Can a collection agency do this??

Hi, I'm in San Antonio, TX. I have had a car for over 4 years and have less than a year to go to pay it off. I am behind on my payments ( to be honest). But I ahve notified all parties concerning my situation and have tried to recon with the collection agency.They are extremely dilligent to say the least.


The other day my wife checked the mail and there was an envelope address to me with a return address and a request for return service. The only thing inside the envelope was a post-it not saying:

" John call me,, I miss you babe, xoxo"

This was complete with cute little hearts along with a phone number and an ext. #. Needless to say I got home and my wife wondered what it was about. I called the number and it was the collection agency. I was going to toss it and someone brought it to my attention that this could be unethical business practices. Is this legal??


Can anyone help with some advice??

Thanks, John.

Under THE FAIR DEBT COLLECTION PRACTICES ACT, which is federal law, a debt collector may not threaten violence against you or your property, use obscene or profane language, repeatedly telephone you to annoy or harass you, make you accept collect telephone calls or pay for telegrams, or use false or misleading information in an effort to collect the "debt" From the facts you gave, they used false and misleading information in an effort to collect the debt.

If a debt collector violates the law, it is your right to write a letter concerning the activity to the nearest office of the Federal Trade Commission (you can find the address and telephone number in the front of the "white pages" of your local telephone directory under federal government listings). You can file a federal or state lawsuit against the debt collector for violation of the law,

However, since what they did had no serious adverse affect, you would probably be little other than the satisfaction that reporting a technical violation would bring.

fair collection practices

first off, it is against the Fair Debt Collection Practice (FDCP) for any collection agency to do what you said was done. What you need to do is find out if this collection agency is a registered with the American Collectors Association (ACA) and if they are you can file suit. I have been a certified collector for over 8years and all collectors and collection Agencies are governed by certain guidelines. did that person sign his/her name on that post it? Did the envelope have a returned address that can be linked to that agency? good luck and let me know if you need further help.