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 Posted: Mon Apr 28, 2008 9:46 pm |
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Hello everyone, any help will be great. I have asked for a creditor to stop calling my mom and sister/family harrasing and looking for me. I clearly told them I did not give them any other names or numbers to contact me at. They sent an out of court settlement letter (3 months ago) to my moms house. She told them to stop sending letters and calling her, then I called and said stop calling, sending mail and harrasing my mom. Today, they sent two sherrifs over to her house looking for me to serve a legal notice to either pay or go to court. My mom is getting very upset, especially since my dad passed away recently and they still don't get the picture. Now the are threatning me with lawsuits. What can I do...please help? PS...The bill was in consolidation but, the company is being sued because of fraudulent practices and my payments never reached the creditors! I would only get $15 and a years worth of credit help (counseling) if I became part of the lawsuit against my consolidation company... Thank you for your time.......Steve
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nylonpick1
Joined: 28 Apr 2008
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| Posted: Tue Apr 29, 2008 12:58 am |
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Asking them to stop calling over the phone is a waste of time and breath. Send them a DV letter along with a Cease and Desist letter, send this by CMRRR, if they continue to call after receiving the letters, you can file a lawsuit against them.
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| Posted: Tue Apr 29, 2008 3:25 am |
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You might also consider legal action against your former consolidation company. In your place, I certainly would.
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unclewulf
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| Posted: Tue Apr 29, 2008 5:21 am |
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If they are trying to sue you already I don't see how that is a threat rather than a reality. I think you need to find some way to get this works out quickly. Do they have a current address and telephone # for you?
As long as they make a good faith attempt to serve you papers, depending on what county you live in, they can find ways around actually having to give you the papers personally and that could result in a default judgement against you.
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FYI
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| Posted: Wed Apr 30, 2008 6:07 am |
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It also sounds to me like improper venue--if they are trying to have you served in a place 500 miles from your actual place of residence, then that could mean that they are trying to sue you in the wrong place. I would pay close attention to that--they could be trying to get a default judgment against you in a county where they cannot even legally sue you. FDCPA allows that you can be sued either in your current county of residence or the county where the credit transaction originated. I would get on top of that ASAP--call the court clerk's office in your county and find out if there is a case pending against you there. If not, then they may be trying to pull an end-around on you.
Also, if you gave them your contact info and they are still harassing your family over this, then that is an FDCPA violation. They cannot contact a third party about your debt for any reason other than to try to locate you. Once they have your location, then they are not allowed to contact that third party without consent. Also, they are only allowed to contact that third party ONCE to try to locate you. They cannot keep calling over and over again.
Something else--it may just be the way you worded it, but I have never heard of a CA sending a sheriff to your house to send you a notice "to pay up or go to court". At that point, if they are serving you a notice, it is a summons and that means the court case has already been filed against you. Did the notice actually say "pay up this amount or youre going to court"?
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skydivr7673
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| Posted: Wed Apr 30, 2008 10:36 am |
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Wouldn't the easiest way to get them to stop contacting your mother be to pay up? Hurtful language deleted per TOS--KSCornell
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No Nonsense Collector
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| Posted: Wed Apr 30, 2008 10:45 am |
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wouldnt the easiest way for you to get a clue be to read the post? He HAS been paying--he was in debt consolidation and was paying them on a regular basis, as he was supposed to be!
But to answer your question, no--he's been paying and they are still ILLEGALLY calling his family, AFTER they located him. The easiest way to stop that at this point is to sue their asses off like they deserve--clearly, paying on the debt didnt change anything.
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| Posted: Wed Apr 30, 2008 10:59 am |
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No Nonsense Collector--
I remind you of our Terms of Service, which state that attacking language of any kind will not be tolerated, which is why I deleted the name you called the prior respondent. You have been warned, so kindly refrain from these attacks.
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kscornell
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