Family and Home Threatened

[lizdoda]

What is the name of your state? California
I am very upset I have been called so many times by a collection agency (collection attorneys) They have 2 credit cards that I owe money to, & my
parents were going to loan me the money to settle with them, they would not wait until I had the money in my account, they said if I gave them a check over the phone they would hold it until the funds came in, the loan from my parents fell through, in the meantime they deposited checks and of course the fund were not there. They called my parents and told them that unless they gave them a check by mail they were going to press charges on me for giving bad checks and told them all about my outstanding debts. My parents did not know what the money they were lending me was for, I called the collection person that spoke with my elderly parents and told her I did not authorize her to speak to my parents and all she did was upset them, and not to call them again. I have not been served with any summons or been sued yet, but they keep threatening me, I told them I was going to pay but I am working in getting the funds together, I will have the money in about 3-4 weeks. They will not wait. Said that they were going to file papers first thing tomorrow to place a lein on my home . Can they do that? I was told I needed to be sued first and have a judgement before any lein is placed. They keep calling me at work and demanding that I give them the phone number of the person who will lend me the money so that they can confrence call them and get a check over the phone. I am so stressed over this and all the phone calls and threats to have my wages garnished and leins placed on my home.

 

[Ladynred]

They can NOT do ANYTHING without first suing you and getting a judgment !!

Their threats are breaking the law as is their contact with your parents regarding the debt - it is illegal 3rd party disclosure. They can NOT pressure anyone else to pay the debt !!!

They can NOT continue to call you at work after you have told them to stop. You need to send them a cease and desist letter telling them they are to cease their illegal contact with your parents and to cease calling you at work as your employer does not allow personal calls. Tell them they are to contact you by MAIL ONLY. Send the letter certified, RRR and keep copies of everything.

You need to read the Fair Debt Collections Practices Act (FDCPA) and learn what your rights are and what they can NOT do - these jerks are racking up violations right and left !! Go to ftc.gov, consumer, then credit and scroll down almost to the bottom until you see the Act itself. Pay close attention to Sections 805 and 806 !

Who is the collection agency ?
How old is the debt ? When did you last pay the original creditors ??