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Posted by Mia
(4.246.129.58) on August 10, 2004 at 19:31:46:
Hello, I got a phone call last week from a law firm for PCM. The lady said she was an attorney and that if I didn't settle they planned to take me to court to sue me for my wages. Next day she said she just worked for an attorney and again tried to force me to cooperate or have my case taken to court. I asked for a written settlement or agreement to be sent and I would look them over. She stated she could not do that but could send me three agreements for my signature and wanted to include the date of the month I would pay them. (What? is she confused!!) I told her I didn't know that as I don't believe this is my debt but that I did want to know what they were willing to do before I decided if I wanted it to go to court. She stated she would send me three letters one for each offer (12 month, 24 months or full settlement) She gave me one week to pick one or else she would file papers. (later found out she was not an attorney but works for one) I told her she had lied to me and that I wanted to talk to the attorney. She got angry and denied everything. I asked if they would sue in San Mateo county or Sacramento county because I wanted to be present in court. She said in her county. Than later I told her that I was requesting to be sued if my county if they decided to take this route. She stated "I told you I would sue you in Sacramento County." She ended the conversation by saying, "you better work with us or things will get worse." She stated even if I sign an agreement now she will still go to court and hung up on me. I started quoting penal codes and the FTC to her and she was clueless. She kept saying, "I don't know about that but I will sue you." I told her I work in the court system and have talked with attorneys and the burden of proof is on them. She didn't even know what that meant. I again asked to talk to someone who know the laws and she denied me.
She just started getting rude and said, "you go ask your attorney if you want to know the answer to that." I told her I could sue for 1000 in damage for her lying about being an attorney and she got quiet but stated that is only if you win and we don't. I don't think she knows the laws and that it made her angry. I felt she was incompetent. She did tell me on the phone she does not have much in the file to verify the debt. She stated she would make note I wanted verification and would start the research on it. She told me I didn't need to write a validation of debt letter as she know was on notice I wanted it. Lies I am sure. I also told her I wanted a copy of the original contract since I desputed this debt. I stated if they could prove to me with the orginal agreement and a list of charges and signature receipts ect. That at that point I would accept one of the offers. It is a week later. No settlement letters and no phone calls at all. What is up? I sent a c an d letter to PCM who the law firm works for and she than called me to settle. Isn't that a violation? She says no because she was calling to tell me she was going to sue. Than why did she give me the option to settle first! I think they found a loophole to call me. Anyway I am not concerned because the promised letters never surfaced. I am expecting to be served and think the c and d letter and my attitude on the phone pushed her to sue. I am also concerned about "seware service" since she is aware I know my rights and wish to be in court for the hearing. I suspect I will get a default judgement on this one and have to try and get the judgement vacated. Is she not calling or writing because of the c and d letter? Could that be it? So will I get served a summons in this case? This is driving me crazy.
Any dealing with Edgar Allen or PCM?
Any answers? Thanks in advance.
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