone call without your consent...even then it would get thrown out as evidence since it was illegally obtained.

Goes something like this: confuzed agreed to pay thereby resetting the SoL; you respond with show your proof; we have a tape recording; objection - confuzed did not consent to recording of any conversation as such the poffered evidence is inadmissible as it was obtained illegally - plaintiff cannot benefit in court from an illegal act; Judge renders evidence inadmissble, SoL stands.

Even if the judge doesn't throw out any tape recording, you can claim the check information was obtained by fraud and in bad faith in direct opposition to law and public policy. SoL again stands.

If they call again, and you feel up to it, you can tell them that your attorney (bluff) has been educating you about the FDCPA. The FDCPA requires that collectors, including attorneys that are collectors, cannot use deception or lie to you. But there is no law at all that says you have to be completely truthful with them.

confuzed

07-30-2007, 03:59 PM

I really don't think I had better talk to them. I'm not feeling very confident. They should be getting my letter requesting all communication be in writing, mailed Saturday.

I think they'd like to talk to me, though - four calls today (three messages and one hangup.) :roll:

Amerikaner83

07-30-2007, 05:40 PM

in WA, 4 calls in one day constitutes harassment (actually, more than 3 calls in a single week constitutes harassment) - does Cali have anything like that in the customer protection statutes?

confuzed

07-30-2007, 06:49 PM

I don't know. I thought I read something about it on the forums, but I haven't been able to find it again.

I also read in a sticky that it is actually illegal to even try (??) to collect on a timebarred debt, but I'm not having any luck reading the .pdf version of the Cali FDCPA where it supposedly says that - Acrobat Reader keeps crashing. :(

IHateCAs

07-30-2007, 07:13 PM

Rumors that collecting on OOS Cali debt has been greatly exaggerated. Don't waste your time reading that adobe file looking for that.

confuzed

07-30-2007, 07:17 PM

Okay - thanks. So it's the same as other states; if there is a debt, no matter how old, it is legal to try to collect on it, I would assume.

Would the stuff about how many phone calls are okay be in that .pdf? I don't know if they are limited in California.

bigjohnstud4200

07-30-2007, 07:37 PM

The only states I've heard, and believe, to be illegal to attempt to collect on time-barred debts is WI and Missississippi.

virtualrn

07-30-2007, 10:40 PM

As a a native, post dated checks are null and void out here in Cali-just in case they try to scare you with "fraud!" Duress !!!! Went through a similar experience several years ago with an angry CA. Sure wish I had known about this site. Gave banking info over the phone. Didn't close the bank account, just contacted the bank, district attorney, and filed a police report. Then quickly faxed them a you are not authorized to debit my account under any circumstances along with the DA contact # and a copy of the online police report. Probably would have filed a complaint with the AG had I been more of an expert. Anyway, they were run out of business shortly after! xdancex

virtualrn

07-30-2007, 10:57 PM

Also, threatening your livelihood is despicable! You are a teacher and there is a huge shortage out here. What, they are going to post your debt on a public board and send you to debtors prison? Geez! On second thought, file a complaint with the Calif AG and the AG in the state they are located in!
http://www.dca.ca.gov/online_services/complaints/citizen_complaint.shtml. And check out the complaints against this parasite on this site!

confuzed

07-30-2007, 11:10 PM

Eh; I'm only a teacher's aide, we make less money. ;) He obviously knew my employer or industry, though - I didn't tell him I worked for a school, and he didn't mention the name of the school, only the stuff about schoolteachers.

I thought about filing complaints with the AG's, but they want a lot of documentation and I don't have any.

virtualrn

07-30-2007, 11:17 PM

You don't need documentation. Just give them the facts of the phone call, how they threatened you until you surrendered banking information for post dated checks. That is it. The AG will send a inquiry of your complaint in about a week to these jerks, and chances are they will deny that they ever contacted you. Is this outfit even licensed in our state?

confuzed

07-30-2007, 11:23 PM

From what I read, Cali is not one of the states that requires licensing for debt collectors?

virtualrn

07-30-2007, 11:42 PM

Yes, this is true, thinking of something entirely different. It is late, need to get off this board. File a complaint with AGs though. Difficult to prove phone threats but it will make this outfit squirm along with your complaints to the FTC and BBB.

IHateCAs

07-31-2007, 05:32 AM

I did search, that's how I even found this forum! Of course I wish I would have searched BEFORE I gave him any information, but that's the price of shame - if I hadn't ever had financial trouble, if I'd never been in collections for anything, if I didn't FEEL like a deadbeat debtor - then I wouldn't have been suckered.

