Calling Relatives To Collect

Date: Sat, 07/09/2011 - 09:18

Submitted by anonymous
on Sat, 07/09/2011 - 09:18

Posts: 202330 Credits: [Donate]

Total Replies: 2

:confused: My brother listed my husband as reference when obtaining credit. Yesterday the creditor called my house and when my husband wasn't home they proceeded to tell me that they were trying to contact my brother who is a named defendant in a pending litigation. I asked if it was civil or criminal, they said civil. I asked what court and they said it was an Ohio court. I asked which Ohio court and they said Lake County. I then asked who the Plaintiff was and when they said they couldn't tell me I told them if an action was filed it was public record. At that time they told me it had not been filed yet. I questioned how it could be "pending" and they said they were ready to file it so it is a "pending" litigiation.
I believe this is deceiving. What is your thought?
Thank you for your time.

I think they broke the FDCPA. It is my understanding that they m

I think they broke the FDCPA. It is my understanding that they may call references to find out contact information, employment verification, etc. They are not to disclose any information regarding the status of the account.

I would file a complaint. Let your brother know they are calling. If you told them not to call you again they can not call you. However, until your husband talks to them they can attempt to contact him. At that point he can request to no longer be contacted.

As to pending litigation they are correct. If the paperwork has been started but not yet submitted it is pending. Once the paperwork is filed the litigation process has begun.

lrhall41

Submitted by J L B on Sat, 07/09/2011 - 12:34

( Posts: 329 | Credits: )

There is only one way that this is a violation of the FDCPA--if

There is only one way that this is a violation of the FDCPA--if the call came from the original creditor, then it is not a violation. The FDCPA only applies to third-party debt collectors, it does not apply to original creditors. So, that will let you know if there is actually a complaint to file or not.

lrhall41

Submitted by skydivr7673 on Sat, 07/09/2011 - 14:57

( Posts: 2036 | Credits: )