Consumer Alert—Brinkman Alliance Group

Consumers beware of telephone calls or voice messages leaving a phone number, a file number, and a short message suggesting that some type of legal action will be taken against you by a company called Brinkman Alliance Group. If you will Google “Brinkman Alliance Group” you will find numerous complaints about this company. Recently a local resident received a call from an “unknown caller” number leaving a phone number and file number. When the number was called the person who answered said they were “arbitrators.” They were asked what exactly they were arbitrating. The person responded that if a message was left on the phone that meant that a process server left the message and was going to serve court papers on the person called. Several more calls were made to the number left on the message and different accounts were given about the call. Another call was made and a person calling himself Christopher Taylor said they were trying to collect some kind of debt incurred in May 2004.

Be wary of Brinkman Alliance Group. Online complaints indicate that these people are threatening to appear at places of work for some type of legal process. These people are debt collectors acting under the guise of some type of artibrators. These people are violating the Fair Debt Collection laws in many ways by making false representations. For your information you might want to check with an attorney or research the law for the state you live in and find out what is the statute of limitation on a debt. In Texas you are not under any legal obligation to pay a debt that has had no payment activity for 4 years. If you are sued for a debt older than 4 years old in Texas you can assert the statute of limitation as a defense to the suit. But be careful about old debts. Get information on payment activitiy and when the debt went into default—when the last payment was made. If you pay one dollar on an old debt you will do what is called reaffirm the debt and a new statue of limitation period starts all over again.

Since the financial crisis of 2008 a cottage industry has sprung up of debt collectors buying up old debts and calling people demanding payment. These debts have already been charged off by the original creditor. But, for a few dollars, the creditors sell these charged off debts to debt collectors who in essence get free money by calling the debtor and demanding payment of the debt—to them. These people can be ruthless with their calls and demands for money. They know that most people just want the calls to stop and will enter into some type of payment plan to get rid of the harrassment. Don’t give these people any money on old debts that are legally unenforceable—unless of course you just want to pay them off. But you are just paying debt collectors—free money for them– and your payments will not change the charge-off or any negative credit history already reported by the original creditor. Demand proof of any debt they claim you owe. Ask them to send you all the original documents you signed showing you owe money. Be advised that these debt collectors are betting that you don’t know anything the federal or state Fair Debt Collection laws or about the statue of limitation. If you become frustrated with harrassing calls and pay as little as $5 you have created a new set of problems and the calls will continue and be more persistent. Brinkman Alliance Group is playing this game. They are calling from an “unknown caller” phone, leaving messages about a file number and suggesting some type of legal process. When you call they claim to be “arbitrators.” When pressed they say that Brinkman Alliance Group is a law firm. Do not give out any information to these people. Hang up and tell them not to call you again. Tell them you will sue them if they call you again.

Copyright 2013 – L. Arthalia Cravin. All rights Reserved. No part of this commentary may be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the author.

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