Jump to content

USA Collection Agency


Guest ANON123
 Share

Recommended Posts

Guest ANON123

I hope that someone is able to help me.

I have been getting phone calls from a Collection Agency in the USA looking for my niece. She moved from the USA approx 9 months ago back to Canada. She stayed with my husband and I a short time before going to Korea for 2 years. She does not yet have an email or anything set up there so I cannot contact her. However, this agency is looking for her. They are getting forceful with me on the telephone, however I don't have any contact information to provide them. I have told them this but they continue to call. What can I do? A friend advised me to send a Cease and Desist letter?? and to state:

"The person that you are trying to contact, name here, does not reside with us, utilize our telephone number, or have means of communication with us. She is not a citizen of the United States, currently not residing in the United States.All contact to this address and phone numver must stop immediately."

Can they come after her through us? Will this letter stop them from calling us? Any advise is appreciated. Thank-you.

Link to comment
Share on other sites

I have been getting phone calls from a Collection Agency in the USA looking for my niece. She moved from the USA approx 9 months ago back to Canada. She stayed with my husband and I a short time before going to Korea for 2 years. She does not yet have an email or anything set up there so I cannot contact her. However, this agency is looking for her. They are getting forceful with me on the telephone, however I don't have any contact information to provide them. I have told them this but they continue to call. What can I do? A friend advised me to send a Cease and Desist letter?? and to state:

Under the FDCPA:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1)
identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.

Because the caller must identify who he/she works for if you request it, ask. If they won't tell you the address, they at least must tell you the name of the company. From there, you can look it up, or try a reverse phone number search. Once you get the address, send them a letter telling them that this is their final warning and that pursuant to the above cited FDCPA section, they are to hereby cease and desist any and all communication with you, which includes but is not limited to phone and in writing. If they contact or attempt to contact you once more, you will take appropriate measures to ensure that they do not do it again.

Don't cite the entire section in your letter. Just simply state that under the FDCPA, you are telling them to cease and desist with their communications and that the person they are looking for does not reside with you and left no forwarding contact information.

You send this letter Certified Mail, Return Receipt Requested and go from there. If you have caller ID or any way to get a print out of the call logs to your phone since the calls started, get them. Should these people continue to call you after receipt of your letter, then you can send them an ITS (Intent To Sue) letter based on their violation of the FDCPA.

Legally, as per the FDCPA, they can't even tell you they are looking for this person in an attempt to collect a debt (804 (2)). The only thing they can do other than identify themselves is to confirm or correct information on the person they are calling about.

Additionally, they can not threaten or otherwise harrass you. They can not tell you that if YOU don't pay this debt that you will be sued. They can not threaten to garnish your wages if the debt is not paid.

If you do not think that the letter will do any good, find out if CA is a One party state. If it is, then start recording the conversations with them when they call. Let them hang themselves for violation of the FDCPA. The only way to stop companies like this is to make sure they get hit hard with violations. $1,000 to you for your time and aggreviation of their blatant disregard for the laws.

Link to comment
Share on other sites

I would like to point out to the OP that while FDCPA does apply to the CA, the OP would have to sue in an American Court to enforce it. I do not believe Canadian Courts have abdicated Canada's sovereignty to the point where they will enforce extraterritorial laws from another nation.

That said, the only real weapon left to the OP is to simply tell the CA that the person they are looking for does not live there and that you have no contact information for her and then hang up. Repeat this process every time they call. There is no need or obligation to maintain the traditional Canadian civility. Turn on the Tony Soprano obscenities. Repeat in in French if they don't understand it in English.

If they continue, contact your Provincial Police and complain about it to them - see if there are any Canadian laws being violated.

Link to comment
Share on other sites

The OP lives in California. The OP's concern was with getting the CA to stop calling their home, asking for information regarding the niece, who is the one that has moved out of the country. At least that's the impression I got because the OP's location (on the right side of the post) shows "California". Perhaps the OP can provide clarification

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.