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Posted: Sun Mar 25, 2007 10:59 pm Subject: Can the collection agencies follow

Can the collection agencies follow debtors in other countries?

Posted: Sun Mar 25, 2007 11:05 pm Subject:

Well, if your debt is large enough to sue you for, you might be making it very easy on them to obtain a default judgement. A judgement has a very long life, so unless you are sure you will never live in the states again, I would advise trying to take care of your debts. Also, some states have provisions where the SOL stops if you leave the state.

I do doubt that a CA would follow you out of country, as they would have to abide by debt collection laws of the country of your residence--not many people here are likely to be familiar with those.

Posted: Mon Mar 26, 2007 4:57 am Subject:

They won't literally follow you over there to sue you in that country. But you can bet that if they find your phone #, they will still call and hound you - even if you tell them you are not in the states, they won't care.

novice · Posted: Mon Mar 26, 2007 2:29 pm Subject: Questions

When talking to a 3rd party collection agency (attorney office), aren't they suppose to disclose that they are debt collectors? Is it enough for then to just start convo and tell you about amount of money you owe?

Question #2- Can a collector leave message on your machine saying this call is to collect a debt? (it was an automated message)

Posted: Mon Mar 26, 2007 2:32 pm Subject:

If I am thinking correctly, they have to identify where they are calling from and the reason for the call. Most collection agencies will leave an automated message that states to call a number and that it is an important matter. I really don't think they can leave a message like that.

Posted: Mon Mar 26, 2007 2:40 pm Subject:

No, a debt collector may only leave a message stating to call back for an important matter. Leaving a message on a machine or even voice mail should constitute a 3rd party disclosure violation. Save the message and look for an attorney. naca.net would be a good place to start.

When speaking to a debtor, they are required to give the "This is an attempt to collect a debt..," aka the Mini Miranda. They should also attempt to verify your identity, to make sure they don't violate 3rd party disclosure (again).

Novice · Posted: Tue Mar 27, 2007 11:59 am Subject: Question

I didn't think they could. This happened months ago and I still have the voicemail. I sent a complaint to my attorney general office and they responsed discussing very thing but my two issues. I have to response back to the rep from the state. I will reinterate what my issue was and asked that they address it. I actually trying to get them to send me a paid in full letter. so I don't have to pay the debt. The SOL is out in 2009, but I trying to contact the original creditor for back statements and last payments received because I don't believe it was 2002, more like 2000.

Posted: Tue Mar 27, 2007 1:17 pm Subject:

i hate when collection agents call and leave a long message on my answering machine and lie and say that i have 7 days to call back or they will take legal actions against me.

Posted: Tue Mar 27, 2007 1:20 pm Subject:

Blinky,save that message because it is a violation of fdcpa if that is a debt collector.

Posted: Tue Mar 27, 2007 4:06 pm Subject:

If it is your voicemail, how are they violating 3rd party disclosure? I can see if they leave it in the general info box at your work, anyone can access it. But if your message states "You've reached John Smith, leave me a message," then it is fair to assume John Smith is the only one who should be acessing that voicemail.

I previously wrote some in depth postings in this thread:
http://www.debtconsolidationcare.com/collection-agencies/leaving-messa ge.html

Posted: Tue Mar 27, 2007 4:31 pm Subject:

Debtcruncher,The comment I made was in regard to payment in 7 days or legal action will start. That is misleading,deceptive,and probably an action that they won't take unless that is an attorney calling.

Posted: Tue Mar 27, 2007 4:45 pm Subject:

Ok cajun, you're off the hook. But Morningstar is still guilty off saying a voicemail should constitute 3rd party disclosure.

Anytime I have ever threated to sue someone on their voicemail, I meant it. And if they don't call back, usually within 2 weeks I pack it up and ship it to my attorney.

Posted: Tue Mar 27, 2007 4:49 pm Subject:

OMG, there was just another post earlier about moving to Mexico to get away from debt, are you guys serious? Not being ignort just surprised that someone would think about leaving the country to escape debt, may be prison but not debt, LOL.

Posted: Tue Mar 27, 2007 4:54 pm Subject:

I posted that knowing that not every voicemail is private, although in retrospect, "should," should have been "could." Also, I was taught to never assume anything, and err on the side of caution when leaving a message anywhere.

Posted: Tue Mar 27, 2007 4:58 pm Subject:

Ok morningstar, you're off the hook too. Just don't let it happen again.

All kidding aside, it is a good policy to err on the side of caution. I only leave really personal messages when I know with 100% certainty it is the right voicemail box. If a customer lives with his parents, and I get "You've reached the smith residence," then I do leave a generic message.

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