Ca Trying To Collect On Debt Thats Not On Credit Report

[easymoney]

I have a attorney Bronson & Migliachio calling my place of work 3 to 4 times a day trying to collect on a debt that is not on my credit report but is a legitimate debt in the amount of $5,000.00. I have told them repeatedly not to call my place of work & they continue to do so. The last call was from a women she says was in the prelegal dept wanting to speak to payroll dept about wage garnishment etc.Then i received a call on my mobile that Monday was the deadline for payment arrangements & that account was going to the attorney. I have never received anything in writing from these people. Any advice is appreciated

[swirlgirl]

Next time they call, ask for a name and address. Also get the account details. Tell them you will be writing them a letter requesting them to stop calling you at your workplace. Legally, they have to stop if requested. By doing the letter, you will have a paper trail.

Next, you will want to send them a separate DV letter. They cannot garnish your wages without taking you to court and winning the case. So, obviously, you have a lot of time before any of that will happen.

Also, read the primer. http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=276514

[nascar]

Any advice is appreciated

If this isn't on your credit report, is it same to assume the debt has been delinquent for more than 7 years?

[Florida_Bronco]

I have a attorney Bronson & Migliachio calling my place of work 3 to 4 times a day trying to collect on a debt that is not on my credit report but is a legitimate debt in the amount of $5,000.00. I have told them repeatedly not to call my place of work & they continue to do so. The last call was from a women she says was in the prelegal dept wanting to speak to payroll dept about wage garnishment etc.Then i received a call on my mobile that Monday was the deadline for payment arrangements & that account was going to the attorney. I have never received anything in writing from these people. Any advice is appreciated

Is there any chance that your employer records these calls? Continuing to call after you have instructed them not to and threatening to talk to payroll without a judgement are solid FDCPA violations....just gotta be able to prove it.

[CreditFixCD]

I have a attorney Bronson & Migliachio calling my place of work 3 to 4 times a day trying to collect on a debt that is not on my credit report but is a legitimate debt in the amount of $5,000.00. I have told them repeatedly not to call my place of work & they continue to do so.

§ 805. Communication in connection with debt collection

(a) COMMUNICATION WITH THE CONSUMER GENER-ALLY.

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 col-lection 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. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowl-edge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt col-lector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

The last call was from a women she says was in the prelegal dept wanting to speak to payroll dept about wage garnishment

This is a violation of the FDCPA, look at :

§ 807. False or misleading representations

A debt collector may not use any false, deceptive, or mis-leading representation or means in connection with the col-lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of— (A)the character, amount, or legal status of any debt; or (B)any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any indi-vidual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

[Robert Nashville/Savannah]

....

As far as the calling at work; it is not illegal for a collector to call at debtor at the debtor's job until the debtor has invoked his right under the FDCPA to restrict those calls. The only way to invoke that right (and make it stick) is to do so in writing sent CMRRR – while they “should” stop even with a verbal request, a verbal request isn’t worth the paper it’s written on.

The false or misleading representations section isn't much help unless the debtor can prove they are doing so…if they happened in phone conversations as is the case here, the best way to do prove they happened is to have date/time-stamped recordings of phone conversations where such false/misleading representations were made.

That’s assuming the threats were really false/misleading – if they truly intend to sue then threatening to sue isn’t false or misleading. It might be argued that the “wage garnishment” threat was false/misleading but I think that would be a hard sell to a judge since the typical outcome of being sued is having a judgment against you and the typical way a judgment is enforced, if they are available, is to garnish wages.

[Florida_Bronco]

It might be argued that the “wage garnishment” threat was false/misleading but I think that would be a hard sell to a judge since the typical outcome of being sued is having a judgment against you and the typical way a judgment is enforced, if they are available, is to garnish wages.

Garnishment can't be done without a court order, so threatening to speak to the payroll dept about a garnishment which can't be enforced would certainly be false/misleading and if they DID speak to payroll you could get them on 3rd party disclosure.

[Robert Nashville/Savannah]

Garnishment can't be done without a court order, so threatening to speak to the payroll dept about a garnishment which can't be enforced would certainly be false/misleading

...whether it's false/misleading is umimportant unless the OP can prove that the conversation took place and what was said.

and if they DID speak to payroll you could get them on 3rd party disclosure.

A conversation between a debt collector and a "payroll department" does not necessairly constitute "third party disclosure - it depends entirely on what is said and, more importantly, what can be proven was said.

It's very likely that nothing would be said since most payroll departments aren't going to risk talking with anyone about an employee's records without permission from the employee (save, perhaps, the fact that the employee is an employee).

[Florida_Bronco]

...whether it's false/misleading is umimportant unless the OP can prove that the conversation took place and what was said.

That is why I asked if the OP's employer may have recorded this call.

A conversation between a debt collector and a "payroll department" does not necessairly constitute "third party disclosure - it depends entirely on what is said and, more importantly, what can be proven was said.

It's very likely that nothing would be said since most payroll departments aren't going to risk talking with anyone about an employee's records without permission from the employee (save, perhaps, the fact that the employee is an employee).

Agreed, which is why I'd make the argument that it was false/misleading first and foremost.

[easymoney]

thanks for the replies, after telling this collector 3 times not to call my place of employment, they did so again today 3 times. they will not give me there address for me to send a letter to cease the calls. I do not have anything recorded yet, but i do have fellow coworkers the witnessed the calls were made several times after i told them to stop calling, Tommorow i will have a recording device to get these calls on tape. How can i get the address for this CA, Bronson & MIGLIACCIO seem to have a office in every state, but i do have the phone# 410-863-4622, how can i tell which office this # is to? Also this is a legitimate debt that is not past the limitations yet, why it is not on my credit report is beyond me, but the debt is approximately 5 years old, again thanks for any help

[Robert Nashville/Savannah]

thanks for the replies, after telling this collector 3 times not to call my place of employment, they did so again today 3 times. they will not give me there address for me to send a letter to cease the calls. I do not have anything recorded yet, but i do have fellow coworkers the witnessed the calls were made several times after i told them to stop calling, Tommorow i will have a recording device to get these calls on tape. How can i get the address for this CA, Bronson & MIGLIACCIO seem to have a office in every state, but i do have the phone# 410-863-4622, how can i tell which office this # is to? Also this is a legitimate debt that is not past the limitations yet, why it is not on my credit report is beyond me, but the debt is approximately 5 years old, again thanks for any help

Look at this post: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266277

Sounds like the same scum-sucking office to me...it's an older thread but perhaps you can PM the OP or someone who has posted in the thread and track down their mailing address...then you can send your DV.

[nascar]

From their website,

Bronson & Migliaccio, LLP

6650 Rivers Ave

Charleston, SC 29406

(843) 576-1448

(843) 576-5436

(843) 576-1881 (Fax)

[avn1970]

The last call was from a women she says was in the prelegal dept wanting to speak to payroll dept about wage garnishment etc.

Wage garnishment, huh? That would be a neat trick considering wages in SC are 100% exempt from garnishment.

[debtorshusband]

thanks for the replies, after telling this collector 3 times not to call my place of employment, they did so again today 3 times. they will not give me there address for me to send a letter to cease the calls.

The first time they called you and you spoke to them, they created an "initial communication." They are required by law to send you a written notice within 5 days of their initial communication. Then, you would have their address. Next time you speak to them, tell them to send you information in writing, and "remind" them they are in violation of the law. I'm not sure this will have any effect on a company so blatantly disregarding the law, so continue with your taping and evidence gathering.

Good luck.

DH