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Posted: Fri Feb 09, 2007 5:17 pm Subject: harassing phone calls?

I just received an extremely harassing phone call from the supposed CA that has whatever account they're claiming is owed now. I was called derogatory names, refused even basic information about the account, and none of them would give up their names. My husband isn't even home right now, but they've called three times and demanded that they speak with him, then asked for his mother. They even had the nerve to ask me why I haven't spoken to him yet and to tell me that it has to be paid by tonight or they "don't know what will happen". I don't even have the name of whatever company it is, because they wouldn't give it to me.

This can't be right, is it? I have some kind of rights against this kind of harassment, don't I? I've gone to extreme means to try and take care of something we didn't even know we owed, only to turn around and be harassed by a company that I still have no clue about.

Posted: Fri Feb 09, 2007 5:54 pm Subject:

If legal in your state, record the calls. You might even want to file a police report once you have a recording of this type of behavior. In most states harassing phone calls are a criminal offense. Not to mention you will have one heck of a fdcpa claim against them.

Posted: Sat Feb 10, 2007 12:15 pm Subject:

Apparently they're a little scared - the first person who called yesterday called back today and apologized for the behavior of his coworkers. He even gave up his name and the name of the company he works for. *rolls eyes* I can't believe these people.

Posted: Sat Feb 10, 2007 12:21 pm Subject: abuse

I would contact the Attorney Generals office in your state this is a start. No one should have to be abused by a debt collector. KYSIDE38

Posted: Sat Feb 10, 2007 4:30 pm Subject:

Sounds like they are playing "bad collector/good collector". Usually the "good collector" will turn just as ugly when he doesn't get what he wants.

Posted: Sat Feb 10, 2007 4:43 pm Subject:

File a criminal complaint for harassment with local police,cc complaint to your attorney general and theirs if they are from another state. Sit back light the bar b q pit drink a cold one and watch them trip all over themselves. If not entertaining enough for you record calls if legal in your area and sue them fools then bar b q bill is on them Twisted Evil

Posted: Sat Feb 10, 2007 4:46 pm Subject:

I like cajunbulldog. Thanks for letting people know they can get aggressive and put a stop to all this illegal collection activity. Too many people think they have to put up with it and remain victims.

Posted: Sat Feb 10, 2007 4:50 pm Subject:

Thanks texaslawyer & imagine this I'm the nice one in the household. My wife is cajun like me and she make me look like a priest when she has explain the faacts of life to dumn nuts! Laughing

Posted: Sat Feb 10, 2007 4:50 pm Subject:

Also, what I have done with LVNV, when I sent a dv letter follow up, I stated I was upset that "Tom" called and said so and so, and "Jane Doe " called and threatened such and such, and by the way, Jack gave my info to a third party to try to get me a loan!!! All they did was quit calling and pass it to another of their many agencies!!

Posted: Sat Feb 10, 2007 4:53 pm Subject:

It works better when a lawyer sends the letter saying collector A did so and so, and collector B did this or that. Often we have success in making the debt go away, so don't be afraid to seek legal counsel when your rights are violated.

Posted: Sat Feb 10, 2007 4:58 pm Subject:

Thanks Texas. If they take legal steps, that will be my next step. I have been doing this over a year now with them.

Posted: Sat Feb 10, 2007 5:05 pm Subject:

You've been dealing with them for over a year? How have you been able to put up with it? I thought I was going to lose it last night whenever they were yelling at me, I can't imagine dealing with them for that long.

I printed out DV and cease calling letters for them to send out on Monday, but should I first file complaints with the local police and attorney general?

I was seriously freaking out whenever I first posted this, but y'all have really calmed me down. Thank you!

Posted: Sat Feb 10, 2007 5:06 pm Subject:

Why wait until the offender takes legal steps? Usually they have a longer period of time to bring their claim against you than you do against them. Also, gather evidence to take to a lawyer. I always look for evidence in this order, recorded calls (if legal in your state), statements from witnesses such as coworkers, call logs showing date and time of calls and notes about what was said. Once you can support a claim, it might be to your advantage to assert your claim first.

As a lawyer, I can tell you we do not run out and file a law suit in these matters. Normally, we send a demand letter to the collection agency first wherein we tell them what violations were committed and what we want them to do about it as far as conduct and money damages. Many cases get resolved at this point. Litigation is actually the last step when all else has failed. Furthermore, lawyers are often reluctant to get involved once you have been sued because at that point they also have to file an answer and defend you on the claims against you. It is far more time intesive for a lawyer if you wait until legal action is taken against you before you seek counsel. For that reason, you are probably better off taking the offensive.

Posted: Sat Feb 10, 2007 5:07 pm Subject:

First of all, I don't talk with them over the phone! It does no good, they just make an arse out of themselves. I just send dv letter, follow up letter, and on and on. Be sure and send letters certified, return receipt. And I also keep notes on who called,day and time, what was said, etc. I have a folder full now!!

Posted: Sat Feb 10, 2007 5:27 pm Subject:

The woman, who called the second time(four times in the past two days, with three of the phone calls only being a few hours apart *rolls eyes*), wouldn't even tell me her name. I asked, she didn't reply. The only thing she wanted to do was yell at me and call me names. Then the person I spoke to after that was a snarky little SOB, who sarcastically snorted at me, when I asked his name, "I'm Neal Armstrong and I walked on the damn moon! Who the hell are you?". He was trying to bait me into answering his questions, but since I wouldn't answer, he just got angry and started yelling and swearing at me. Finally I just said that he was harassing me, which is illegal, and that I'm ending the call.

The guy who had called the very first time, the one who is playing nice, called again today to "apologize" for what his coworkers did. I just took that as an admission of guilt.

Posted: Sat Feb 10, 2007 5:31 pm Subject:

That's probably a good idea Texaslawyer, but I don't have the funds to deal with that at this point, and live in a small town that has no legal aid..

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