Harrassment for debt not belonging to us

[debwacha]

What is the name of your state? Texas
My husband and I have been receiving calls for several months regarding a debt incurred by his ex-wife...a woman he hasn't been married to in 25 years and who has been married at least 5 times since. We have informed the agencies calling that they have the wrong number...have even gone so far as to give them her other "alias names" and phone numbers where she could be reached. In each case we have been assured that they will remove our number from her file. Yet, they continue to call. Do we have any recourse that can stop this constant harrassment? To make matters worse, she and I share the same first name and (ironically) middle initial. Middle name is different, birth date is different, social security number is different.What is the name of your state?

 

[Ladynred]

Get their address and company name and send them a cease and desist letter stating that they are never to contact you again as the account is NOT yours, and on top of that the statute of limitations has long since expired (4 years in TX). File a complaint with the TX AG and the FTC.

 

[Dandy Don]

Did you explain to them the circumstances about the similarity of the name? That may be why they keep contacting you wrongfully.

Get an answering machine to record their incoming calls and inform them verbally and by mail that they are subject to penalties if they continue to call, and consult a debt collection attorney. This is clearly harrassment and you may want to send them a warning by certified letter. If they continue to call after you have notified them, by law you are entitled to financial damages and a collections attorney can tell you how much that is and what you officially need to do.

DANDY DON IN OKLAHOMA ([email protected])

 

[TigerD]

Unfortunately for the OP -- it isn't harrassment. The FDCPA states "reasonably believe" and no collector is going to reasonably believe that this lady is a different person.

I would fire a collector that accepted a story like that.

DC

 

[Dandy Don]

Her explanation is very reasonable and she has the proof to back it up. The critical detail in the harrassment factor is the number of times that they continue to call AFTER they have been warned and that is the violation.

 

[fairisfair]

Unfortunately for the OP -- it isn't harrassment. The FDCPA states "reasonably believe" and no collector is going to reasonably believe that this lady is a different person.

I would fire a collector that accepted a story like that.

DC

OMG, and you would be wrong!!