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Being harrassed for a debt thats not mine

Date: Tue, 09/06/2011 - 18:10

Submitted by bdudis
on Tue, 09/06/2011 - 18:10

Posts: 5 Credits: [Donate]

Total Replies: 9


Hi all

I have been getting calls from a mary jane elliot. They are looking for my sister in law that does not live here and has never lived here. I called them back and told them what street she lived on and the city. They said ok they would take my number off of their list. They kept calling so I sent a nasty letter, certified that said:

Their info

My info

To Whom It May Concern:
You are looking for a person that does NOT live here. I have told
your representatives that yet you continue to contact me.
Please cease and desist from contacting me again. Any further contact
after reciept of this letter will be considered harrassment and legal
action will be taken.

Thank you for your immediate cooperation.


They continue to call after recieving this letter. They only call about once a week for a total of 3 times since receiving the letter twice I answered and they hung up both times. Is there anything I can do legally to get them to stop calling? I am in michigan


Send them a letter telling them you want $1000 for their violation of the FDCPA ?? 805. (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt and ?? 804. (3) not communicate with any such person more than once unless requested to do so by such person. Send a copy of the the previous cease and desist letter and a copy of the signed green card. Take pictures of your caller ID with the dates and time. Let them know failure to provide you with the payment will result in you contact a NACA attorney, your state AG's office and the FTC.


lrhall41

Submitted by SOAPLADY on Tue, 09/06/2011 - 19:37

( Posts: 17315 | Credits: )


Hi bdudis,

It is quite surprising that even after sending letters to them mentioning the fact that you're not the concerned person, they still keep on contacting you!! If they contact you the next time, I will suggest you to take take legal help in order to stop this constant harassment. The lawyer will take the required steps on your behalf in order to stop them from contacting you any further. You can even file a complaint against them with the BBB and the FTC.

Take care.


lrhall41

Submitted by savion.parker on Tue, 09/06/2011 - 19:51

( Posts: 117 | Credits: )


Hi,

You really don't need to worry so much. The FDCPA has formulated a bunch of rules for helping out harassed people like you. Violation of FDCPA terms by the collection agency can result in them getting fined. I would suggest you get in touch with a local attorney who would be able to guide you through the rules and the implications of the actions of the collection agency and what exactly you would be required to do to stop them.

Hope you get solution to your problem.:)


lrhall41

Submitted by scarlett.brooks13 on Wed, 09/07/2011 - 06:02

( Posts: 46 | Credits: )


Quote:

I would suggest you get in touch with a local attorney who would be able to guide you through the rules and the implications of the actions of the collection agency and what exactly you would be required to do to stop them.


Most "local" attorneys know squat about the FDCPA. That is why we recommend a NACA attorney. For the most part, the poster can do most of this himself.


lrhall41

Submitted by SOAPLADY on Wed, 09/07/2011 - 06:27

( Posts: 17315 | Credits: )


I found an attorney that seems pretty confident that they will get a judgement for me it is a fdcpa? attorney so they should know what they are doing. Thanks for all the help I will keep you updated. I have been visiting this site for a couple of years and actually used some information here 2 years ago to help with a bottom feeder then. You guys and gals are a bunch of help. Thank you!


lrhall41

Submitted by bdudis on Fri, 09/09/2011 - 17:42

( Posts: 5 | Credits: )


FDCPA 805(c) does not apply to this situation. It is a cease communication provision that applies to the consumer that is the subject of the debt. Their "cease communication" requirement is actually a "no communication" requirement, unless restricted to a one-time inquiry limited only to obtaining location information about the consumer.

The relevant statute is FDCPA 804, and in particular, section 804(3):
"Any debt collector communicating with any person other than the consumer for ther purposes of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information."

Unless limited solely to attempting to acquire location information, section 805(b) prevents any communication with third parties.

They have overstepped the bounds of section 804(3) unless they can provide some basis for holding your prior response to have been erroneous or incomplete, and you that now have the information they seek. Have they made any attempt to provide such a showing?


lrhall41

Submitted by Lian on Tue, 09/13/2011 - 05:04

( Posts: 234 | Credits: )