They used to just call on the phone and threaten to arrest you. Now scammers are actually posing as process servers and showing up at your place of work and even your home! According to the Internet Crime Complaint Center (IC3), the agency continues to receive complaints from victims of payday loan telephone collection scams.
The typical one involves a caller who claims you are delinquent on a payday loan and must make payment to avoid legal consequences. Callers pose as representatives of the FBI, various law firms, or other legitimate-sounding agencies. They relentlessly call your landline, cell phone, and place of employment in attempts to obtain payment. Because the callers are not legitimate, they refuse to provide information regarding the alleged payday loan or any documentation, and become abusive when questioned.
Often victims are told there are outstanding warrants for their arrest for non-payment. “During the perpetration of this crime, the caller demands payment via debit/credit card; in other cases, the caller further instructs victims to obtain a prepaid card to cover the payment,” says the IC3 website.
“The high-pressure collection tactics used by the fraudsters have also evolved. In one recent complaint, a person posing as a process server actually made a personal appearance at the victim’s place of employment. In another instance a fake process server came to victim’s home. In both cases, after claiming to be serving the victim with a court summons, the alleged process server indicated the victim could avoid going to court if the victim provided a debit card number for repayment of the loan.
“If you are contacted by someone who is trying to collect a debt that you do not owe, you should:
- Contact your local law enforcement agencies if you feel you are in immediate danger;
- Contact your bank(s) and credit card companies;
- Contact the three major credit bureaus and request an alert be put on your file;
- If you have received a legitimate loan and want to verify that you do not have any outstanding obligation, contact the loan company directly;
- File a complaint at www.IC3.gov.”
As a Certified Process Server in the state of Florida(appointed by the Chief Justice of the Circuit) I would like to add a few things out of concern that people might read this article and refuse to receive a summons or subpoeana from the Court for fear it is some kind of debt collection scam.
1) In Florida a person impersonating a Process Server has committed a 3rd degree felony by that act.
2) In Florida, attempting to pass off documents that simulate actual court documents is another 3rd Degree felony.
3) Process Servers are not in any way, shape or form, used for debt collection purpose in the state of Florida. Process Servers exist only to ensure that parties in a lawsuit are afforded the opportunity to exercise their due process rights in responding to claims made against them in a lawsuit. A Court Summons or Subpoena served on a person who is named as a party in a lawsuit is not an attempt to collect a debt, but is an invitation by the Court to give a reponse to a plaintiff who is claiming that a debt is owed.
4) Process Servers in Florida carry Court issued or Sheriff issued ID cards which should be in their possession at all times. It should display their name, photograph, identify the issuing authority and show a unique indentification number for that Process Server.
5) Any summons or other pleading you might receive from a Process Server it will contain his or her server number and initials at the minimum.
If you have questions about the authenticity of a Process Server there is nothing wrong at all with asking to see their indentification and making note of their name and server number. A phone call to the Clerk of Courts or the local Sheriff where that identification was issued can establish the indentity of the Process Server very easily. An actual Process Server is not going to have any conversation with you about any debt you owe, nor will they demand payment from you. If something like this happens, immediately call local law enforcement and make a full report including as much descriptive information as you can give them of the person impersonating a court officer.
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Sean, that is excellent information and I am sure our readers will appreciate it. Thank you so much for adding to the blog. People should know whether or not they owe a debt. Last summer I had a lady call our office for help–she knew she had never taken out a payday loan, but the scammers were harassing her at work so much she was getting in trouble with her boss! They just wouldn’t stop calling. We had her call the Sheriff’s Department and they called the scammers. That stopped the calls.
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In New York City, all persons who engage in the business of process serving must be licensed and bonded. Furthermore, all process servers must show their official identification card if requested by the person being served. Therefore I would recommend that if a person who alleges to be a process server visits your home or office you demand to see his/her process server photo identification card issued by the New York City Department of Consumers Affairs.
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A criminal mind will stretch creativity to any length to make their gain.
Kirk Wilhite
Process Server/Owner
Accuserve and Associates
Columbus, Ohio
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Kirk Wilhite and Accuserve and Associates is a scam. He has been reported to the BBB, Sheriff’s Departments, etc. as someoone who takes peoples money and never follows through with process service.
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Just received a call from someone claiming to be a process server. Caller gave me a name and a case # from Tennessee and told me to call 855-571-8796 to get more details. Since I have not been to Tennessee in many years I was suspicious. I called the court in Tennessee and the Sherriff confirmed the case # given to me was bogus and there was nothing in their system under my name. I am not sure of what the scam was going to be but clearly this was not a legitimate call. 855-571-8796 has compaints posted on web but no other clear information.
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Received the same type of call here in NY from a male caller who claimed to be a process server for a civil litigation case. He was referenced an address that was sold 18 years ago, was not sure who he needed to speak with and sounded like he was reading off a script. When asked who was behind the suit, he would not disclose any info only saying that perhaps he could negotiate with his client and settle out of court for a fee. I hung up. He called back a week later, this time the answering machine caught his message which instructed me to call number 888-493-8903 and referenced a specific case number, saying that I could discuss the case before I put my signature on documents that were being mailed to my correct home address. When I googled the phone number, I was correct in determining that it was part of the same scam stated above. The calls are unnerving and unsettling, but one must protect oneself and not give in to these scammers. They prey on fear.
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Three messages from “Nicholas Brooks” were left on our voice mail for my husband saying that he was a “legal courier” and had legal documents to serve on my husband and that he would be at my house on Wednesday, November 28, 2012. He left a phone number for the claimant’s office with a case number. When I called that number (888.235.9269) that got me to an Amir & Associates. Upon looking up the phone number, I had seen two complaints, with no other information other than they were scammers trying to collect a debt by fraudulent means. I also found that this number originated in India. I looked up Amir & Associates, and a jewelry store in Metairie, LA, and a supposed law firm in Baghdad were listed. I did further research (being an ex-legal assistant) by calling the county and district clerks offices where we live, and nothing had been filed against my husband. I’m anticipating a visit from Mr. Brooks, who by the way, did not leave his phone number, within the next couple of hours. If he shows up, he will be talking to the Sheriff’s office before he ever talks to us.
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I’ve been receiving calls from an “Adam Richman” claiming to have court documents. Always calls from a blocked number. Says hes been to my residence twice already. Yet none of my neighbors confirm this. Says to call some number and references some case. The unnerving part is he knows my social security number. Just blantently spits it out over the phone. I know it’s BS. I asked him to tell me what my major crossed streets are. Since he’s visited my home. He should know right? He hung up. Second time he called, he says he’s bringing the police. I said bring them. He hung up. Point is, don’t be scared of these people. They will say or do what they can to make you pay.
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I received a phone call from Lee Westbrook stating she was fro State Process Service, and she had legal documents for me, but the other party wanted to settle out of court. I asked for a phone # to get in touch with her and she said that she was unable to do that. I quickly told her I have been served with papers before and she was never to contact me again.
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