Forensic Case Management Services, Inc.

This company advertises collection services via business to business telemarketing calls. ~~If you have been contacted by a collection agency for a debt which seems unfamiliar to you carefully check your records to verify the the origin and amount before paying. The Fair Debt Collection Practices Act protects consumers from unfair collection tactics including threats harassment and collection of fictitious debts.~~This law also requires debt collectors to supply documentation to substantiate the debt upon request of the debtor. If they are unable to present the requested documentation you are not required to pay the debt.~~Some collection agencies buy old uncollected debts. They are able to do this by paying only a cent or two on the dollar and they try to collect from debtors who may not realize that collection is time-barred by the statute of limitations (usually four years). These collection agencies often use intimidation such as threatening legal action and sometimes even criminal action if you do not pay. Or they may offer a small discount if you pay now. If they can collect even a partial payment though that can bring the entire debt back within the statute of limitations and allow them to attempt to collect it. ~You should know that you can be sued for a debt no matter how old it is. However you may assert that it is outside the statute of limitations as a defense to the action. Indeed in the case of a lawsuit where the debt is time-barred you must make that assertion or the collection agency could obtain a judgment against you. Whether or not you actually incurred the debt though if collection is barred by the statute of limitations and you respond to the collection agency's initial request by telling them that it's not too likely that they will file suit in the first place. Any debt that is more than seven years old generally may not be reported on your credit report. However some collection agents that buy old debts engage in a practice called "re-aging." They report the bad debt as more recent than it really is which causes your FICO score (the credit score lenders use to help them decide whether they should make a loan to you) to drop dramatically. ~~The collection agency has to tell you in writing how much you owe to whom that unless you dispute the validity of the debt or some part of it within 30 days after you receive the notice they will assume it is valid that if you do dispute it they will send you verification of it and that if you request it they will send you the name and address of the original creditor. If you do request verification or the creditor's name and address the collection agency has to stop their collection efforts until they've provided them. You do have to request either of these items of information in writing within 30 days after you first receive written notice from the collection agency. The same holds true for a court judgment. That is you are entitled to a copy if you request it in writing within these same 30 days and collection efforts must be suspended until the copy is provided. ~~A collection agency may not make these threats against you to collect a debt: To use physical force or violence or any other criminal means to harm you your property or your reputation; to accuse you of committing a criminal offense if you don't pay when the accusation would be false; assign the debt to a third person and to represent that this would cut off a defense or to garnish your wages seize your property or arrest you unless they can legally and intend to do it; to communicate to anyone information (other than nonpayment of the debt) that will defame you; and to take any other action that cannot legally be taken or that is prohibited by law or to threaten any action they do not actually intend to take. ~They are also prohibited from taking possession of your property by nonjudicial action unless they actually intend to do it. (Of course they may also not make such a threat if there is no enforceable security interest or if the property is by law exempt from such taking or communicate credit information about you that they know or should know is false.~~Should a collection agency violate California law (the California Debt Collection Practices Act) in collecting a debt from you you may file an action for actual damages you sustained because of their violation. In some cases the court may assess a penalty of between $100 and $1 000. If you prevail in the action you are also entitled to reasonable attorney's fees. (Conversely if the creditor prevails and the court finds that your prosecution or defense of the action was not in good faith they are entitled to attorney's fees from you.) Should a collection agency fail to comply with any requirement of the federal Debt Collection Practices Act they are liable for actual damages you sustained plus in an individual action a penalty of up to $1 000. A prevailing plaintiff may be awarded reasonable attorney's fees while a finding of bad faith in bringing the action on the part of the plaintiff may result in an award of attorney's fees to the prevailing defendant.