Attempt to collect old CC debt? Scam?

I received a call at work today from and Uknown on my caller ID. First I didn't answer, they kept calling. Finally I answered and he asked if I was who he was looking for and to verify my last 4 of social. I verified and he stated he was trying to deliver a summons. He was trying to deliver to my old address and said this was his 2nd attempt. I asked what it was for and he said it was sealed and for my eyes only. He gave me a docket number, a phone number and name of a person to contact. I said I would like to get more information before saying anything further. He said he had until 2:30 to deliver and it no stop order was placed on it, he would try again. I never gave him any information or admitted anything. Didn't give new address either. I did some searching and number was based out of sheboygan,milwaukee Wisconsin. Didn't trace back to a law firm or any collection agencies. Also tried googling the name and couldn't find anything on him. (the number was 920-287-0911) So I called the number and it sounded like it was a call center. Was told they weren't sure if Henry Weinsteene? (pronounced Wine-Steen) was in or not. They had to verify again it was me that was calling. I was then placed on hold for awhile then somebody else answered and had me verify it was me once again. Completely different person this time. I was told he had to let me know that this conversation was being recorded for, forgot waht he said exactly, and it would be used as evidence. He told me it was a charge that had been sent to the legal department and something about letters was said. I was told it was for an old Chase-Circuit City account that I had opened that was currently at 5k and some change. He then said it looks like it was tried to settle for 3k and then asked," How come I never attempted to pay it?" Something along those lines, but before he finished I just hung up on him. So all I did was verified it was me and I said OK after he told me his whole schpeel. After I said Ok and before I hung up is when he asked me about the 3k settlement I stated earlier. I believe I also received a 1099-C from, for cancellation of debt, on this account. I'm not sure if that relevant or not. Is this a big scam? is it legit? I have no idea and I don't want to investigate this further and have it bite me in the backside. My state statute of limitations is 6 years on open-ended accounts (credit cards) I never made any partials and I ever admitted to owning the debt personally. Sorry for the long post. I'm just trying to get this figured out without making things bad for myself. If it helps I received phone calls similar to this a couple years back for a Kays account then I basically ignored and nothing ever happened. Below is a picture of the TL from my report. Transunion Equifax

It sounds like they are collecting on "zombie" debt, past the SOL. Many CA's call and threaten legal action, wage garnishment, etc to intimidate you into making a payment thus effectively resetting the SOL back to 0 days. Keep in mind when they threaten "legal action"; the CA rep having a cup of coffee is "legal action", sending you another letter is "legal action", if they threaten to "sue" you then you have solid grounds for an FDCPA claim against the CA based on the fact that they told you they would take an action against you that they do not intend to carry out based on the SOL period being expired I did this not long ago, next time they call get their name and mailing address, give them a verbal Cease and Desist then follow up with a written CMRRR C&D. The CA is allowed to contact you one more time to say they received your C&D and debt collection will cease. Anymore calls from them and it's an easy $1k in your pocket for FDCPA violation. It's worth to note that Chase was recently fined $136 million by the CFPB. Chase is supposed to stop collecting on 528,000 accounts, yours may be one of those, here's the link: http://www.consumerfinance.gov/newsroom/cfpb-47-states-and-d-c-take-action-against-jpmorgan-chase-for-selling-bad-credit-card-debt-and-robo-signing-court-documents/

