Jump to content

How to stop an original creditor from harrassment, threats to call workplace, etc


Recommended Posts

Have a total b.s. debt from an overseas vendor (long story). They sent it to collection and I did a standard "debt is invalid, I dispute, etc." letter. Collection agency apparently sent it back to them as uncollectable.

Today I received a harassing phone call (from the original creditor) basically saying that if I don't pay (50%) right now, they will be begin calling my workplace to verify employment, plus my family, etc. I realize some of this legal -- until I tell them to stop, which I plan to. Not sure these guys will care about US laws, but I'd like to do everything by the book in case there is a chance to sue them later.

FYI, I am a lawyer but do not practice law in this area at all.

Thanks in advance for any helpful info (including statute cites, form letters, etc.) you can pass along.

Link to comment
Share on other sites

The FDCPA doesn't apply to original creditors unless...

1) they use a false name that could lead a consumer into the false impression that they are being contacted by a 3rd party debt collector, or

2) they lend their name to a 3rd party debt collector for the purpose of allowing the debt collector to try and evade the FDCPA responsibilities.

If an OC does either of those, they loose their exclusion from the Act.

Unfortunately, there isn't very much out there to stop an OC from harassing you until the sun explodes. If they do certain things like get profane or call continuously with the intent to drive you nuts, you may be able to sue under the harassment provisions of the Telecommunications Act.

All of this may be moot. I'm not sure how US law would apply to a company outside the US. Technically, by calling you or your work, the offense is committed here on US soil.

Maybe you should just send them a terse letter saying that you are a lawyer (since you say so in your OP), that they picked the wrong person to commit fraud against, and that if they don't cease and desist immediately, you'll bring legal action upon them.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.