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Continious Calls fro Zwicker & Associates

Date: Sat, 11/06/2010 - 10:05

Submitted by anonymous
on Sat, 11/06/2010 - 10:05

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have been receiving calls daily at my residence in MO for my ex husband from Zwicker & Associates. I have told them we have been divorced 1986. I have also asked them to stop calling me and contact him in CA. What part of this don't they get? What are my rights?


This is from the FDCPA re: Phone calls / issues
Basically, unlike some people here would have you believe (especially ex-Debt Collectors, you don't owe these swine the time of day. :cool:
It's YOUR PHONE, debt buyers are not paying for your phone, its yours to do with as you see fit.
Read On--

[FONT=Arial]Your Rights to Stop Harassment by the Debt Collectors [/FONT]

[LEFT] Insofar as collectors are concerned,you are not required:[/LEFT]

[LIST=1]
  • To discuss anything with a collector unless you want to;
  • To answer a phone for a collector (this works with called ID).
  • To speak with the collector if you do answer.
  • To answer any questions at all posed by the collector (collectors will often demand that you rearrange your finances, or cut back on other expenses to pay them; there is no requirement that you justify your lifestyle to a collector).
  • To say "good-bye" before you hang up.
  • To be truthful about your personal and financial affairs (you do not have to disclose private information about assets or income).
  • [FONT=Arial][COLOR=Magenta]Important: There is no reason you need to acknowledge that you owe the money! [/COLOR]This is very important if the debt is old. By acknowledging the debt, you may actually extend the time the creditor can sue on it. All states have statutes of limitations on debt collecting. Few states are more than six years. Many are less. You can unknowingly extend this limitation by acknowledging the debt or even by making a partial payment! :confused:
    [/FONT]

    In fact, you do not even need a lawyer to stop collectors from calling you (although one is recommended; a lawyer will be able to point out possible lawsuits that you might be able to bring). All you need to do is to mail the creditor or collector a "cease communication" letter (Adobe pdf format). This request can be made any time, but it must be made in writing (and this is important to preserve your rights to litigate later on). It is always preferable to send the request by certified mail and keep a copy. You can click here for postal rates for certified mail. This copy will be proof of your request should you need to sue the creditor. Once the creditor (in most states) or collector receives your letter, he or she can only contact you to inform you of any action he or she intends to take, or to tell you that he is terminating efforts to collect the debt. This letter is enough for you legally stop further contact, including phone calls and dunning letters. Your letter may state that you are refusing to pay for any reason you choose, or are disputing the debt, but is fine and probably even better to just request that the collector terminate contact, and leave it at that. Writing this letter will not protect you from a lawsuit though. Likewise, writing the letter does not excuse you from the debt. Many collectors are not attorneys and cannot sue you! This is the reason they harass you in the first place. We think it is analogous to some kind of bizarre sexual frustration (but perhaps you can take up the issue with Dr. Freud ...what? he what? When did that happen?...1938? How was I supposed to know? Why didn't you tell...oh forget it.)


    • lrhall41

    Submitted by Gretchen VonDerhoff on Sat, 11/06/2010 - 10:43

    ( Posts: 259 | Credits: )