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h2. The application
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*[summary phase, 8.9943085 secs]*
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Java HotSpot(TM) Client VM (build 19.1-b02, mixed mode)
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Thanks for any help!*
---- GC snippet
2012-01-31T07:39:32.350-0500: 329853.039: [GC [PSYoungGen: 716798K->102393K(716800K)] 1475117K->879812K(1515520K), 0.0614928 secs] [Times: user=0.44 sys=0.00, real=0.06 secs]
Heap after GC invocations=28726 (full 187):
PSYoungGen total 716800K, used 102393K [0xb6bf0000, 0xe8bf0000, 0xe8bf0000)
eden space 614400K, 0% used [0xb6bf0000,0xb6bf0000,0xdc3f0000)
from space 102400K, 99% used [0xe27f0000,0xe8bee458,0xe8bf0000)
to space 102400K, 0% used [0xdc3f0000,0xdc3f0000,0xe27f0000)
ParOldGen total 798720K, used 777419K [0x85ff0000, 0xb6bf0000, 0xb6bf0000)
object space 798720K, 97% used [0x85ff0000,0xb5722cc8,0xb6bf0000)
PSPermGen total 98304K, used 77426K [0x7fff0000, 0x85ff0000, 0x85ff0000)
object space 98304K, 78% used [0x7fff0000,0x84b8cbc8,0x85ff0000)
Total time for which application threads were stopped: 0.0668004 seconds
{Heap before GC invocations=28727 (full 187):
PSYoungGen      total 716800K, used 716793K [0xb6bf0000, 0xe8bf0000, 0xe8bf0000)
eden space 614400K, 100% used [0xb6bf0000,0xdc3f0000,0xdc3f0000)
from space 102400K, 99% used [0xe27f0000,0xe8bee458,0xe8bf0000)
to   space 102400K, 0% used [0xdc3f0000,0xdc3f0000,0xe27f0000)
ParOldGen       total 798720K, used 777419K [0x85ff0000, 0xb6bf0000, 0xb6bf0000)
object space 798720K, 97% used [0x85ff0000,0xb5722cc8,0xb6bf0000)
PSPermGen       total 98304K, used 77426K [0x7fff0000, 0x85ff0000, 0x85ff0000)
object space 98304K, 78% used [0x7fff0000,0x84b8cbc8,0x85ff0000)
h2. *2012-01-31T07:39:37.740-0500: 329858.432: [GC-- [PSYoungGen: 716793K->716793K(716800K)] 1494212K->1515510K(1515520K), 3.9532929 secs] [Times: user=0.72 sys=0.03, real=3.95 secs]*
Heap after GC invocations=28727 (full 187):
PSYoungGen total 716800K, used 716793K [0xb6bf0000, 0xe8bf0000, 0xe8bf0000)
eden space 614400K, 100% used [0xb6bf0000,0xdc3f0000,0xdc3f0000)
from space 102400K, 99% used [0xe27f0000,0xe8bee458,0xe8bf0000)
to space 102400K, 99% used [0xdc3f0000,0xe27efee0,0xe27f0000)
ParOldGen total 798720K, used 798717K [0x85ff0000, 0xb6bf0000, 0xb6bf0000)
object space 798720K, 99% used [0x85ff0000,0xb6bef670,0xb6bf0000)
PSPermGen total 98304K, used 77426K [0x7fff0000, 0x85ff0000, 0x85ff0000)
object space 98304K, 78% used [0x7fff0000,0x84b8cbc8,0x85ff0000)
329862.386: [pre compact{Heap before GC invocations=28728 (full 188):
PSYoungGen      total 716800K, used 716793K [0xb6bf0000, 0xe8bf0000, 0xe8bf0000)
eden space 614400K, 100% used [0xb6bf0000,0xdc3f0000,0xdc3f0000)
from space 102400K, 99% used [0xe27f0000,0xe8bee458,0xe8bf0000)
to   space 102400K, 99% used [0xdc3f0000,0xe27efee0,0xe27f0000)
ParOldGen       total 798720K, used 798717K [0x85ff0000, 0xb6bf0000, 0xb6bf0000)
object space 798720K, 99% used [0x85ff0000,0xb6bef670,0xb6bf0000)
PSPermGen       total 98304K, used 77426K [0x7fff0000, 0x85ff0000, 0x85ff0000)
object space 98304K, 78% used [0x7fff0000,0x84b8cbc8,0x85ff0000)
, 0.0003397 secs]
h2. *2012-01-31T07:39:41.694-0500: 329862.386: [Full GC329862.388: [marking phase329862.388: [par mark, 0.5320380 secs]*
329862.921: [reference processing, 0.0051108 secs]
329862.926: [class unloading, 0.0369949 secs]
, 0.5742662 secs]
*329862.963: [summary phase, 8.9943085 secs]*
329871.957: [adjust roots, 0.0357495 secs]
329871.993: [compact perm gen, 0.0782944 secs]
329872.071: [compaction phase329872.071: [drain task setup, 0.0006238 secs]
329872.072: [dense prefix task setup, 0.0000046 secs]
329872.072: [steal task setup, 0.0000005 secs]
329872.072: [par compact, 0.2223263 secs]
329872.295: [deferred updates, 0.0189229 secs]
, 0.2421987 secs]
*329872.313: [post compact, 29.4723376 secs]*
h2. [PSYoungGen: 716793K->0K(716800K)] [ParOldGen: 798717K->335346K(798720K)] 1515510K->335346K(1515520K) [PSPermGen: 77426K->77422K(98304K)], 39.3998183 secs] [Times: user=3.53 sys=0.16, real=39.39 secs]
Heap after GC invocations=28728 (full 188):
PSYoungGen total 716800K, used 0K [0xb6bf0000, 0xe8bf0000, 0xe8bf0000)
eden space 614400K, 0% used [0xb6bf0000,0xb6bf0000,0xdc3f0000)
from space 102400K, 0% used [0xe27f0000,0xe27f0000,0xe8bf0000)
to space 102400K, 0% used [0xdc3f0000,0xdc3f0000,0xe27f0000)
ParOldGen total 798720K, used 335346K [0x85ff0000, 0xb6bf0000, 0xb6bf0000)
object space 798720K, 41% used [0x85ff0000,0x9a76c838,0xb6bf0000)
PSPermGen total 98304K, used 77422K [0x7fff0000, 0x85ff0000, 0x85ff0000)
object space 98304K, 78% used [0x7fff0000,0x84b8ba08,0x85ff0000)
h2. Total time for which application threads were stopped: 43.3590538 seconds
Total time for which application threads were stopped: 0.0180008 seconds

