5greatkids Posted July 19, 2004 Report Share Posted July 19, 2004 Got a call today from a lawyer/collector- told him not to call me at work- cannot speak with him there- he replied he can call me there as often as he likes and there is nothing I can do...this does not sound legal. I have not sent them the validation letter yet... have been contemplating it. Is there some law I can quote to make him not call me at work? Thanks for your help! Link to comment Share on other sites More sharing options...
DocPC Posted July 19, 2004 Report Share Posted July 19, 2004 Send a limited C&D and a DV CMRRR. If he continues to call you ANYWHERE you can ask for your 1k. Link to comment Share on other sites More sharing options...
LadynRed Posted July 19, 2004 Report Share Posted July 19, 2004 Yes, the law is called the Fair Debt Collections Practices Act (see link at top of page) and the section you want is called "Ceasing Communication". Once you notify them, even if by phone, that they are NOT to call you at work, that your employer forbids personal calls, they cannot keep calling. Doing so would violate the law. Link to comment Share on other sites More sharing options...
TexasLawyer Posted July 20, 2004 Report Share Posted July 20, 2004 Check into the "lawyer/collector." I have never heard of an attorney sitting on the phone all day and calling to collect debts. Link to comment Share on other sites More sharing options...
5greatkids Posted July 20, 2004 Author Report Share Posted July 20, 2004 I rec'd an initial letter from a lawyer in MT who is not licensed in CT where I live. I have been trying to decide if I should send him a Validation letter- I really dont want to end up in court- I am trying to raise cash to negotiate a settlement. So one of the lawyers goons keeps calling my house and today he called my office! I guess I am going to have to send the Validation and hope for the best. I did find out from some research that they paid maybe $700-800 for my debt- so I have something to start with. Thanks again for all your responses...any more ideas/comments? Link to comment Share on other sites More sharing options...
DocDon Posted July 20, 2004 Report Share Posted July 20, 2004 Check into the "lawyer/collector." I have never heard of an attorney sitting on the phone all day and calling to collect debts.That's what I thought until... http://www.stillmanlaw.com/There's a little loophole in Michigan law that allows these pricks to operate as a CA without a license. Link to comment Share on other sites More sharing options...
LadynRed Posted July 20, 2004 Report Share Posted July 20, 2004 If this 'lawyer' is in MT and you're in CT, then its a collection agency. Unless you hear from a LOCAL lawyer, its all collector crap. Link to comment Share on other sites More sharing options...
Methuss Posted July 20, 2004 Report Share Posted July 20, 2004 As I mentioned in another thread, tell the CA that your employer doesn't permit such calls and that calls as subject to monitoring by your employer. The simple fact that he might be caught on tape by your employer should be sufficient to scare him off. You can always get the call logs from your company's telcom division to show when the jerk is calling. Link to comment Share on other sites More sharing options...
5greatkids Posted July 22, 2004 Author Report Share Posted July 22, 2004 Thanks again for all your replies-- the plot thickens!! After telling them not to call me at work because, several days later the HR person tells me that they called looking for my date of hire. She stated that all requests needed to be faxed- then the CA said that she must be a friend of mine and that she was covering up for me and continued to bug her!! I know this is not legal!!! Besides sending a cease and desist-- can I call them and cite some laws?? I am tired of being embarrassed at work and I know that is what they are counting on... I am ready for a fight!!! Any laws I can cite would be much appreciated! Link to comment Share on other sites More sharing options...
DocPC Posted July 22, 2004 Report Share Posted July 22, 2004 NEVER CALL THEM!!!!! Do everything by mail. You don't need to cite law to them. Link to comment Share on other sites More sharing options...
5greatkids Posted July 22, 2004 Author Report Share Posted July 22, 2004 okay-- I will CMRR - but what do I want to send them-- they are a law firm/ collection agency that has bought the debt from chase- do I send just a validation-- what letter makes them stop calling me at work and home? Thanks Link to comment Share on other sites More sharing options...
DocPC Posted July 22, 2004 Report Share Posted July 22, 2004 You want a limited C&D. Look up in the sample letters for an example or do a search for more options. Link to comment Share on other sites More sharing options...
5greatkids Posted July 22, 2004 Author Report Share Posted July 22, 2004 DocDon--- please have some patience with me-- I have a house full of company and am trying to deal with all this garbage--- I cant seem to find a limited C&D-- can you point me in the right direction- I tried the sample letters listed above and looked thru some stickys but nothing says limited- and I dont know the difference!! Again, your help is truly appreciated! Link to comment Share on other sites More sharing options...
