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Ca Calling, Not My Problem.


MaryDoyle
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CA are calling my house to find my son who does not live here and did not use this address on applications. They probably found number on public records that he is my son.

1. Please provide me with short, legally appropriate answer when they ask for him.

2. What should I do with a letter if it comes here.

I want to be legal but this is their problem not mine.

We live in Georgia.

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Tell them that he does not live there and to stop calling. Tell them that if they call again, you will record the call.

The FDCPA allows a debt collector to call a third party one time for the purpose of locating an individual. The collector is not allowed to disclose he is seeking collection of a debt and is not allowed to discuss any details of the debt with a third party. You are not required to give out location information to the CA; that's your choice.

You can return any letter that comes by marking it "return to sender, no such person at address" and dropping it in a post box. CAs typically do not put their name, only a PO box as the return address on letters, so return all unidentified mail.

The FDCPA is a strict liability law and does not cover just the debtor but also any innocent party caught in the middle. If the CAs continue to call or if they talk to you about the debt, you can sue them yourself even though you are not the debtor they are looking for.

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Not true. You do not ahve to be the one they are looking for. I saw a case around somewhere that covered that. When I have time, I will dig it up.

I remember that it was a case where the CA tried to say that since the debt was not owed by the Plaintiff, they were not responsible. The court disagreed.

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Wright v. Fin. Serv.of Norwalk, Inc., 22 F.3d 647,649 n.1 (6th Cir. 1994) (en banc)

only a ‘consumer’ has standing to sue for violations under15 U.S.C.§ 1692c.

Montgomery v. Huntington Bank 2003 FED App. 0362P (6th Cir.)

Defendants are correct he lacks standing under § 1692c, as he is not a consumerfor purposes of the FDCPA

Belin v. Litton Loan Servicing, LP

Slip Copy, 2006 WL 1992410

M.D.Fla.,2006.

Plaintiffs appear to concede that Ms. Daffron and Ms. Belin lack standing to assert claims for violations of § 1692c, since such claims can only be asserted by consumers, which is defined [FN4] as a natural person obligated or allegedly obligated to pay the debt and includes [FN5] the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. Since Plaintiffs appear to concede that Ms. Daffron and Ms. Belin are not consumers, they cannot assert claims for violations of § 1692c

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I had a couple of messages on the answering machine that did not identify whom they were trying to reach but "It's important to call us right away." I did and found out they were searching for a previous tenant of this house. My number was removed from their database.

There were also a couple of letters from CAs for my late father. A simple "died xxxxx xx,xxxx" along with a "return to sender notice" took care of that.

Just let the skip-tracers find out where your son is on their own. They get paid very well to do that.

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