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Date: Fri, 12/12/2008 - 15:19

Submitted by anonymous
on Fri, 12/12/2008 - 15:19

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have been having a problem with this company, they have been trying to get a hold of me, but after hearing their threats, I decided to not answer their calls. In turn, they have called my brother 3 times, and my parents, who are elderly and in a different state, 6 times now. The have made contact with my parents and said to my father, "Don't you care what you son is doing to his credit." Even after my father informed them not to ever call his nuber again,, about a month and a half later, they call again. Is there anything I can do to get them in trouble for harrasment? Any helpfull advice would be greatly appreciated.

Thanks,
Prodigy Child


Well yes there is. You need to first find out if you can record phone calls in your state without having to tell the other party, a one party state. The same goes for your parents and whoever else they call. If it is a 2 party state that means you have to tell them the call is being recorded. Once you find this out and the next time they call, record the phone conversation. If they say anything about your debt to a third party, you can sue them for $1,000 under the fdcpa.

Also you can call them and depending on the law, record the call and ask them why they are calling your parents in a different state and telling them about your debt. once they give you crap and hopefully they will admit to it, you have them by the balls. You then in turn send a letter intending to sue for violations of the FDCPA.

The other thing to do is also send a cease and desist letter stating that no phone calls or letters be made to your brothers address and your parents address and phone numbers, only to your address and phone number. Once they call your relatives that is a violation of the FDCPA. The more violations by them the better but you can only sue up to $1,000 for the violations.

Also have you received anything in the mail by this company? If not you should send them a request for validation which you can find on this site. look at the Do It Yourself section on top of the page, also search JCEMT and that person on here has a more intense debt validation letter.

Also check your credit reports for this company and wrong information. Send the Debt validation letter, Cease and Desist letter certified mail return receipt requested. when you get the green card back, wait about 30 days and if you do not get a response and they are on your credit report, dispute the entry. Once you dispute the entry wait for the results, if they verify the debt and you do not get validation in the mail, they just violated the FCRA which can result in $1,000 PER violation. The more you can get them on the better.

If the debt is truly yours I am not telling you to not pay your bills but when a person is abused by junk debt buyers, they should pay also. once you have everything together you can try to find an attorney at naca.net....Most of these attorney's work on a contingency basis so if you don't win, you don't pay. The debt collector pays the attorney fees. Most of the time the debt is wiped clean and you pay them nothing but you may get some money on top of it.

Hopefully it won't go to far but this is to prepare you.

Have they contacted you by mail yet?


lrhall41

Submitted by on Fri, 12/12/2008 - 17:35

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