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Could we Sue them?

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What is the name of your state? Texas

My fiance has an account that went into collections in 1997, and is obviously out of the statute of limitations for Texas(he thinks it's a credit card, but doesn't matter at this point). This is an account that should have been maybe 1000 dollars, and is now above 7000. Anyway, they have his mothers phone number(not sure why?), and have been calling her. She is in her 70's, and is really clueless about collection agencies.
They told her all of his info, and he was willing to let that go. BUT, now they sent her a fax, with all of his info, and are harrassing her. They told her that they checked his credit, that they would arrest him, that it would stay on his credit for 7 years for every collection agency that bought it(hah). When she told them her blood pressure was getting high because of this, he told her too bad and hung up.
What really upsets him and me is that they sent her a fax with all his info. There is a website to see if they are bonded in Texas(or whatever it is) and I can't find it again to check them out. They are out of Philidelphia, and they are Tate and Kirlin.

At this point I think we should speak to a lawyer.
 


Ladynred

Senior Member
YOU BET !!! Sue their butts !! They're racking up violations like crazy !

It is ILLEGAL for them to give ANY details about the debt to a 3rd party.
The harrassment and abuse is also illegal. Threatening ARREST is WAY out there, and yet another violation.

Go to www.naca.net and find yourself a consumer protection lawyer. Document ALL of this crap, get his mother to sign a statement as to their threats and actions if he can.

These jerks are stepping WAY over the line. Your DH needs to send them a cease and desist, the debt is time-barred.

Here's a great letter: http://community-2.webtv.net/YCHANGE/STORAGE/page13.html
The statutes for the letter are on the same site.

Send it certified, RRR and keep copies. Then SUE THEM !
 
Thank You! Generally we're pretty laid back about these things, but once I found out they faxed her info, I had her save the papers and I knew they went too far.

I will begin looking for a lawyer in this for him. Thanks!
 

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