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  #1  
Old 10-17-2006, 09:40 AM
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Join Date: Oct 2006
Posts: 2
Question

private investigators


What is the name of your state? South Dakota

I just have a question. When a Private Investigator is hired by a finance company to collect. Do they have to abide by the same laws as collection agencies? I have had to deal with this one lady who is terribly rude to me and has called other family members who have nothing to do with this debt and she has given them all of the information and has told them that she is going to have me arrested for non payment. She has even called my mother "nuts". I would like to take some action against her, but I'm not sure if she has violated any laws. Any help would be greatly appreciated. Thank you....
  #2  
Old 10-17-2006, 08:57 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
When a Private Investigator is hired by a finance company to collect.
Collection agencies DO NOT hire 'private investigators' to collect debts !!! This is a BS LIE told to you by some collector to scare you, don't fall for it !!!!


Quote:
I have had to deal with this one lady who is terribly rude to me and has called other family members who have nothing to do with this debt and she has given them all of the information and has told them that she is going to have me arrested for non payment.
You are dealing with a COLLECTION AGENCY and those types of LIES are typical. Telling other parties about the details of your debt is just one violation of the Fair Debt Collection Practices Act (FDCPA). Telling you that you can be arrested for not paying a debt is ANOTHER VIOLATION .. and total crap. Debtor's prisons were abolished in this country in the late 1800's !

Quote:
She has even called my mother "nuts". I would like to take some action against her, but I'm not sure if she has violated any laws.
Of course she violated a law.. the FDCPA and more than once. Verbal abuse is also forbidden, though these collectors thumb their noses at the Law with abandon - they seem to think they are above the law

I suggest you start reading the FDCPA:
[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]
Pay close attention to Sections 806 Harrassment or Abuse, 807 False or Misleading Practices, and § 805. Communication in connection with debt collection - Paragraph B.
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  #3  
Old 10-18-2006, 12:06 PM
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Join Date: Oct 2006
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Thank you guys for all the advice..I already feel much better...I'm going to have to look into the laws...how do I go about pressing charges??
  #4  
Old 10-18-2006, 07:11 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You can't really press charges, it's not a criminal offense. The usual route is to document the violations and sue them for the FDCPA violations.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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