I wish he didn't have my cel number; I must've given it to him, though I don't remember doing it. I could've blubbered out anything - he probably knows about my sex life. (kidding - I couldn't care less!)

I hope my request for DV does scare him off. We'll see.
In the interest of full disclosure, you should probably tell us all about it. It's important for your ummm... case or whatever. Pictures are good.

confuzed

07-31-2007, 07:51 AM

Ha! It's probably the only thing about me that would be even more boring than my full credit history and hard-luck story! :lol:

Wait...the man says he's trying to help me...he says he's on my side...he needs this information to help me...(eyes glaze over)...must tell him anything he asks...must answer all questions....

bigjohnstud4200

07-31-2007, 07:58 AM

Wait...the man says he's trying to help me...he says he's on my side...he needs this information to help me...(eyes glaze over)...must tell him anything he asks...must answer all questions....

:roflmao:

IHateCAs

07-31-2007, 08:45 AM

You'll fit in here nicely.

confuzed

07-31-2007, 09:23 AM

Three calls so far this morning, three messages. I haven't even listened to them. Either they haven't gotten my "do not call, must write" letters or they're ignoring them.

clipped from the CA Attorney General's site:

"There is no law that specifically limits the number of calls an agency may make to you, but repeated calls over a short period, which may be annoying or harassing, are prohibited.....15 USC Sections 1692c & 1692d; CC Section 1788.11(d) & (e))."

http://www.ag.ca.gov/consumers/general/collection_agencies10.htm

confuzed

07-31-2007, 11:06 AM

Thought you might enjoy one of my messages. I did.

""Miss X Lance Matthews I have a closed account in front of me can you please give me a call back and let me know in fact what is going on, good or bad news it doesn't matter,
just keep me posted on what's going on and if there's a reason why the account has been closed so that I can keep everything documented formally and no one can say you're not trying to take care of this again, umm, (unintelligible) help uh, if there has been change in (unintelligible) or thought just give me a call and just state that to me, I do have a closed account in front of me my number again is 800 355 0123 reference number is xxx thank you."

He's only trying to help me!

bigjohnstud4200

07-31-2007, 11:12 AM

confuzed

07-31-2007, 11:24 AM

Oh yeah. But it made me grin when I heard him say he had a closed account in front of him, and say, "D^$#! right you do, you B@^!%."

rmuse00

07-31-2007, 11:56 AM

:hah:

Oh yeah. But it made me grin when I heard him say he had a closed account in front of him, and say, "D^$#! right you do, you <A href="mailto:B@^!%."[/quote">B@^!%."

Dear Mr. Idiot Hecker, please call again so you can continue to hang yourself!
Sincerely,

I've got my consumer power back! xdancex

:lol:

confuzed

07-31-2007, 07:13 PM

I went and saw the NACA consumer attorney today, who basically told me what you guys are telling me (grin) - I have two options.

Don't answer, ignore, do nothing, they'll get tired and go away and sell me to someone else where I can not answer, ignore, they'll get tired and go away...ad infinitum, if they want. Yes, they can sue, but I go to court and say timebarred and we're done. Yes, if I don't get the summons they can get a default but he really doesn't think they're going to bother with suing me, they will move on to the next sucker. But I would have to live with the calls on the home and cell and maybe letters from these guys and other guys later and the infuriation factor.

Sue. There are already enough violations in my notes to get them, he thinks; he's not sure, he wants to talk to his partner because I don't have letters or written docs. But if I want to sue, he thinks they would do that for me, no cost, Hecker loses and pays their fees plus my winnings. (If Hecker wins there is stil no cost to me.) The "cost" to me is that yes they can depose me and ask about all my past due debts and humiliate me, and lawsuits are stressful, and although it isn't likely it would get to court, it could. It's more likely to settle. And it is really the ONLY way to make this go away forever. (he says I would not get a lot of money, but it would stop them.)

I'm in the middle of a civil suit (not about debt) and I swore I would never sue anyone again, it wrecks your life. But I do not think this one could take 3 years nor cost me all my savings if I chose to do it.

He sent me off to think about what I wanted to do and to he will talk to his partner. So I'm thinking.

Anyone have opinions? Is it worth the stress and humiliation of a suit to make these things go away?

merkurfan

07-31-2007, 09:12 PM

Yes, if you sue them and get the correct settlement it will be the end of it. Divemedic knows much more about it than I. But basically in the settlement the debt gets assigned to you (IE you'd have to call yourself and bug yourself about paying it) or it gets killed in the settlement (they agree to shred/distory/burn never sell).

confuzed

07-31-2007, 11:12 PM

I suppose it doesn't matter if I actually owe it or not, as long as I owe it to ME. ;) I am a very nice person and would forgive myself immediately, I bet.

