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drjonah

My parents get calls from places like NCO, MRS, and Valentine & Kebartas

However I haven't lived with my parents for over 5 years. They're calling on behalf of numerous credit cards that I owe a lot of money to. When the direct collection calls from the credit card companies started, they were always to me. but now these collection agencies are contacting my parents?!?

I had tried a few times to call my credit card companies but always sat on hold for over a half hour and had to give up. I sent them letters numerous times (but stupidly not registered) and also emails with temporary payment solutions. None were ever answered except for telling me to call call call call call

I made small $50 payments to most of my credit card companies in January, the checks were cashed however I never get the checks returned to me, I do have online scans from the bank website of the cancelled checks.

I just got a call from my mother this morning with a bunch of messages from the different collection agencies all saying that if I don't call today, they are going after my paycheck.

As I really don't want to go through the pain of call call call, is there a way to go through proper channels via email or mail??

Guest · Posted: Thu Feb 22, 2007 1:49 pm Subject:

it's pretty mortifying when they call your parents, eh?

it happened to me and i haven't lived there for 9 years!

yes, look at the letter templates on this website and they will give you a good start to how you can tell the CA's how to communicate with you. send certified return receipt letters. you need documentation of them receiving your demands so that you can report them if they break the law.

Posted: Thu Feb 22, 2007 1:55 pm Subject:

First off they cannot garnish your check without court judgement except in the case of student loans. If you wish to deal with these collectors,you will need to get mailing addresses for each one.Send them a debt validation letter certified return receipt. After they prove that debt is yours and that they are legally authorized to collect on it,then began settlement arrangements. If you dislike them calling,put a paragraph in letter stating it is inconveinent to call me and I desire to communicate per written method only. This gives you written proof of any business and it gets collector off your phone. Good luck.

Posted: Thu Feb 22, 2007 1:56 pm Subject:

Take the phone number of the collection agency from your mother and give a call. You need to know the status of your account from the debt collector and make sure that they are authorized for the collections. They are legally required to send you the debt information in writing. Ask your mother if she got anything in the mail.

Get the debt validated by the collector. See the FDCPA laws on how the validation process works. Chances are that your account is still with the original creditor, that's why the payments got posted towards the account. You should get someone on the phone from the original company and work out payment arrangements. If this is taken care of, there won't be any need of paying to outside collectors.

Posted: Thu Feb 22, 2007 2:11 pm Subject: Thanks for the replies

I am going to proceed with the validation process in the morning.

However like I said in my previous post, I am not going to call. everytime I have tried to call I have sat on hold forever and I'm not going to do it again. Plus the 'gentleman' who apparently has my file at NCO barely speaks english and I can hardly understand his voice mails.

Also, is it legal for them to only require telephone calls? What if I was deaf?

Posted: Thu Feb 22, 2007 2:17 pm Subject:

TTY..

Posted: Thu Feb 22, 2007 5:10 pm Subject:

Depending on the state in which you live, those messages containing threats to go after your paycheck may be serious violations of the law. Save them to a recorder if you can. I have wiped out many debts with these types of claims; some with companies you named.

Posted: Thu Feb 22, 2007 5:15 pm Subject:

Elizabeth · Posted: Fri Feb 23, 2007 8:26 pm Subject: Same thing happening to me exactly.

My dad has been receiving calls from the collection company who is threatening to garnish my wages if full payment is not received. She has been calling my parents every single day and trying to get them to make the full payment. Please help... I had no idea that this could be illegal.

Posted: Sun Feb 25, 2007 8:17 pm Subject:

The state in which you live determines the law on wage garnishment. Fore example, the Texas constitution does not allow wage garnishment except for child support and governmental liens (ex. taxes). ANY threat of wage garnishment outside of these violates Texas Finance Code Chapter 392.

Similarly, if your state does not allow for wage garnishment for unsecured debt like credit cards, any threat of wage garnishment could be a violation of state law and federal law. If not, you could always consider moving to Texas. (jk)

Posted: Sun Feb 25, 2007 8:35 pm Subject:

Thanks for the reply. I just realized something that may be a little tricky and might be a loophole for the collection agnecy to be allowed to contact my parents.

I've lived in Ohio for the last 4 years, all my bills are sent here and I work here. However I never changed my drivers license to an Ohio one, it's still a wisconsin DL with my parents address (I never bothered to get a new one because my WI license doesn't expire until 2012. So I guess does this mean technically I'm still a Wisconsin resident?

Posted: Sun Feb 25, 2007 8:59 pm Subject:

It does not matter which state your valid residence is in. If the collector knows your current address and phone number, they have absolutely no reason to contact any other person.

If they do not have your current info, they may do a skip trace and find the address of your parents. In that case, you would have to provide your current info before they would be required to stop contacting third parties.

On the legal side; if legal in your state, record ALL phone calls withe these companies. With evidence provided by recorded phone calls, they have paid me thousands of dollars and forgiven many debts for my clients due to their disregard for the collection laws, state and federal.

Posted: Sun Feb 25, 2007 9:04 pm Subject:

They definately have my Ohio address. Not only is that the address on file for all my credit cards, but also the address they sent the first letter to.

And also when I sent the DV letters, I used my Ohio addy for the return addy on the envelope, the return addy for the return receipt, plus on the DV letter itself.

Posted: Sun Feb 25, 2007 9:12 pm Subject:

You said they are calling your parents. Make sure they have your current phone number and they will have no legal reason to call anyone but you.

Posted: Wed Feb 28, 2007 11:42 am Subject:

Boy NCO just doesn't give up. Like I said in previous posts, I sent the DV letters on friday. When checking the USPS website, the letters were received but I haven't gotten the return receipts yet.

Sure enough I'm still getting voicemails from them.

Edit to add : just got the return receipt from NCO and the 'agent' didn't print his name like they are supposed to *sigh*

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