bobbiest Posted October 29, 2008 Report Share Posted October 29, 2008 I have never had a CA say these things before and I think they are scare tactics and just wanted some advise. Last month they told my husband they called our mortgage company about putting a lein on house and that the mortgage company was not very happy. They actually scared him into making a payment. Today they called his work again and talked to someone else employed there and told him that he got a call from the district attorneys office and he needed to call him back asap. These are scare tactics, aren't they? This is on balance after a Voluntary Repo. Link to comment Share on other sites More sharing options...
swirlgirl Posted October 29, 2008 Report Share Posted October 29, 2008 Yes they are and it sounds like they are crossing the line. You will want to get a name and address and send them a request to stop calling your husband at work. Additionally, if anyone at work gets any of these crazy calls, you will want to document them (time, date, phone numner & extention) and ask the person if they would be willing to testify to receiving the calls should it become necessary to take the matter to court.Additionally, you will want to send a DV letter to the CA so you will have that documented also. Link to comment Share on other sites More sharing options...
sparky256DSL Posted October 29, 2008 Report Share Posted October 29, 2008 I would guess they are. I'm pretty sure you need a court order to put a lien on a house. If they are talking to people other then yourself and your husband that is illegal for them to do. Problem is proving it. You seem to be in a two party state so you would have to inform them that you are recording any calls. That could very well be the first thing that you say when you pick up the phone before you start a conversation. Otherwise you could send them a letter requesting all communications be done in writing and not to call your home or offices again. Send it certified but that might not stop them. Link to comment Share on other sites More sharing options...
bobbiest Posted October 29, 2008 Author Report Share Posted October 29, 2008 Yes they are and it sounds like they are crossing the line. You will want to get a name and address and send them a request to stop calling your husband at work. Additionally, if anyone at work gets any of these crazy calls, you will want to document them (time, date, phone numner & extention) and ask the person if they would be willing to testify to receiving the calls should it become necessary to take the matter to court.Additionally, you will want to send a DV letter to the CA so you will have that documented also.I wasn't going to send a DV letter cause it has been past the 30 days since their first letter to us. I didn't know anything about our rights back then. The OC has written this off and now my husband is getting these calls. I just wished he hadn't been scared last month and made a payment to them. Link to comment Share on other sites More sharing options...
bobbiest Posted October 29, 2008 Author Report Share Posted October 29, 2008 I would guess they are. I'm pretty sure you need a court order to put a lien on a house. If they are talking to people other then yourself and your husband that is illegal for them to do. Problem is proving it. You seem to be in a two party state so you would have to inform them that you are recording any calls. That could very well be the first thing that you say when you pick up the phone before you start a conversation. Otherwise you could send them a letter requesting all communications be done in writing and not to call your home or offices again. Send it certified but that might not stop them.I have the letter regarding phone calls at his employment and was going to send it out tomorrow. Link to comment Share on other sites More sharing options...
swirlgirl Posted October 29, 2008 Report Share Posted October 29, 2008 I wasn't going to send a DV letter cause it has been past the 30 days since their first letter to us. I didn't know anything about our rights back then. The OC has written this off and now my husband is getting these calls. I just wished he hadn't been scared last month and made a payment to them.This is an even better reason to send a DV letter. In the letter, you can just state that after receiving the confusing telephone call, you believe you may have sent the payment in error. In order to get the situation resolve, you are requesting proper validation, which should include... Link to comment Share on other sites More sharing options...
bobbiest Posted October 29, 2008 Author Report Share Posted October 29, 2008 This is an even better reason to send a DV letter. In the letter, you can just state that after receiving the confusing telephone call, you believe you may have sent the payment in error. In order to get the situation resolve, you are requesting proper validation, which should include...Why would they even call the District Attorney's office? Link to comment Share on other sites More sharing options...
swirlgirl Posted October 29, 2008 Report Share Posted October 29, 2008 They haven't. They are just trying to scare you. It's abusive and illegal. Debt is not a crime. Link to comment Share on other sites More sharing options...
jjgross Posted October 29, 2008 Report Share Posted October 29, 2008 They haven't. They are just trying to scare you. It's abusive and illegal. Debt is not a crime.Tell your husband not to be BULLIED by these goons and thugs.When i did side work in california and people wouldn't pay me i just put a mechanc's lien on their property,so when they sold escrow wouldn't close until it was paid or included in the pay off.I never ever called or hounded them for any money.In some cases i never got paid they never sold the house.In 20 years i only had to do it 10 times.And only for what was owed. Link to comment Share on other sites More sharing options...
bobbiest Posted October 30, 2008 Author Report Share Posted October 30, 2008 Thanks for everybodys advice and opinion. My husband actually made a payment last month with his bank card. I went and cancelled card with bank and told them why. Well, lo and behold, they left a message on his work machine saying that card was denied, toyota (OC) called him, and that he called the district attorny's office. I cannot believe these scum bags. I had a feeling they would try and pull money again!!! Link to comment Share on other sites More sharing options...
