I'm harrassed about BF's debt

[ThisMortalCoil]

What is the name of your state? Nevada

In Feb. 2005, my live-in boyfriend incurred a medical debt of $500 and did not feel the doctor helped him. He never paid the bill and it went to a collections agency. One day the CA called and I answered the phone. (They always call when he is at work, and I work from home). I asked the agent if it was about the bill from Dr. X and she said yes. She asked for my name and relationship to him and I told her both. I said I would relay the message to my BF. When I did, my BF reluctantly agreed to pay the debt and said he wanted something in writing. Next time they called, I answered again and the CA told me "tell him that that if he won't pay, we will garnish his wages." I said he had said he wanted the info in writing. They said they would put it in writing and that I or my BF could come to their office in person and pick up the bill to expedite the process. I did so, as he was at work during this time. I engaged in a bit of chit-chat with the collector, who seemed very nice at the time. I gave my BF the bill and he paid 10% of it as the collector requested. Then, he lost his job and stopped paying, and the collector began calling again. The last time she left a message (12-27-07), she asked for either him or I by name.

Since this all happened, I have learnt a fair amount about the legalities of debt collection. I know that the CA shouldn't have discussed my BF's debt with me (but I initiated it by asking, so I don't know if that negates that legality). I also know that they can't threaten to garnish your wages unless they plan to do so. (She said this to me, not to him, which seems to violate two laws at once). Also, they cannot speak to third parties more than once except to find out where a debtor is. The problem is that I engaged with the CA not knowing any of this beforehand, and now they're asking for me as if I am a responsible party to this debt. I know they don't have the right to collect from me, but I'm very angry that they're doing this. I feel like I was just trying to help and it came back to bite me. I know I should have known better than to get involved, but unfortunately I didn't. I will be screening all calls from now on.

My questions: is $500 really enough for them to bother with seeking a judgment and wage garnishment? (It's now $450).

If they have tried to collect illegally, can my BF (or both of us) sue them?

If my BF sends a cease and desist all contact letter, will that cause them to sue him for wages?

Can he dispute the debt on a buyer's remorse issue?

Thanks for your help!What is the name of your state?

[TiredOfAbuse]

I know that the CA shouldn't have discussed my BF's debt with me (but I initiated it by asking, so I don't know if that negates that legality).

Collections Agents are (supposedly) trained to avoid the pit falls of the law. Unfortunately for this one they did disclose to a 3rd party (you) about your BF's debt. Ignorance of the law, on their part, is no excuse. You are correct, they did violate the law here.

I also know that they can't threaten to garnish your wages unless they plan to do so.

You may be correct here as well. Is the Collection Agency that called also a lawfirm in your state? If not, they have violated because they are unable to act on their threat.

Also, they cannot speak to third parties more than once except to find out where a debtor is.

They can, IF they have enough to show that the 3rd party they are contacting has more information at the time of the next call. In a court of law, it's 50/50, as to where the judge will rule depending on what testimony is entered on either side of a lawsuit.

The problem is that I engaged with the CA not knowing any of this beforehand, and now they're asking for me as if I am a responsible party to this debt.

The thing about this is, if they keep contacting you KNOWING you are only his GF, then they are WILFULLY breaking the law by keeping in contact with you directly about his debt. I say wilfully because it is something that can be shown in court through your testimony. It is not your fault that you asked about it initially, it is their fault for sharing and keeping the harassment up on you directly. If the debt is not in your name, or your insurance, then no you are not connected to it. You are just the affected consumers GF.

I feel like I was just trying to help and it came back to bite me. I know I should have known better than to get involved, but unfortunately I didn't. I will be screening all calls from now on.

In the collections industry, being nice doesn't get an Agent or his firm paid. You were nice, and you see how they treat you? Be assured that they think of you as a passive sheep that they can herd in any direction they want. Good job on screening the calls, you don't have to put up with the abuse. Unfortunately, they can and will keep calling as you have more then likely confirmed it is his residence as well. Nothing can be done about that short of a Cease and Desist Letter.

My questions: is $500 really enough for them to bother with seeking a judgment and wage garnishment? (It's now $450).

If they have tried to collect illegally, can my BF (or both of us) sue them?

If my BF sends a cease and desist all contact letter, will that cause them to sue him for wages?

Can he dispute the debt on a buyer's remorse issue?

1. Creditors and Junk Debt Buyers can and some do sue for small amounts, such as the one you have listed. They may or may not garnish but know that a judgement really drops a credit rating.

2. Your BF can sue the CA with your help. You can create and submit an affidavit along with his lawsuit claiming wilfull 3rd party disclosure. Is a couple of violations enough to sue over. Yes, even one is enough. Personally I think having quite a few will add a lot of weight to a suit, so if it were me I'd let them keep it up and document it all.

3. Will that cause them to sue - maybe, maybe not. What a C&D will do is limit what they can do. What they can do is Litigate (sue) or send your account back to the creditor (doctor). Either way they can sill contact you ONCE more to tell you what their intention is. Some don't even do that, just hand it back to the creditor so he can either find another CA, or he'll find a lawyer close to you and sue your BF.

IF you are sued - fight back. Answer any court filing sent to you as a summons. And since you have violations on the CA, you could file a suit of your own naming the CA and Creditor. You never know, you could possibly settle out of court owning nothing (with your attorney's fee's being paid by the CA).

If you due sue, please talk to an NACA attorney that has knowledge in this field of law. [url]www.naca.net[/url]

Hope this helps!

TiredOfAbuse

[Ladynred]

My questions: is $500 really enough for them to bother with seeking a judgment and wage garnishment? (It's now $450).

Yes, it's enough. Some will sue over far less. Many just make threats (illegally) as an inducement for you to pay up immediately.

If they have tried to collect illegally, can my BF (or both of us) sue them?

Sure, you can sue anyone for anything, but that doesn't mean you'll win and they won't make it easy. Chances are it would cost far more to sue than what is owed.

If my BF sends a cease and desist all contact letter, will that cause them to sue him for wages?

Maybe, maybe not. I don't see the value of a C&D letter at this point as he acknowledges it's his debt and has even paid.

Can he dispute the debt on a buyer's remorse issue?

Not hardly, I don't believe buyer's remorse would hold water. The fact is, satisfied or not, the doctor provided the service and deserves to be paid for those services. Unless you want to go for malpractice.. which is a far bigger and messier thing to do.