DocPC Posted July 22, 2004 Report Share Posted July 22, 2004 Wrong Doc but that's ok..... I am sure someone will point you in the right direction soon. I have a phone on both ears and 24 pages open on my computer, so I'm a bit busy to do a good search.I will keep trying though. Link to comment Share on other sites More sharing options...
5greatkids Posted July 22, 2004 Author Report Share Posted July 22, 2004 I am sorry DocPc--- my little brain is fried!!! I did a google search - but nothing just yet-- I will keep trying as time permits ( I am thinking 2AM might work!!! Thanks again! Link to comment Share on other sites More sharing options...
DocPC Posted July 22, 2004 Report Share Posted July 22, 2004 Try doing a search here. Ther have been lot's of good ones posted. Link to comment Share on other sites More sharing options...
DocPC Posted July 22, 2004 Report Share Posted July 22, 2004 http://www.creditboards.com/phpBB2/viewforum.php?f=18Look through there too. Link to comment Share on other sites More sharing options...
5greatkids Posted July 23, 2004 Author Report Share Posted July 23, 2004 I have searched this site and the other one-- no mention of a LIMITED cease and desist--- what is the difference- can I use a regular C&D -what part would I leave out? Thanks for your help.Also- would I send out a DV first? Link to comment Share on other sites More sharing options...
anti-something Posted July 23, 2004 Report Share Posted July 23, 2004 examples:a limited cease and desist- For all future communications regarding this matter be advised that you may only contact me via United States Postal Service at the address referenced at the top of this letter. I am unable to receive any personal phone calls at my place of employment as my employer does not allow such calls and be further informed that any such calls may be monitored or recorded.a complete cease and desist- Do not contact me further about this matter. (dont use that!)personalise your letter to your situation, dont 'cut and paste' you should be asking for validation and informing them that you dispute this account. include the limited c&d in your dispute/validation letter. Link to comment Share on other sites More sharing options...
5greatkids Posted July 23, 2004 Author Report Share Posted July 23, 2004 Thank you so much for your info. I think I have what I need. Is it okay to also add that this lawyer/CA has been involved in harassing me at work and making phoney calls to my Human resource dept, and to state that any more calls of that nature would be considered a violation of the FDCPA and would cause me to file a complaint with the FTC and the Montana State Bar.... or is that going to far? Link to comment Share on other sites More sharing options...
retmar Posted July 23, 2004 Report Share Posted July 23, 2004 Save that information until such time as you need it. Right now you just want the calls to stop. Next will be the settlement period, if you are liable for what they say you are. Then, you will inlcude in your counter's where you stand on the violations of your rights, such as, go eat Maggot Droppings as I will not pay a cent, or, I will pay $.05 on the Dollar. Then you will include the comments, with the witness presenting their Notarized Statement, of what transpired with your HR Department, along with all other times, including name, date, time, and main points of conversations and threats. In short, you are now going to turn the tables with a big smile. Link to comment Share on other sites More sharing options...
5greatkids Posted July 24, 2004 Author Report Share Posted July 24, 2004 Thanks for the input. It does make sense to wait and hold back. I have put together a combo limited C&D and DV- hopefully that will take care of it! I will update with any news. Thanks again. Link to comment Share on other sites More sharing options...
retmar Posted July 24, 2004 Report Share Posted July 24, 2004 Keep us in the loop! We'll be waiting! Link to comment Share on other sites More sharing options...
5greatkids Posted July 28, 2004 Author Report Share Posted July 28, 2004 Well this lawyer/CA office called me at work yet again!!!! I told them not to call me again ( they obviously did not get my letter yet) and stop harassing me! He said he just needed to verify my date of hire ??????????? This surely is harassment! I left my office and called him back and cited the laws about harassment and that the calls have been logged and monitored and that if I received one more I would file suit for my $1000. He then said that he would notate my refusal to pay, I interupted him and stated this is not a refusal to pay but a demand to stop all calls to my place of employment. Then I hung up. I am now hoping I handled it correctly! Any advice as to what I should do next- if anything? Thanks for your help! Link to comment Share on other sites More sharing options...
DocPC Posted July 28, 2004 Report Share Posted July 28, 2004 Sounds like you handled him well, but did you send the C&D CMRRR? Link to comment Share on other sites More sharing options...
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