[Joe Cobb]

Less than two weeks ago we received our first phone call from some "company" that only left their number and a name (Kim Carroll). Ms. Carroll instructed my wife to call her back immediately

I returned the call and found that Ms. Carroll was "getting ready to file arbitration paper on behalf of her client for monies owed from an old MBNA account, and that failure to pay this would result in my wife having her wages garnished and her property siezed."

Being dumb, and my wife being 9 months pregnant, I immediately asked what could I do to resolve the matter without further harassment. I was instructed to come up with roughly $6,000 by 2pm the following day. I called them back later that day stating that I might be able to work something out, but I would need more time and I was told there would NOT be more time as the paperwork would be filed in my county the following day at 2pm. I pleaded with Ms. Carroll as my wife was going into the hospital the very next day for a C-section... she wasn't fazed.

Since I had not been provided any other information, I immediately contacted an attorney (friend) and did some research on the net. (found this site) I eventually pieced together that Pallino Assets LLC had hired MRS collections to pursue this account. I took the advice of my attorney, and a cease and desist letter along with the usual provide proof of the debt etc was sent off.

Over the next 5 days, these people called my cell, my wife's cell and our home at least 3 times a day. They even called us while we were in the hospital with our newborn.

They have called telling us we need to set up a court date... and to my knowledge this is NEVER done in GA small claims court.

Then they started calling my wife's parents and telling them she was going to be sued. This of course was way after the magic deadline of 2pm as originally told to me. They have gone as far as to call from the same number (877) 230- 8414 to say that they are with the Gwinnett County (county I live in) Government and that my wife needs to schedule a time for her court appearance...

Now, after we are certain they have received the C&D letter, they continue to call FROM THE SAME NUMBER, but this time there's a new name behind the calls claiming to be an attorney with Mercantile Adjustment Bureau. I looked his name up on a website listing New York attorneys (Mercantile is based in Buffalo) but he was not listed.

I wish I had the time and energy to sue these people. They continuously scoff at the laws provided to keep them in check. Any further ADVICE?

[Lowtax4eva]

How old is the debt? Have they sent you any letters trying to collect this amount, you could complaint to the FTC but they may not even see your complaint for months.

Your best bet is to get a lawyer to write up something telling them not to contact you till they prove they are working for the company you owe money to. Send them another registered copy of the letter for proof of the debt.

[Joe Cobb]

Thank you for your quick response. The last date of activity on the debt is 6/04... so the SOL will not run out until next June here in Georgia.

We have sent paperwork, C&D letters, and have asked for everything in writing... but they continue to call and PRETEND to be: A) MRS Collections, B) Mecantile Adjustment Bureau, C) Gwinnett County Court System, D) No business name given.

I can't really afford an attorney at this point, but after reading much of the info on the web... I'm pretty sure they are in violation of the FTC rules several times over.

I would really like to sink my claws into these guys. They are horrid.

[ScottGem]

Sure sounds like it. So what I would suggest you do is contact your state Attorney General's office. They should give you advice on how to handle it. Make sure you have full documentation of your claims.

If you have a caller ID that can do a print out, use that. Otherwise, take pictures of the CallerID display that shows the number, date and times of the calls. Get a Phone pickup mic (Radio Shack has them). As soon as they start talking inform them that you are recording the call.

[Joe Cobb]

Well the calls stopped. And no further contact has been made.

[N0help4u]

They will start again and by then the interest will be even higher.
I tried sending one of these collection agencies money one time and they balance never went down because of how they tack on all that interest. I thought that once it went into collection the interest stopped HA!

(877) 230-8414

[excon]

Hello Joe:

After a cease and desist letter has been sent, the only option they have left is to sue you. Get ready for it.

excon