Allied
Date: Thu, 01/20/2011 - 07:15
What state do you live in? There are two things you can do. I
What state do you live in? There are two things you can do. I will tell you what both are, and then I will tell you which one I would do.
The first is that you can send them a certified letter demanding that they cease all contact with you. List the phone number they are calling, state that the person they are calling for does not reside at this number and cannot be reached there. Inform them that you have repeatedly told them this, and have only been met with rude behavior, accusations that you are "covering for the debtor", and so on. Tell them that these are all violations of the FDCPA and if they continue to violate your rights under the law you will not hesitate to file suit against them for appropriate relief in accordance with federal law. Be sure to send that letter certified mail return receipt, and keep a copy of the letter as well as the green USPS signature card when it comes back to you. If they still continue to call and harass you after the date that they signed for the letter, you can then look for a consumer attorney--I would use www.naca.net to find one in your area--and file the lawsuit. They will then be paying you money for their screwups.
Second--depending on what state you live in, you can do this one. All but 13 of the states allow you to record phone calls without even telling the other person on the phone that you are doing so. There is nothing better in a court than to play a tape of the debt collector breaking laws. So, I would get a microcassette recorder that hooks to your phone line and record the calls. Remember though--as long as you are in a one-party state, you can do this without any mention of it to them. Let me know the state you live in and we can check the laws in your state for you. So, if you can record, then do so. The next time they call, dont say anything out of the ordinary to them-just tell them the same thing youve been telling them. Let them put their own foot in their mouth. And if they do, then find that attorney and file suit. This is the option that I would use, and in fact do use.
