When do I sue a CA...

[BLUTISH]

I was looking for a flow chart or some type of step by step instruction for filing a suit against a CA and can't seem to find what I am looking for. I have DV'd a CA (on the 9th of July it was signed for), yesterday I recieved a call at my work from them, I said that I had sent the DV letter and they needed to reference it then hung up. The more I think about it the more p'd off I get. I wrote another letter today (ready to send it cert as soon as I get some advice)stating the incident(call@my work) and then cited the violations. Should I send it to them, their 30 days aren't up yet. Or should I go ahead and file suit against them for their stupidity? I know it was only one call but it really hit me wrong.(does this even constitute a law suit)? I used the DV letter from this site by the way...

Thanks for any advice

[kevin3344]

I would send them a C&D, and if they violate that then you might have a case. Some say to send a letter that says "only correspond through writing" or something to that effect. Not me. I've always sent a plain old cease and desist, don't contact me - period. No CA has ever broken that once they've gotten it.

[Recovering Attorney]

1 phone call is not worth suing over.

[Fizzle1979]

I would write them and tell them to only communicate in writting. No calls to your house or work.

[swirlgirl]

Calling you at work is not illegal. It only becomes illegal after you ask them to not call you at work.

[BLUTISH]

I have calmed down today, I think I will send the same DV letter again. In it it states any telephone communication at my home or at my work will be considered harassment etc...so I think it will work (they haven't validated the debt anyway thus far). Thanks to all who responded to my question.

[gweedoh]

I have calmed down today, I think I will send the same DV letter again. In it it states any telephone communication at my home or at my work will be considered harassment etc...so I think it will work (they haven't validated the debt anyway thus far). Thanks to all who responded to my question.

Just because you consider it harassment doesn't mean it is. You have to word the letter to match the language of the FDCPA.

For instance, the FDCPA says:

(a) Without the prior consent of the consumer given directly to the debt

collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in

connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer."

Accordingly, your letter should read:

"It is not convenient to discuss this matter by telephone at any place or time. Please send all future communication in writing to the address in my letterhead."

That is assuming you still want them to validate the debt, etc. If you don't ever intend on paying the debt or don't want them contacting you at all, go with kevin3344's idea with a full-on C&D.

"© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the

consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further

with the consumer with respect to such debt"

Done & done.