Goggins & Lavintman PA? Debt collecting attorneys?

Question

I got a call from a legal assistant yesterday telling me I wrote a bad check for $18 over four years ago and that I now owed $143. They couldn't verify anything about the check and couldn't even give me my address to prove it was really me, all they had was a telephone number and a name (although they did ask me about one address and I said it was wrong but they told me that it didn't mean anything). I know I've never bounced a check before and my checking has never dropped below $500. So now they're "supposed" to get me a copy of the alleged check and I've got my bank looking into it, but on preliminary searches they found no corresponding check. Any advice on what to do about these jackasses?

http://gogginslegal.com/

Answer 1

I agree with SCH they are required to provide validation when requested - but your request must be done in writing not verbally
Collection atty's are held under the FDCPA the same as regular collection agencies.

Send them a debt validation (DV) letter before 30 days passes from receiving that phone call. If it is the first time you had heard from them then they MUST stop ALL collection activities until they validate. (by law they must send you something in writing concerning the debt 5 days after a telephone contact, but they usually don't - which is a violation)

Do NOT sign the DV - only print your initials or type your name
Anything you send to them should be sent certified mail return receipt

Order paid copies of your credit reports to see if they are reporting on them
If they are reporting, after you receive the signed green card back from sending the DV, file disputes with the CRA's concerning their reporting. If they verify with the CRA's "before" they validate with you, that is a violation.
If they haven't sent validation to you and follow the law, they won't verify with the CRA's, so the CRA's must delete.

You can find free sample DV letter templates in the link that SCH provided or click on my profile and click on the last link I have listed and you can find other free sample DV letter templates.

Answer 2

***********
I've never heard of them before, but it definitely sounds like a scam. Nobody would hire an attorney for $143. Maybe small claims court if anything. And more than likely, the statue of limitations has expired in you state (sometimes it's 5 yrs though)

It just really does not make sense why someone would hire an attorney over that amount and then not be able to verify anything. And how does $18 turn into $143? interest?

What ever you do though, do not give them any in for and wait until they provide the bad check. I do think you're in the clear though.
****************

Answer 3

If you know you have never bounced a check then you know it couldn't possibly be you. You already have your bank looking into it, you already told these guys that it wasn't you, I just wouldn't worry about it anymore. If they call again, I would tell them you have never bounced a check and that if they keep calling you about something you did not do, you will seek legal action. They don't sound very kosher to me, so I wouldn't think that you have anything to worry about as long as you didn't give out any information to them. I don't know that any legit place would have waited 4 years to find you over $18.00. Just doesn't sound right to me. I wish you luck though.

Answer 4

With the fair debt collections act debt collectors (which these people are, even if they call themselves a lawfirm) are requiredc to provide debt validation. This means not only do they have to provide proof of the original debt, but they have to provide an exact accounting of all fees that have been attached to the debt.

If they cannot do this the debt is invalid and not owed. Please check the info on this link for more information about debt validation:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Answer 5

Sounds like a scam, wanted a credit card or a bank withdrawal over the phone right? Tell them to mail you the complaint, fees, all pertinent information, bet you do not see anything