How they get bank accounts

[catleg]

I found a document today .... well let's just say it's a contact log for a collections case. Ended up someplace it shouldn't be.

Collection attorney gets judgment against party.
Attempts to contact party .. phone line is disconnected.
Determines phone carrier associated with former phone line. (could easily guess, but they used 411.com)
Sends "subpoena" (big words ... threatening letter) to telco asking for how account was formerly paid.
Telco responds with a couple of credit card numbers
Evil attorney now "subpoenas" credit card company for banks used to make payments on accounts.
Credit card companies respond, well let's just say it was a dry hole this time but I can see how this works now.

So be sure to put some extra distance between your bank accounts and your telco payments if you're ducking judgments.

What's scary is that I'm not sure the "subpoenas" are even legal, but these big companies just roll over and give up info so easily.

[Dst1]

"So be sure to put some extra distance between your bank accounts and your telco payments if you're ducking judgments."

Unless you are paying by cash or money order that's difficult.

This tactic seems normal to me. It's just that I can't imagine that it would happen in 90% of the cases due to the costs involved. There has to be a lot of money at stake. I honestly can't imagine they would go to such lengths for a 5K credit card debt.

[catleg]

You have to realize that all that's really happening is some clerk at the attorney's office is writing nasty letters which they are allowed to call "subpoenas" by virtue of the local court rules, and following up on "tickler" files.
It also depends on big corps rolling over for any Tom Dick or Harry who issues them a "subpoena" and giving them private information.
I'm fairly sure the NJ rules of civil procedure do not support "subpoenas" to telecom providers to give up billing info for civil judgment enforcement, yet it is being done, apparently.
Likewise, credit cards are banks and all too happy to sell out their debtor customers.

[GoingDown]

Collection agencies love to throw around the word "subpoena". It sounds scary and unfortunately, many people cave in from the pressure and fear tactics and cough information without even verifying that subpoena is actually a subpoena at all.

There is one rogue collection agency that currently goes by the name "Allied Legal Services" (it constantly changes its name by the way), (980) 939-0921, which starts off the conversation with the debtor like this...

"Mr. Going Down, we have a subpoena and a restraining order against you for XXXXX debt in the amount of $XX,XXX.XX. If you don't make arrangements to pay this debt by the end of today, we will have the Phoenix Police Department pick you up and hold you in contempt of court."

There are so many things wrong with what they said, but obviously they were lying about the whole thing. They clearly had no idea of what a subpoena or a restraining order even is.

They just throw it out there and hope that the debtor will cave in under the pressure.

I think a similar thing happens when a collection attorney sends out a letter asking for asset, checking account, and employment information. They hope that the debtor gets scared and then voluntarily coughs up the info for them. If it is sent by regular mail, I would simply throw it away in the garbage can. If it is sent by certified mail to me, well, I don't answer my door, and so the mailman will just send it back to them undelivered. The only way I would ever answer one of those things is if they actually served me with court documents from a process server, and that would cost them a lot of money, so they don't usually do that.

I have also heard of debt collectors sending a letter to a debtor's employer asking for salary information. I don't think the employer is required to answer those unless it is part of a garnishment process and then it would be served by the sheriff, not just sent in the mail.

[flyinbroke]

"Mr. Going Down, we have a subpoena and a restraining order against you for XXXXX debt in the amount of $XX,XXX.XX. If you don't make arrangements to pay this debt by the end of today, we will have the Phoenix Police Department pick you up and hold you in contempt of court."

.

Does this mean that my money can't get within 250 yards of a collector? Yahtzee!

[GoingDown]

Does this mean that my money can't get within 250 yards of a collector? Yahtzee!

Exactly.

They don't have a clue about what a restraining order even is.

They just lie all the time.

[ryan]

What's scary is that I'm not sure the "subpoenas" are even legal, but these big companies just roll over and give up info so easily.

I know thats true about big companies rolling over very easily when threatened about something not directly involving THEIR equities etc.

In a matter unrelated to debt, I know of many companies that supplied private info to law firms who merely sent very threatening letters, with no legal basis to do so....I was told there are law firms in many legal specialties that are known as "Bully Firms" and that they send out reams of bullying letters, rarely if ever actually going to court.

[GoingDown]

It's too bad the companies weren't held accountable for divulving personal information without a valid subpoena.

Part of their protocol should be to first verify that the subpoena is real before rolling over and coughing up the info.

[DYLAN150]

I was reading one collection site where it said they will dig up past divorce decrees hoping to find assets. A recent divorce decree would certainly have everything listed on it plus account numbers.

[flyinbroke]

I was reading one collection site where it said they will dig up past divorce decrees hoping to find assets. A recent divorce decree would certainly have everything listed on it plus account numbers.

Go ahead and dig up my ancient divorce...they will know how I wound up in this spot.