theft by taking

[dloud]

What is the name of your state?ga
I purchased a violin several years ago fro my son and paid on it well until things went bad. I went through a desperate time where I needed cash and pawned this violin.Unfortunately, I was unable to retrieve it. Recently, I have received calls from a collection agency in Florida stating that they represent the previous company and plan on filing charges for "theft by taking. I received a call from said company today at work and they stated that they will notify my employer of this tomorrow.What rights do I have if any at this point?

[debtcollector`]

Originally Posted by dloud

What is the name of your state?ga
I purchased a violin several years ago fro my son and paid on it well until things went bad. I went through a desperate time where I needed cash and pawned this violin.Unfortunately, I was unable to retrieve it. Recently, I have received calls from a collection agency in Florida stating that they represent the previous company and plan on filing charges for "theft by taking. I received a call from said company today at work and they stated that they will notify my employer of this tomorrow.What rights do I have if any at this point?

My answer has several parts:
1. If you owe a debt your should pay it. Make a payment plan if you need one -- but be realistic about it.

2. Goto [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url] and read the FDCPA, which is the law that governs third party collections agencies.

3. Purchase a tape recorder.

4. Connect tape recorder to phone line.

5. Wait for them to call back

6. Turn on tape recorder

7. Ask them if they are recording the call. If yes goto step 9.

8. Read the following: "Thanks for calling. I want to resolve this. We realize this call is being recorded. What can we do to fix this?" ***say this quickly***

9. Hopefully they will repeat what they said above.

10. If they do, file suit for FDCPA violations.

They cannot legally threaten you. If they call you at work turn on said tape recorder and tell them you place of employment doesn't allow personal calls and not to call you again.

If they disclose the existance of the debt to a third party, file suit.

DC