bobbiest Posted October 30, 2008 Author Report Share Posted October 30, 2008 My hubby just sent me email cause they left another message:robert fine called & left message on voice mail.--robert fine wants to know what im going to do about bad check??--he said he is going to noteify my job with a letter today @ 3:00pm --& notefy county of bad check. dist. court?? is this guy nuts or what??? Can we do anything about these guys beside dv letter, etc. Can I report them to BBB, FTC, etc?? Link to comment Share on other sites More sharing options...
jjgross Posted October 30, 2008 Report Share Posted October 30, 2008 My hubby just sent me email cause they left another message:robert fine called & left message on voice mail.--robert fine wants to know what im going to do about bad check??--he said he is going to noteify my job with a letter today @ 3:00pm --& notefy county of bad check. dist. court?? is this guy nuts or what??? Can we do anything about these guys beside dv letter, etc. Can I report them to BBB, FTC, etc??your reply with a cd letter contact by mail only at this address only.Also tell little bobby fine you intend to file a complaint with your state attorney general,bbb,ftc,his state attorney general.It's not a bad check the account is closed.:twisted: Link to comment Share on other sites More sharing options...
swirlgirl Posted October 30, 2008 Report Share Posted October 30, 2008 Okay. This is for a bad check. I thought it was for a credit card. Writing a bad check can be considered a crime and that is why they were mentioning the district attorney.But no need to worry. How old is the bad check? Link to comment Share on other sites More sharing options...
bobbiest Posted October 30, 2008 Author Report Share Posted October 30, 2008 Okay. This is for a bad check. I thought it was for a credit card. Writing a bad check can be considered a crime and that is why they were mentioning the district attorney.But no need to worry. How old is the bad check?We did not write a check. Last month hubby was bullied into making payment over the phone (threatened if he didn't) so he used his debit card to make payment. There was no mention of them using card again next month. They told him he needed to pay 150 a month for 4 months and then the remainder as it was in hardship program. I figured they may use card again so I went to bank and cancelled his debit card. They tried to collect on his debit card again and now are making all kinds of threats because card is no good. No check was used or written whatever. Link to comment Share on other sites More sharing options...
Flyingifr Posted October 30, 2008 Report Share Posted October 30, 2008 I have never had a CA say these things before and I think they are scare tactics and just wanted some advise. Last month they told my husband they called our mortgage company about putting a lein on house and that the mortgage company was not very happy. They actually scared him into making a payment. Today they called his work again and talked to someone else employed there and told him that he got a call from the district attorneys office and he needed to call him back asap. These are scare tactics, aren't they? This is on balance after a Voluntary Repo.Get a tape recorder - NOW. Tape every call they make because they violate FDCPA on every one of them.In the first call, either they did call your mortgage lender or they didn't. Either way, they violated FDCPA (take your choice - unlawful disclosure or false statements and threats).In the second call, it's pure Unlawful Disclosure as well as false statements - both of them. District Attorneys don't get involved in civil debts. Link to comment Share on other sites More sharing options...
bobbiest Posted October 30, 2008 Author Report Share Posted October 30, 2008 Get a tape recorder - NOW. Tape every call they make because they violate FDCPA on every one of them.In the first call, either they did call your mortgage lender or they didn't. Either way, they violated FDCPA (take your choice - unlawful disclosure or false statements and threats).In the second call, it's pure Unlawful Disclosure as well as false statements - both of them. District Attorneys don't get involved in civil debts.I have tape recorder and hubby is taking to work tomorrow to get messages off work phone and on this recorder. Should I be talking to a lawyer? I have tried twice to get a lawyer in Delaware from the NACA site to call me about a consultation on LVNV credit reporting mistakes but she will not call me back - not interested I guess. I thought I read on forum that lawyer did not have to be from state, is this true? Do I just start emailing lawyers on NACA site or how do I go about getting a lawyer that would be interested in representing us? Sorry if I sound dumbfounded but this is all so new to me. Never knew we had rights. Link to comment Share on other sites More sharing options...
Flyingifr Posted October 30, 2008 Report Share Posted October 30, 2008 You have rights, and you will probably have to learn how to enforce them for yourself. With a maximum damage claim of $1000 it is unlikely a lawyer will take a FDCPA case on unless the collector committed arson, rape and murder against the consumer to try to collect the debt. Link to comment Share on other sites More sharing options...
legal_loansharking Posted October 31, 2008 Report Share Posted October 31, 2008 Keep the message and any messages on the answering machine.SImm Associates is located in Delaware, same as the poster. Contact the D.A. office about filing terroristic threat charges against the employee.Once arrested, get yourself a good lawyer and sue the crap out of them. Link to comment Share on other sites More sharing options...
bobbiest Posted October 31, 2008 Author Report Share Posted October 31, 2008 Keep the message and any messages on the answering machine.SImm Associates is located in Delaware, same as the poster. Contact the D.A. office about filing terroristic threat charges against the employee.Once arrested, get yourself a good lawyer and sue the crap out of them.I will keep the messages but don't think I need to get arrested, lol Link to comment Share on other sites More sharing options...
