Consumer complaint received 2018-03-06
Company: McCalla Raymer Leibert Pierce, LLC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
I was contacted via a phone call on XX/XX/XXXX from a unidentified number. A gentleman stating his name as " XXXX XXXX '' informed me that I was to call XXXX and reference a file number. 

I called the XXXX number at approx. XXXX CST and the call was answered by a woman who did not identify herself. I explained the call received and she said she didn't recognize that name and put me on hold. Upon returning to the call, she said that this was an attempt to initiate legal correspondence regarding an XXXX XXXX purchase on a XXXX XXXX XXXX. The date the account was opened was in XX/XX/XXXX. Apparently payments were made until XX/XX/XXXX and then it was sent to collections in XX/XX/XXXX, and then sold off in XX/XX/XXXX. I asked who she represented, and she said she worked for XXXX XXXX XXXX in XXXX XXXX. 

I had no knowledge of this card, this debt, nor an XXXX product purchased in XX/XX/XXXX. 

She essentially told me that the debt-holder was XXXX, had a non-disclosure agreement and couldn't be identified. I asked about the statute of limitations and she told me the debt had been revived in a phone call in which I had verbally acknowledged the debt. 

This woman, who still had yet to identify herself, went on to tell me that I was going to be served at my home and then since the XXXX suing me had paid for a process server, I would have to go to court for the full amount. She could not tell me the initial purchase amount, but when it went to collections in XX/XX/XXXX, the balance was {$1600.00} and the amount I will be sued for is $ {$5100.00}. 

Of course she proceeded to use scare tactics when I inquired on how to dispute the debt, since I have absolutely no knowledge of it, and she told me that a judge would probably question why I hadn't filed a fraud claim within 3 years of the account/purchase, and he would rule against me. 

Of course, I could agree to a settlement right there and then, or within 48 hours. When I asked how I would do that considering I had no documentation in writing of any of this, she said I could call her back. Her name is XXXX and she is at extension XXXX. She also said she would email me the offer of settlement. I did not receive that. She also told me if I didn't accept the offer, I would have to go to court, pay the full amount, and have a mark or judgement on my credit for 10 years. 

I called back the next day and got more information from XXXX XXXX, a Manager in the Mediation Dept. at XXXX XXXX XXXX, and he gave me more information. He told me the statute ends on the XXXX of this month, and also that there was no record of the " verbal admission '' that apparently revived the debt. I would have to file for a " Discovery Hearing '' in court if I was to get that information. If I wanted to " hear or see anything. '' XXXX also told me that the statute of limitations applied to where I live now ( XXXX ) versus where the debt was from originally ( XXXX ).

He sent me the offer letter via email, which I took screen shots of. Apparently the company that is suing me has to send me correspondence with in 30 days of collection and I again stated that I hadn't received anything, had no knowledge of this debt or account, and to my knowledge, hadn't been contacted by anyone before yesterday. 

I got the address of XXXX XXXX XXXX in XXXX XXXX and basically left me with little else, except to say that his company had investigated this claim and found no reason for the claim to be dismissed ( ie., that they have the go-ahead to sue me ).

Company response to consumer: Closed with explanation