(302) 861-5032

I have been contacted by this company closing on a dozen times. At one point I had their number blocked through my cell provider, and the block apparent expired. I got another call from them today, from an automated system, indicating that I would be "forfeiting my rights" and they would be "contacting your human resources department" to "serve you papers". This is all for a payday loan taking out in 2007 originating from the website 1000easypaydayloans.com, financed by a company called Bahama Marketing Group. Admittedly, I defaulted on the loan because I didn't have the money to pay it. I attempted making contact with the company, which was later known as Hushak Group, and could never get anyone on the phone. A few years went by without any word from anyone, until I got a call from Bayview Solutions, the first debt collector to contact me. They sent me out verification, and I I paid the debt off completely in 2010. Since 2012 I have received hundreds of calls about this debt from dozens of collection agencies, all claiming various amounts. Now, back to Goldberg and Associates. The woman on the recording, who when you speak to her claims to work for a law office, is completely clueless about the law. First, I was accused of check fraud for an ACH transaction. The problem with this particular claim is that the loan originated in Texas, and the contract signed pursuant to Texas law, which means that I had to physically write a check in order to be guilty of check fraud. The second claim, when I shut her down about that, was that I attempted to defraud a financial institution because I took a load out with no intention of paying it back. The unfortunately reality here is that you have to be able to prove intent to be charged with a crime centered around intent, and since I paid the loan back, obviously I had no intention of defrauding anyone. Third, she indicates that if I do not handle the issue immediately I will lose all rights, and will be forced to appear in court. There are a laundry list of falsities contained in that little nugget, not the least of which is attempt to assert that I will lose any right to contest the debt or otherwise defend myself in a court of law. For those of you dealing with these people, let me make a few things clear: First, there is never an instance where the FDCPA does not apply to someone calling you regarding a debt. This company claims to be a law firm, and therefore claims to be immune to those particular statutes. Under the law, they conduct the business of collecting debt, so how they categorize their business is of no consequence, as they are debt collectors. Second, this company is going to start spewing a laundry list of generic legal terms at you in an attempt to scare you to death, many of which are misrepresentations. The laws that apply to your particular situation are the laws of the state you reside in. If you state requires a physical banking instrument (paper check with your signature on it) to constitute check fraud, and you did not write a check, then you have not committed check fraud. Third, there is a statute of limitations on the majority of debts, payday loans notwithstanding. If you took a payday loan out 12 years ago and missed a payment, these vultures have absolutely no legal recourse to collect the money you allegedly owe. I am of course not insinuating that you should fail to resolve any debts you might owe, but knowledge is power in this instance. To Goldberg and Associates: I was licensed private investigator in the state of Texas who was engaged in physical assets recovery, and had to be well versed in the nuances of the FDCPA as such. I have been studying the law since I was a sophomore in high school, well over a decade ago, and am particularly well versed in Texas statutes (I have the entire code on my bookshelf), so don't call me attempting to misrepresent the law because you think you will scare me. The debt you are attempting to collect was paid-off four years ago, so it's not my fault you got screwed buying a bad portfolio, but then it seems like poetic justice since you sold debt portfolios you had not title to sell (Public records, aren't they awesome? Did I mention I was formerly a private investigator?). My suggestion to you is to get your act together before you wind up facing a class action lawsuit (there appears to be a class here as a matter of fact), which will in turn trigger a federal investigation that is likely to leave your collective colon cleaner than box of cookies in front of a toddler.

called did not leave message. civil suit against me. Will serve me papers at my job or home. Wanting to give me the chance to pay now. Is this real?

called left message, civil suit against me. Will serve me papers to appear in court