Momof6WantsaHouse Posted August 17, 2004 Report Share Posted August 17, 2004 I have had this lawyer/ca calling me and leaving nasty messages about money I owe a company. He says he will get a lawyer in my state to sue me if I don't call back. Well I don't deal on the phone so I'm not calling him back. Well now he has tracked down my mother-in-law I believe by a list of references I gave the company when I applied for this account. Of course as the typical MIL she is po'd at me for screwing up something in her precious sons life and I'm really po'd that they called her! My questions is , is this legal for them to call her and discuss personal info such as the fact that I owe money to X company etc etc.Thanks!!Melissa Link to comment Share on other sites More sharing options...
op_crdt_repair Posted August 17, 2004 Report Share Posted August 17, 2004 it is very illegal to call relatives and to threaten people. If you have it on your machine copy it so you can play it back in front of a judge and then get a list of violations going so you can SUE!! Link to comment Share on other sites More sharing options...
Momof6WantsaHouse Posted August 17, 2004 Author Report Share Posted August 17, 2004 I wanted to clarify a few things. I wrote a check that bounced to the company I owe money to,they let it go for over a year and now they have hired a lawyer to collect. This is the man calling me saying he's going to sue and calling my MIL. He also sent a henchman to our neighbor across the street and told them to have me call him. I always wonder if they can send a person to your neighbors house why not come to yours and deliver a letter instead of trying to call a number for all they know could be wrong.Is that legal?Melissa Link to comment Share on other sites More sharing options...
Methuss Posted August 17, 2004 Report Share Posted August 17, 2004 Nope. very illegal. Get a lawyer and sue their butts.To top it off, your neighbor can bring an action too and earn some $$ for what they did. You don't have to be the target of the CA to make a claim under the FDCPA. Even people caught in the middle can sue the CA for damages. Link to comment Share on other sites More sharing options...
Momof6WantsaHouse Posted August 17, 2004 Author Report Share Posted August 17, 2004 Poorer than a church mouse here so I am wondering how is it I get a lawyer to sue this guy with no $$?I went to see a lawyer about filing bk (lol, turns out I'm even too poor to file bk-fees are too high) I wonder if she'd be able to help. Of course I'm still back to the whole $$ thing.Thanks guys!Melissa Link to comment Share on other sites More sharing options...
retmar Posted August 18, 2004 Report Share Posted August 18, 2004 Read your State's Laws as to filing suit against this "Wipe". As op_ and Methuss said, this is totally illegal. You do not need a lawyer for this in any fashion. You can do it yourself. Your MIL and Neighbor can support your claim, as well as file on their own, as Methuss pointed out.The law is written that a CA/Attorney can contact neighbors and family ONLY for the purpose of location, not to relay messages. Therefore, his violations started on the first call as he already had your location, due to previous calls to your number. I would go down to your Courthouse and pick up papers for filing a suit. Fill out one of them as if you are filing the suit. Then you would compose a letter to this "Wipe" clearly stating that this is illegal, blah, blah. Therefore, he must close, delete, and go eat Maggot Droppings or be sued. And, of course, a copy of your Court Papers are enclosed. At the bottom of the letter, you will "CC" copies to the AG, State Bar, FTC, BBB, and any other Governing Agency you can find, including their addresses. Do file the complaints. Wait and see what he does next, then let us know. Link to comment Share on other sites More sharing options...
Methuss Posted August 18, 2004 Report Share Posted August 18, 2004 Poorer than a church mouse here so I am wondering how is it I get a lawyer to sue this guy with no $$?I went to see a lawyer about filing bk (lol, turns out I'm even too poor to file bk-fees are too high) I wonder if she'd be able to help. Of course I'm still back to the whole $$ thing.Thanks guys!MelissaConsumer protection attorneys will usually review your documentation for free and many will handle the case at no cost to you if they feel it is winnable. This is because YOU don't have to pay for your attorney if you win your case. The CA has to pay your lawyer fees on top of the money paid to you. Link to comment Share on other sites More sharing options...
willingtocope Posted August 18, 2004 Report Share Posted August 18, 2004 MomOF: You didn't really say what kind of "company you owe money to". Is it a credit card or what? A lawyer with a "henchman" sounds a little more serious than the run-of-the-mill collection agency. What exactly is the debt? Link to comment Share on other sites More sharing options...
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