Collections

[jkhall]

Kentucky - collection agencies

Have a outstanding unsecured debt for a cellular phone company. owe $650.00 paid $225.00 on it last week to the collection company. Collection representative has called and been nothing short of rude fowel etc to my wife and me. 1st question is can she legally be discussing a debt in my name only with my spouse?

2nd. she has threaten with wage garnishment etc. I have planned on paying this debt asap. But cannot pay as she wants. I made arrangements with another rep in the same company who was polite and considerate who said it would be ok for me to chip away at the debt the best i can. Am I getting good cop bad cop scenerio.

Any advice on this matter.

Thanks,

Kevin H.

 

[Ladynred]

Collection agencies are bound by the Fair Debt Collection Practices Act, which specifically states that they may NOT be abusive in their attempts to collect a debt. It also states, that unless given specific permission by the debtor (you), they may NOT discuss your debt with ANYONE, that includes your wife !

So, this scum-sucking collector has violated a FEDERAL law in at least 2 ways, perhaps more if you read the FDCPA. I'd say you're getting the good cop/bad cop scenario. Don't let them bully you, they ONLY want money, and YOU control the purse strings.

The next time the collector calls, tell them that you know your rights under the FDCPA and you also know that the one person has already violated the Act several times. Tell them that you will file a complaint with the FTC and that you know you have a right to sue them for their violations of the FDCPA. For such a small amount, even smaller since you made a payment, you most likely would not be sued, it would cost them more in court costs than the debt is worth.

In short, you have time and the FDCPA on YOUR side. If you're going to pay the debt, tell them you will pay them as you had already agreed to do and make sure you send in your payments. They'll just have to choke on it and take whatever you send them.

Here's a link to the FDCPA

I hope this helps

 

[jkhall]

reply collections

I had brought to the attention of the collector that I did not believe it was ok for her to discuss with my wife.

She rattled off several states including kentucky that it was legal for her to do that. Are you sure even in KY that she cannot discuss with spouse?

I did also earlier today sent a letter cease and desist to not contact me by phone anymore. Was this ok or not?

 

[Ladynred]

The collector is giving you a snow job. As I said earlier, the Fair Debt Collections Practices Act is a FEDERAL law. In this case it doesn't matter what state you're in, the FDCPA takes precedence and it clearly states that a collector is NOT allowed to discuss your debt with anyone unless YOU have given specific permission.. you have not done so.

Here is the EXACT text from the FDCPA from Section 805:

"(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."

The Cease and Desist letter is a good idea, I hope you sent it Certified, Return Receipt requested.
If this collector calls you again before they get the letter, you need to inform her that according to Section 805, Pargraph B of the FDCPA, she is in violation of the Act when contacting your wife about the debt without your permission. Your state of residence is irrelevant, this is a FEDERAL law and she should know that.