If Debt Collector states there are pending charges and that a subpoena is about to be served upon me to appear court should I respond? 4 Answers as of February 18, 2014

I’m receiving voicemails from third party debt collectors regarding some payday loans. Under the FDCPA, if I request a written validation notice via mail, don’t they have to provide it? After I receive the notice, don’t I then have 30 days to request they verify that I actually owe the debt, provide the original creditor (also referenced in the notice) contract, signature, etc? Should I request this? If I do call back, do I have to verify anything for them other than my name and address? If I’m served, aren’t they still required to provide these documents (Above) if I request it. They do reference a call back number in their message and a case# but when I go on the court website and call the county clerk, there is no pending case. Should I respond? I’ve not talked to any of them yet.

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Kirby G. Moss PC | Kirby G. Moss
If nothing on website, these are likely empty threats for now. You should consult a lawyer for more specifics.
Answer Applies to: Indiana
Replied: 2/18/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
If you have the debt collector's name and address, demand in writing all the documents you listed. They must provide those to you. Also, you may want to have a consultation with a bankruptcy attorney to find out what your remedies may be.
Answer Applies to: Arkansas
Replied: 2/18/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
A debt collector that refers to "pending charges" is a scammer. Pay nothing. Report to law enforcement. The FDCPA requires them to send a validation of debt notice even if not requested. A lawyer can tell you if the claim is worth anything, but if you are dealing with scammers they are likely not servable/ collectible. What is the debt? If it is an internet payment loan, it is not enforceable. I suggest you send them a "do not contact" letter if you have an address. Report them to law enforcement: FTC, AG, CFPB.
Answer Applies to: Illinois
Replied: 2/18/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You won't served a subpoena, you would be served a Complaint. You then have 30 days to respond. Many payday loan companies are not licensed, particularly the online ones.
Answer Applies to: California
Replied: 2/18/2014
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