Collection Agency/Attorney Harrasing Me & My Employer at Work

[lizdoda]

What is the name of your state? CA
I am having a lot of problems with a Collection Ageny/Atty Office. Eskanos & Adler. They have been calling me like 3-4 times a day at work, they have called my elderly parents and told them my collection problems and asked them to pay or they would sue me for the debt. I faxed them a letter letting them know to not call me at work because it is causing problems with my employer. I also told them I know that they called my parents and gave them information that they were not allowed to give by law and that I have filed a complaint against them for that call to my parents. After they received my Fax, they called my work again wanting to speak to my employer to get employment verification and how many hours I work. Is this legal, can they call my employer to get this information like my work hours and if I am part time or full time? Help I am so frustrated with this company and all the harrasing calls.

 

[Alex02]

there is some kind of paperwork you can send them that will make them stop callin for 30 days or so. Kind of like a cease fire type deal.

Cease and dissist i think its called?

Somebody will chime in to back me up OR have your coworker tell the collectors you were FIRED as of yesterday when they call tommorow

 

[lizdoda]

I already sent them that letter and they called after they received it to speak to my employer.

 

[Alex02]

LOL are you serious? I say act out that part

coworker: No ________ was fired yesterday. He no longer is emplyed here with us.

 

[ambera55]

What is the name of your state? CA
I am having a lot of problems with a Collection Ageny/Atty Office. Eskanos & Adler. They have been calling me like 3-4 times a day at work, they have called my elderly parents and told them my collection problems and asked them to pay or they would sue me for the debt. I faxed them a letter letting them know to not call me at work because it is causing problems with my employer. I also told them I know that they called my parents and gave them information that they were not allowed to give by law and that I have filed a complaint against them for that call to my parents. After they received my Fax, they called my work again wanting to speak to my employer to get employment verification and how many hours I work. Is this legal, can they call my employer to get this information like my work hours and if I am part time or full time? Help I am so frustrated with this company and all the harrasing calls.

They are CLEARLY in direct violation of the FDCPA Sections 804 (1) and 806. Section 804 states: "Debt collectors communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:

Identify themselves, state that they are confirming or correcting location information concerning the consumer, and, only if expressly requested, identify their employer.

Although the FDCPA generally protects your privacy by limiting debt collector communications about personal affairs to third parties, it recognizes the need for some third party contact by collectors to seek the whereabouts of the consumer.

This assumes the collector is talking to someone other than the consumer such as a parent, sibling, neighbor, friend, employer and so forth. Discussing or providing any other information violates the law thus opening up the possibility of being sued for civil penalties". Meaning they should never have discussed your debt with your parents or asked them for money! I know that they can call you at work to verify that you do actually work there, but I'm not sure about asking about your hours, and I'm pretty sure that once you sent them a letter to cease all contact, they had no right to call your work. I'm sure someone else here can be of more help with that.

As for Section 806 this states: "A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls."

Give the FDCPA a good read to see if they've violated any other sections. I'm dealing with a collection agency myself and know how ruthless they can be, and also how far over the line they go. Good luck!

 

[tracy75]

I used to work in collections for several different agencies so I know quite a bit about the FDCPA. Also from having worked in third party collection agencies I also know a lot about the tactics collectors would use. It sounds like the attorney's office is mearly acting as a third pary trying to collect the debt and not really going to pursue legal action. If they were really going to take legal action then they wouldn't bother with trying to work you over. They already know where you work and how to get a hold of you and thats all they need to get the ball rolling. So for them to continue to contact you is a scare tactic. Also you mentioned that you sent a C&D letter via fax ..."woops we didn't get that, can you send it again" is all they need to say to that. You need to send the letter certified mail return reciept requested (CRRR) so that you have the proof that the letter was received. Also according to the FDCPA, request to have no calls at work does not have to be in writing. So if you are contacted at work before they get your letter you or anyone who answers the phone should tell them you can't have calls at work and hang up, if they call back ask for a supervisor and let them know they are in violation of the FDCPA and that if you are contacted at work again then you'll contact the State Attorney Generals Office to file a complaint. It's also a violation for them to be contacting you so much, by law they can leave you a message everyday or call with no answer everyday but once they actually speak to you, you can't be contacted again for 7 days unless you tell them to call you back before then. It's clear they have made several violations send the C&D letter and decide how you want to handle this debt. Are you trying to buy time til you can pay, are you trying to get out of paying the debt all together? what do you want to acomplish? figure that out and with a little more info as to what type of debt it is and the age of the debt you can find out what your options are.

 

[Ladynred]

Eskanos and Adler are a bunch of lying buttwipes and they are notorious for breaking the law. File a complaint with your State AG AND file a complaint with the FTC immediately. They make a lot of illegal threats, but they rarely sue anyone. Harrassment and intimidation is their method.

 

[phurst6546]

Where To File A Complaint Against Creditor

GO TO THIS LINK AND CLICK ON "FILE A COMPLAINT'. http://www.ftc.gov/ftc/consumer.htm

 

[J_W]

Eskanos & Adler

Hi I am also having problems this these creeps. They are suiting me for a debt that is past the SOL. I have retained an attorney and we are thinking about a class action lawsuit. Interested?

 

[J_W]

Hi I am also having problems this these creeps. They are suiting me for a debt that is past the SOL. I have retained an attorney and we are thinking about a class action lawsuitundefined