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NY cell # TX location- collection call laws


un4givn
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This is a little confusing but I am going to explain the best I can. My sis claimed BK chapter 7 years ago. One of the discharged creditors was Discover.The account had my mom as an AU. I loaned my mom my cell phone for a while because it was a NY # and it was listed as an emergency contact for my sisters childrens school and just for convience until we could get everyone on a family plan that worked since I was moving to TX. My mom and I have the same first name initial and the account is listed under my maiden name. I have no clue how CA/discover got this # but I now have the phone with me in TX. Billing address was changed 2 years ago to TX just the number remained as a NY listing.

I am now getting calls on this phone for my mom, threatening all types of BS.

I have free incoming but they don't know that and I have told them to stop calling etc. My question is what laws apply as far as recording calls etc. Is NY a single party state for recording does it even matter since I am in TX?

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I have to admit I'm a bit confused by your post but I think you have two issues here.

First, you need to explain (in writing, CMRRR) that they are to stop calling YOU for your mother's alleged debt...that this is not her number and they should leave you alone. They may or may not listen but if they don't then you may have to step it up a notch (of course, you can always simply stop answering their calls).

Second, your Mom needs to get busy on her end.

If you Mom was only an authorized user (as opposed to being jointly responsible for the account) then I don't believe this is her legal obligation at all which means they have no leagal means to collect anyway - she needs to get in their face so they leave both of you alone. Aside from that, even were it your Mom's debt it sounds to me as if this may well be past SOL anyway.

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Yes it is past the SOL. My mom is judgement proof anyway.She's a housewife they live off my dads social security, she doesn't speak english and never signed a thing,. My sister got put her down as an AU but never gave her a card. At the time she told my mom it was to build her credit for when my dad passes away. My sister is a piece of work. In word just plain EVIL.

You're right I could just ignore the calls but I figured if I could take some legal action against these vultures and start my new year with some cash from a settlement all the better. They through the years have attempted to collect this debt at one point my sisters BK attorney had to get involved.

I love this board and all the info- had they called in April 04 I probably would have believed all their threats, etc. - now even though I still have alot to learn I have all the collective knowledge and experience of everyone here to draw upon so I'm ready to face any CA confidently.

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