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  #1  
Old 07-24-2008, 09:04 AM
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Join Date: Jul 2008
Posts: 2

Debt Collectors Harrassing My Home - Wrong Number!


Texas: Debt Collectors Harrassing My Home - Wrong Number!

What can I do to file a harrassment lawsuit against a debt collection agency? Who can I contact to file criminal charges and complaints against this operation? A particular debt collection opertaion has called my residence at least 10 to 20 times per month over the past 8 months looking for someone I have never heard of in my entire life. Their incompetence and desperation for revenue runs so deep that when they skip-traced for the person they are trying to reach all they saw in the phone listings was a first initial and a last name and assumed they had the person tracked down. My number is listed as just a 1st initial and last name and no address. At least 5 to 8 times a month when I am working from my home office and can answer the phone, I tell the representative that there is no one by the name they are seeking at this number. I even call the number on my Caller ID and attempt to reach a manager or supervisor. I have spoken with supervisors on 4 separate occassions. I am told each time that the number has been removed from their records. Their lie is short lived and I continuously get harrassed with more phone calls by extremely rude callers invading and interupting my private residence and family. I should be compensated handsomely for the stress, damage, and invasion into my home!

Any information, next steps, guidance would be appreciated.
  #2  
Old 07-24-2008, 11:35 AM
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Join Date: Jul 2008
Posts: 2

Start with the FDCPA


Hi,

Start with reading the Fair Debt Collection Practices Act (FDCPA).

Good luck!
__________________
Marc Williams
FR Credit Repair
  #3  
Old 07-24-2008, 12:42 PM
Member
 
Join Date: Apr 2007
Posts: 54
Try another approach tell them you are not paying the debt, be rude, and tell them if they want any money they are going to have to sue you. Make them know that they are not collecting period. It might work.
  #4  
Old 07-24-2008, 10:59 PM
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Join Date: Jan 2005
Posts: 2,336
1. Calm down. Take a deep breath.

2. Write a letter to the collection agency. I presume you have their address. If not, next time they call, just ask for the mailing address. Leave all the emotional stuff out of your letter. Just say calmly that you have had an average of 20 calls per month for the past 8 months for Mr. xxx. Say that you are not Mr. XXX and have no idea how to find MR. XXX. Say, "cease all communication" immediately. Send the letter certified mail.

3. Write complaint letters to the Better Business Bureau of the home city of the CA, to the AG of the CA's state, to the AG of your state, to the Consumer Complaint Officer of the American Collector's Association, to the Consumer Complaint Officer of the CA, to the General Counsel of the CA and to the Federal Trade Commission. Again, calmly repeat what you said in the first letter.

Now, I am sure your post was just venting. You deserve to vent. But, you are not going to interest the US attorney in filing criminal charges against the CA. The CA has not acted in a criminal fashion. It is not illegal to be stupid and waste your time.

If there is any litigation involved, it will be if you sue the CA if they fail to stop calling you after then get those letters. I have to tell you that you do not have a no-brainer of a case. You will need a hire a lawyer to file the lawsuit unless you are committed and focused enough to teach yourself how to do so.

Now, you can let that breath out.
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