These Debt Collector Just Went To Far

[ILYN]

What would you do? Where do I go from here?

I have read your advice about dealing to debtor in the past. Regrettably the call was going to a family member number so I had to respond. At the time they offer to cut the payoff', I liked that deal to pay off a $1,600 debt in 3 payments. Then because of other higher debts I was only able to make one payment. From the moment I said I was going to pay the calls came in constantly. The person tried to process a debit through my checking account even though I said I would Western union the money. He said my check bounced even though it never went through my account that’s another story all together. The family member was getting up to 15 to 20 calls a day from these people. When I paid the partial second payment another person from the same company proceeded to call also. Then telling my family member all kinds of negative things about me and that I cause several people from there company to be fired. I called again and explaining my situation asking what she thought I could do to rectify to situation. They again wanted me to pay in 3 months. And when I didn’t pay exactly on that day the family started getting the harassing calls again. They ask my family member what was my phone number and all kinds of personal information. Telling this family member they would keep calling 15 to 20 times a day until I called them back. I went off telling him I call what he was doing harassment and that I would see him in court. He even said I was lying when I told that filed a Bk on the case years ago. I ask to the name of the owning of his company, he said he didn’t have to give it to me, and I needed to talk to him about paying that bill. And then after I ask repeatedly for the name of the owner, he hangs up on me. When I called him back to see if he’d change his tune he had the nerve to say am I harassing them.

[breathing_easier]

Is this a debt that was discharged in your 2004 Chapter 7 BK? If not, what type of debt is it? If it is a discharged debt then you should not be agreeing to make payments to them.

Have you ever DV'd the CA? You can still DV them even if you're beyond the 30-day mark, although they don't have to cease collection activity, and you may also demand that they contact you only in writing.

If they've discussed your account with your family member then that is a FDCPA violation. Also, if they are truly calling 20 times a day, then that may constitute harassment. Hook up an answering machine, if your family member doesn't already have one, so that you can keep track of the number of calls for a week, as well as the time of the calls. Hopefully your family member has caller i.d. and will no longer talk to these people. It is not wise.

[Methuss]

Firstly, the FDCPA doesn't just protect a debtor from unscrupulous collector's actions, but innocent bystanders as well.

From your description I see several violations of law that would entitle you to damages if you were to sue the collector with sufficient proof.

1. They are not allowed to contact family members (except wife/husband) more than once, only for the purpose of locating you, and they cannot disclose that they are after you to collect a debt.

2. They cannot misrepresent or threaten actions they cannot legally take.

3. They cannot call repeatedly with the intent to harrass.

4. If you tell them to stop calling, they must do so.

On top of what you can claim, each family member that was contacted by them repeatedly can file their own case and claim damages against the collector wif they have sufficient proof.

1. For being harrassed by the debt collector with repeated calls

2. For disclosure of your debt to them.

3. For being threatened by the debt collector if they didn't comply with giving up info about you.

Sufficient proof only requires you prove one violation such as having a recording of a call where the violation occurred. The FDCPA is a strict liability law, so intent has nothing to do with it. If you prove a violation you are entitled to damages...which is $1000 per lawsuit, plus attorney fees and court costs.