Okay, thanks. Maybe divemedic will weigh in, if he knows a lot about it, too. I'm going back and forth on whether to lay low or storm the castle.

No more calls this afternoon - musta gotten my letter.

confuzed

07-31-2007, 11:18 PM

Incidentally, I was googling Lawrence Hecker + lawsuits and similar things again today, trying to track down all the suits filed against these folks that I could, and one of the top results was this thread.

I wonder if the CA's google their names or read public forums like this.

IHateCAs

08-01-2007, 07:09 AM

CAs are very aware of this and other boards as we are aware of their boards.

It's a good idea to stop that debt in its tracks. If you just ignore them and they go away, eventually you will have to deal with it again.

A lawsuit can bring about a settlement where the debt is effectively erased. No one will ever bother you about it again. I dunno what your current civil suit is about, but a) I doubt Hecker will fight much if they even bother to respond and b) it shouldnt be nearly as stressful.

confuzed

08-01-2007, 01:02 PM

The lawsuit is condo HOA stuff and has been dragging on for almost three years and is now in appeal. It has cost us a ton of money and distress (like 4 hour depositions). The good guys haven't won so far. That's why I hesitate to sue.

But I'm thinking I might this time, although I do not know what will happen when I say all the things they said to me and THEY say no, they never did. No recording of the call!

In case they can bring suit for the debt in response to my suit, I think I need to know some things first.

Was there ever any debt? Citibank will tell me that, whether this is even my old account number, and whenever theire records say the last payment was made on my account.

If yes - then I have to find out what happened to the debt all those years ago and when the date of first default is. Hecker's jackals I THINK said I paid something on it in 2000, or maybe they asked me if I remembered paying in 2000, I don't remember anything about it, but I did write down "2000" when I was talking to them. If they can't prove that, then they just lied. If they say I did pay in 2000, that's still outside SOL in California. (This explains why they never threatened to report it or ruin my credit rating - they already know they can't!) But they have to prove that because I sure don't remember anything about it. But as far as I know they are the only people who would have that supposed "information." There's nowhere else I could ask, is there?

If I'm comfortable that there is no debt or that any debt is outside SOL, then I think I will go ahead and sue, if the attorneys think we can with only the phone call violations.

confuzed

08-02-2007, 10:46 AM

Oh Good Lord, I just got a call/no message from Teleperformance, and I looked them up, and THEY appear to be in the collections business too...they announced today that they bought Alliance One.

Could Hecker have sold me that fast? Since Monday when the "check" didn't go through, and it's now Thursday, and some another company is calling?

Is Alliance One a JDB too? Would they have bought me?

bigjohnstud4200

08-02-2007, 04:52 PM

I wouldn't doubt it.. They now know you have "wised up".

confuzed

08-02-2007, 07:06 PM

Dang. I wish they'd left a message. I'd like to know if my name has been sold.

If Hecker no longer owns the "debt", do they have to respond to my DV? Since I sent it before they sold me?

I really really want to see what they have on this. I know there's debate about whether it's legal to collect on timebarred debts in California, but I tell you, if they sold my name off, I really really want to sue.

I guess Teleperformance will call again or write to me if they have my name and it wasn't just a wrong number.

bigjohnstud4200

08-03-2007, 06:42 AM

IHateCAs

08-03-2007, 06:51 AM

The lawsuit is condo HOA stuff and has been dragging on for almost three years and is now in appeal. It has cost us a ton of money and distress (like 4 hour depositions). The good guys haven't won so far. That's why I hesitate to sue.

<tangent>
I said this in another thread before I think...

Avoid condo and homeowners associations like the plague. They are lawsuit magnets and hurt your property value. If someone slips and falls on your neighbors property and gets sued, that doesn't affect you. If someone slips and falls in the common areas of your condo/hoa and sues, your entire development suffers.

Plus they are Communist and that's bad.
</tangent>

In case they can bring suit for the debt in response to my suit, I think I need to know some things first.

If you sue them in federal court, they cannot. If you sue them in state court, they can. However this debt is so damned old I think they'd know better if you were represented by counsel.

If they say I did pay in 2000, that's still outside SOL in California.

Bingo.

If I'm comfortable that there is no debt or that any debt is outside SOL, then I think I will go ahead and sue, if the attorneys think we can with only the phone call violations.
I would not go in with only he said she said phone call violations, but if you trust your attorney, go for it.