bobbiest Posted November 5, 2008 Author Report Share Posted November 5, 2008 Get a tape recorder - NOW. Tape every call they make because they violate FDCPA on every one of them.In the first call, either they did call your mortgage lender or they didn't. Either way, they violated FDCPA (take your choice - unlawful disclosure or false statements and threats).In the second call, it's pure Unlawful Disclosure as well as false statements - both of them. District Attorneys don't get involved in civil debts.Okay, I have sent DV along with a letter to stop contact at place of employment as it puts job in jeopardy. I have also contact BBB and FTC. I have a complaint ready to go to Attorney Generals office tomorrow. I am also sending letter to OC explaining harassment and asking them not to condone treatment with a cc to Simm, Attorney General, and FTC. Simm have received DV and other letter as I got back green card. I guess they are partly ignoring the DV as it was not sent within the 30 days from first contact. But let me ask a question on the first contact - Does first letter need to state about your rights to dispute?? If so, the first letter did not do so as it was a fax to hubby's work. They have called my husband's work asking for address so they can serve papers. They called several times asking to speak to my husband's boss. The girls up front put him through to hubby's voicemail and they hung up (the number was blocked on his caller id). They did finally get put through to his boss and they left message with him - something to the effect of a civil and criminal case. Hubby will record message tomorrow so will know more of what it says. I really don't understand the criminal part as they are saying he wrote a bad check. What happened was he paid in September on debit card, I cancelled his card, and they tried to pull money in October without authorization. Guess they were a little surprised!!! Can they do a wage garnishment without going to court? Or are they still blowing it to us. We are going back and forth if we should try and get attorney or not. All this stress is not helping my fibromyalgia. Link to comment Share on other sites More sharing options...
debtorshusband Posted November 6, 2008 Report Share Posted November 6, 2008 But let me ask a question on the first contact - Does first letter need to state about your rights to dispute?? Yes. The FDCPA is very clear that in the first communication, or by letter within 5 days of the first communication, the collector must state how much is owed, who the money is owed to, and the various statements concerning your right to dispute.They have called my husband's work asking for address so they can serve papers. They called several times asking to speak to my husband's boss. Don't they have your home address? This sounds like they're trying to scare you by threatening to publicly embarrass you.They did finally get put through to his boss and they left message with him - something to the effect of a civil and criminal case. This is out and out a violation of the FDCPA by disclosing information to a third party.I really don't understand the criminal part as they are saying he wrote a bad check. What happened was he paid in September on debit card, I cancelled his card, and they tried to pull money in October without authorization. More attempts to scare you.Can they do a wage garnishment without going to court? Or are they still blowing it to us. We are going back and forth if we should try and get attorney or not. All this stress is not helping my fibromyalgia.No, they cannot garnish wages until they have filed a lawsuit and won the case. Then I think there's more paperwork to be able to garnish wages.These jokers appear to be ripe for a lawsuit. I think you would be well served to consult an attorney (find one through www.naca.net). Tell them your story and he/she can tell you if you have a good case against them.Good luck.DH Link to comment Share on other sites More sharing options...
bobbiest Posted November 6, 2008 Author Report Share Posted November 6, 2008 These jokers appear to be ripe for a lawsuit. I think you would be well served to consult an attorney (find one through www.naca.net). Tell them your story and he/she can tell you if you have a good case against them.Good luck.DH Link to comment Share on other sites More sharing options...
JustaTexan Posted November 6, 2008 Report Share Posted November 6, 2008 Would your hubby's boss be willing to provide a statement that they indeed asked to speak to him and that they also provided him with personal information about your hubby? This CA is doing alot of very very bad things. Take a deep breath. They cannot do what they are saying they can do. They have to get a judgement to be able to garnish your wages. You are right-all this stress is not good for your health. However, there is another thread somewhere about a guy that got sued under hot check laws for use of a debit card. I will find that post but I don't think it applies to you. I will find it for your peace of mind though. Call your local DA or hot check department and as them to run your and hubby's name. Tell them you are begin harrassed and let them know the sitation. For your peace of mind, ask if they even take on cases like this. Link to comment Share on other sites More sharing options...
JustaTexan Posted November 6, 2008 Report Share Posted November 6, 2008 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=289679&highlight=doctor+debit+cardOkay here is the thread. This was for a local doctor's office and I don't think this type of thing happens often. So just call your local DA or hot check office and ask them. Good luck! Link to comment Share on other sites More sharing options...
bobbiest Posted November 6, 2008 Author Report Share Posted November 6, 2008 Well, I finally got a call back from the attorney and have an appointment next week. She said how easy could they make it for her, lol. I want to thank everybody on here for your help and advise. I never would have made it this far without you all and this forum. Link to comment Share on other sites More sharing options...
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