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  #1  
Old 07-12-2001, 09:04 PM
lojo
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Texas...I have had a creditor calling me at my work, sometimes 7 or 8 times per day. It is strictly prohibited for me to receive any calls of a personal nature, nor can I make any personal phone calls. This is aginst company policy. My manager had told this guy not to call me at work again, twice that I know of. Still, he continued to call. Today he called for me, and was extreamly rude to the girl who answerd the phone, and when she would not let him talk to me, he told her that he would just come down to my work place and deal with me. He showed up about 10 minutes later, demanding to speak with me. My manager told him that I was busy working, and that he could not talk to me while I was on the clock. He became extreamly irate with her, and in front of my manager, the UPS man, the cashiers, and all the customers in the store, he was yelling that he was going to call the law and have me arrested at my work. Now, this is over a debt that I am 4 day's late paying. It's on furniture rental. I always run a week late, and always pay two weeks at a time. After he left, the management made me call the law and file a complaint, as they filed a incident report through the company. Later, I called this guy, and he began yelling at me, telling me that he could call my work and come by there anytime he wanted, because even though it was aginst my company policy, it wasen't aginst his. He went on to tell me that I would loose aginst him in anything I tried to do, that he would always come out the winner. This man, as far as I am concerned, crossed a line when he came to my work. I would like to know my legal rights, and if there is any recourse that I can take aginst the company?
  #2  
Old 07-12-2001, 09:42 PM
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You got witnessess and 2 incident reports on file plus, all of the phone records. Sounds like you got a real understanding boss as well. Heck yeah I'd see a lawyer. You might end up owning that rental store!
  #3  
Old 07-13-2001, 02:04 PM
ARTFUL CODGER
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So that you know exactly what your rights are under the
federal Fair Debt Collection Practices Act, go to
[url]http://www.ftc.gov[/url] and type "12 USC 1692" into the search engine.
I agree with Bigun; you have a pretty good lookin' case.
Just one thing; does this man represent the original creditor, or is he a debt collector hired as a third party by the business to whom you actually owe the money? There is
a big difference. The FDCPA applies only to third party
creditors; that is collection agencies or attorneys.
If you find that the FDCPA does apply (which I hope it does), and if Texas is like Florida, then you may be able to find an attorney to take a harassment case such as yours
on a contingency base. That way, you can begin to legally get after this guy without having to pay a big retainer up
front.
Of course, harassment or no harassment, you still owe what you owe, and none of these laws designed to protect us
against illegal collection practices relieves you of that
responsibility.

DISCLAIMER: I am neither an attorney nor a legal
professional licensed to practice law in any state.
Therefore, the preceding statement is simply my own
opinion, and should not be construed as legal advice or
as forming a part of an attorney-client relationship.
  #4  
Old 07-13-2001, 02:15 PM
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Actually Codger I'm hoping Texas has been like many states and strengthened their harrassing communications laws. This sort of legisation was orginally designed to provide relief and protection for victums of domestic violence or stalkers but, some lawyers have been using the laws against collection pratices like the one described and completely bypassing the Federal Law. Sort of like the RICCO laws. Orginally pased to attack organized crime but are now used in civil litigation.
  #5  
Old 07-13-2001, 02:22 PM
ARTFUL CODGER
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Thanks, Bigun for the information.
  #6  
Old 07-16-2001, 11:04 PM
lojo
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thank you for the information! The guy that I am having trouble with, still continues to harass me, sitting outsinde my house for over an hour at a time, screaming and yelling in my front yard, and banging on my doors. This guy is the manager from the store that's doing all of this. The place is called Quality Rentals, and they refuse to give me a corporate number. I have searched the web, but to no avail. I feel I have no where to turn with this. This is clear cut harassment, on the part of Quality Rentals. I feel literally like I am being stalked by the mob. I hope no one has to endure the sheer awfullness of this situation. Guess I need to find a lawyer??
  #7  
Old 07-17-2001, 08:56 AM
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Join Date: May 2001
Posts: 6,453
This guy keeps digging that hole deeper and deeper. Please see a lawyer and next time, call the police and file either trespass or harrassment charges against him. Maybe see if the police will file some sort of public distribuance charges.
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