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CA verbally abusing me. what to do?  

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Rick Jordan sent me a letter on a debt that was settled and paid as of 1994 and told me that I was going to go into collections for this amount unless I can provide proof that the debt was settled. I told him I kept records for 7 years. He said BECAUSE I called he could not emy account -was verbally abusive and when I became angry he said he noted my account for 'cussing' and that" I should be a ashamed of myself" and then hung up on me!
 

asked Mar 1, 2005 07:52 AM

Anonymous
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best answer

Hi Nicole,

Welcome to the debt consolidation care forum.

You need not worry because you are being harassed which is highly illegal. Your debt was cleared way back in 1994 and after ten long years the creditor is not having the power to harass you. Actually after seven years the debt becomes invalid if the creditor has not pursued you in between.

According to the Fair Debt Collection Practices Act (fdcpa) the Collection Agency is not allowed to use abusive or oppressive language while collecting debts. It is also highly unlawful for the Collection Agency to threaten or harass any debtor after such a long span of ten years and moreover when the debts are cleared.

Make the Collection Agency aware of the Statute of Limitations (SOL) applicable in your State. You didn't mention the name of your residing State; otherwise we could be of some help. If the SOL is over you are not liable for your debts any longer.

You can try to make the Collection house aware of this fact and if they are reluctant to pay heed you can take up legal action against them. You can sue a creditor for any illegal activity up to a sum of $1000.

However, if you have any preserved document which is a proof of your debts being cleared, forward it to the collection agency and get rid of this unnecessary trouble.

Even if you are not having one, don't worry! The power of law is at your side. icon_smile.gif

We would love your presence in the forum more frequently and hope you share your experiences and insights with other members.

Regards,
Jason

answered Mar 1, 2005 08:13 PM

1 Answers

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Quote:

Originally Posted by Nicole
Rick Jordan sent me a letter on a debt that was settled and paid as of 1994 and told me that I was going to go into collections for this amount unless I can provide proof that the debt was settled. I told him I kept records for 7 years. He said BECAUSE I called he could not emy account -was verbally abusive and when I became angry he said he noted my account for 'cussing' and that" I should be a ashamed of myself" and then hung up on me!


Hi Nicole,

His abusive languages are complete violation of the fdcpa. There is no reason why your accounts should go to the collection agency, after all 7 years records will be enough to make them pay! send them your details of proof with all the settled or paid list in writing, if the FDCPA rules are still being violated, call up your attorney and the court decision will let them pay for it.

All the best,
Simon

answered Mar 1, 2005 02:25 PM

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