Intensive GC times when collecting the old generation with parallelOldGC. Locking.

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Last edited by purple12 (2010-09-14 02:56:36)

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It bein 9 uears old kinda triggers a bell. That is suspiciously close to the normal ten year enforceability period of a judgment in most states.I supect, particularly due to the fact that the communication came from a party who is also an attorney, that their database triggered a reminder to make a last attempt at collection prior to deciding whether to file for an extension of the enforceability of the judgment. Now tht you have indicated some willingness to pay rather than simply telling them to take a hike or sending them a cease communicatin letter, I would assume they will file for extension of the enforceability of the judgment. That might also trigger a decision to seek an order of specific satisfaction, such as garnishement of pay or bank assets. I would give serious thought to paying at their offered level. So I shouldn't have contacted them? I was told I should. How do I find out who owns the judgment that is no longer at their office? Midland owned it and is still checking my credit once a year but Breit no longer has the case. I will try to settle the Cavalry 1 this week. We are about $800 apart...

Help with collection

I have posted about this previously and have been working on it and could use some help/advice. I had a charge of from 2011 from JC Penney for $741 and when I contacted JC P to make payment, they sent me to a company called "crown asset management." When I contacted this company they said they weren't handling the collection and sent me to an attorrneys office. When I called them they agreed to a payment plan and at that time nothing was on my credit report for this account except the charge off. I have made 2 payments and suddenly a collection pops up on my account from JC Penney and the collection is listed under Synchrony Bank FKA GEO Capital. I want the collection to note that it is open and being "paid as promised." Crown Assett Management, JC Penney and the Attorney office all say to contact one another. I have called Synchrony Bank and they do not have an account in my name. What can I do? I am pulling my hair out with this one.

The taking and reporting of the charge-off is totally separate from any issue of subsequent collection on the debt.It is simply a reporting by the creditor that they moved the bad debt in their accounting books from a receivable asset over to an loss as a bad debt.The consumer continues to owe the entire debt, and can continue to collect upon it themselves of via a debt collector.A charged-off debt can also become a collection if referred to or sold to a debt collector. An in-house collection can still qualify as a debt collector under the FDCPA, and thus report a collection.As clearly defined under FDCPA 803(6), "the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."Synchrony is thus considered a debt collector, and subject to all provisions of the FDCPA. As you pay the debt, you can insist that they promptly update the remaining balance under their collection, and notify the credtior of the current balance.FCRA 623(a)(2) requires a party who has reported to a CRA to promplty update their reporting so as to maintain its current accuracy.It is common for creditors and debt collectors not to update the remaining balance after receipt of each payment, but technically you can insist that they do so. Once the debt is paid, neither the charge-off reported by the OC nor any collection that might also be reported by a debt collector is required to be deleted.They are required to promplty update the balance to show $0 debt (creditor) and $0 remaining under collection (any debt collector).

Attempt to collect old CC debt? Scam?

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