IHateCAs

08-03-2007, 06:54 AM

There is no requirement to ever respond to a DV, however, if they don't respond they CANNOT collect on it.
9th circuit interprets it differently.

The statute reads "will obtain verification" as in, they have no choice but to do it.

confuzed

08-03-2007, 08:48 AM

Yep; I've owned and lived in my home for 21 years, and I would tell anyone exactly that: do not buy a condominium. Do not get involved with an HOA. What seems like a good idea on the surface - groups of homeowners pool together to purchase shared benefits they could not afford individually, such as a swimming pool - turns out to be a nightmare. Don't EVER do it.

But I learned something by this too: don't go to court for justice. I didn't know that. It was told to me by a very smart retired judge mediator in this HOA case. Go for money, if you think the law will give it to you, but do not go for justice, that's not what court does. I repeated that to the NACA attorney, and he said that's true, don't go for "the principle" of the thing.

So in this case, there is not very much money at stake, it's more the principle - they can't DO this to people - and to stop them from ever bothering me again.

It would be federal court, according to the attorney.

But if they've sold the debt - then suing Hecker wouldn't stop it, because they weren't going to bother me again anyway. And whoever they sold it to can continue to try to collect. I think. Right?

That's why I'd really like to know if they've sold it.

confuzed

08-03-2007, 09:04 AM

I'd like to know if anyone can verify this info from the attorney -

He said that I can't really lose by suing in fed court - if I win, Hecker pays the attorney fees, plus the violations to me; if I lose, I get nothing, and the attorneys eat their costs (except the $300 filing fee.)

If we settle, we settle for the attorney fees + something for me, I owe the difference between the actual attorney charges and the settlement ones, if it's more than my settlement, we don't settle.

HadEnough

08-03-2007, 09:14 AM

But I learned something by this too: don't go to court for justice.

My consumer attorney (who just settled my case against a CA out of court on contingency) advised me that the local Federal Disctrict court was biased against consumers.

I'm let to conclude, that these judicial 'biases which are clearly demarcated
politically, go 'both ways.'

- i.e., if you in the right, and have followed correct procedure you will stand a good chance of prevailing in a venue which is known to be 'consumer friendly.'

This is just an opinion BTW. An observation from another victim of our corrupt credit system.

IHateCAs

08-03-2007, 10:44 AM

rmuse00

08-03-2007, 10:58 AM

Something to keep in mind Confuzed is that Heckler has been in the hotseat before. :? He might now want to end up there again! Especially if he thinks you have proof of his collecting tactics!

http://www.lawcash.com/attorney/3418/lawrence-a-hecker-pa-lawsuit.asp

I just love the title of this post! Looking back..where is he now? :lol:

confuzed

08-03-2007, 12:58 PM

Letter from Citi today:

"...we do not have enough information to complete our reaearch....Citibank has a seven-year retention period. Information prior to seven years ago is no longer available. If you would like us to continue....we will need the last transaction date, other signers, the address on the account while open."

I'd given them my name, address, and social, but they garbled the address so badly it's wonder the letter even got here. Still, I phoned, and they said the name and social ought to be enough to verify that there's been no activity with THEM in over seven years.

Still doesn't tell me whether there was a balance, but it tells me that they can't tell me. :(

CarolinaBlueEyes

08-03-2007, 11:17 PM

you give them NOTHING you do not hand them any info they dont already have

confuzed

08-04-2007, 08:53 AM

Spoke with the attorney yesterday and asked what would happen if Hecker sold the "debt" - would winning a suit therefore be pointless because someone ELSE would just try to collect? He said no, we'd make it part of the settlement that if the account was sold, Hecker would have to get it back and make it go away forever. :)

I told him I thought I wanted to go ahead; he's still going to confer with partner to see if they think we have enough grounds, and talk to me Monday.

Amerikaner83

08-04-2007, 09:30 AM

sweet! Have fun with this one - perhaps start planning a vacation...?

confuzed

08-04-2007, 09:47 AM

:) If I netted any money out of this, I would take my kids somewhere fun they wanted to go for a day. They've been terrorized by this. The younger one isn't sleeping well. The older one is watching the mail for any bad stuff from these guys. We have a very small home and there's no way they could miss Mom talking on the phone and crying (or being on the Internet at a credit site for hours!) My being stressed stresses them. It's part of what has p^!#@ed me off so much. DO NOT HURT MY CHILDREN. Ya know?

------------------------
These guys are fast!

NJ BBB response received today 8/4
My complaint filed online 7/28
Letter from BBB dated 7/31

They say they have processed the complaint to the company on 7/31 and the company has 30 days to respond. They will advise me in writing if Hecker responds or doesn't.