Debt Question

[mskeg]

What is the name of your state (only U.S. law)? New York

I have a debt and I keep getting phones calls either at home when I'm at work or at work. I have tried several times to return their calls to let them know what my intentions are. Every time I get a message saying hold and we will transfer you and then "click" it hangs up...and I mean every time. I've sent several faxes just to let them know that I can not get through and have asked them not to call me at work. They still are calling me at work.

The last call I received at work I asked them to not call me and they told me that my account was going to be sent to a lawyer. What are my options seeing that I can never get through to them when I try to call and seeing that I have asked several times for them not to contact me at work and according to the Fair Debt Collection Act they are breaking the law, how do I deal with them sending it to a lawyer?

Thanks

 

[dolebot]

Stop talking on the phone unless you record every call with an FCC approved listening device and answer the line with "Hello this call is recorded".

Research the company that is collecting on you. Pick up your credit reports and it should be simple to figure it out. http://www.annualcreditreport.com will get your yearly free one. Elect to get it on paper for a more accurate and more "legal" version.

Once you have that you can send a certified letter to the collection agency responsible notifying them that any calls at home, and at work - at any time are inconvenient. Any further communications are to be via US Mail.

If they call again you ding them for a grand each time in court.

They still are calling me at work.

This is because they know that you are a "consumer" and are quite ignorant of the law. They do this all day long and unless its seriously documented - and you sue them for it, they will continue to do this, despite being illegal. The collections companies know perfectly well how illegal it is, they just don't care and they know that you won't cause trouble/can't afford a lawyer/etc.


Here is the problem - You can I can talk, but when it gets in front of a judge, its you against me. The judge will call it a wash and chuck it out.

If you have recordings, you win.

If you have certified letters where you notified them that its inconvenient - then you win.

As for them "sending it to a lawyer" - shoot I send all sorts of stuff to my lawyer - jokes, anecdotes, funny pictures, etc. See again I can say whatever I want it doesn't mean anything.

However it is illegal for them to claim to file papers in court if that isn't true.

i.e. "legal action" is any action not illegal. So if I'm going to perform a legal action on you, I could be shaking your hand, since it isn't illegal.

Now if I said "I'm filing a lawsuit on the 5th of May" - and do not do so - that is illegal, as a normal person would take action such as retaining a lawyer and incurring costs based on a lie. It's fraud.


Yes to fix this you have to completely turn your life around. Next time pay your bills.

 

[mskeg]

thanks for the advice.