Harassing calls from a debt collector? Here is what you need to know

Debt collectors are highly motivated to convince debtors to pay the debt because they work on a commission. This business model has created the reputation for bill collection agencies that we know today. The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.
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  • 0
    Actros replies to edgework
    | 7 replies
    To make sure they no longer contact you (if they do again), get the person's name and the company mailing address.  Then mail them a Cease and Desist letter telling them not to contact you anymore.  By law they have to comply with this letter and cannot contact you anymore and send it certified with a return reciept with a signature.  Make sure you keep a copy of the letter incase they do contact you.  If they keep contacting you after they recieve the letter, you can file a complaint with the FCC.
  • 0
    Actros replies to partie4life
    | 6 replies
    Skip tracing (which is what the collection agency is doing) is not illegal.  It is only illegal if the collection agency tells the person they call who the debt is owed to and how much is owed and that they are a collction agency. They area allowed to call and leave messages, make sure the person lives there and to verify the address.  Once they are told not to contact you anymore (in writing), they cannot contact you anymore.
  • 0
    sinny
    | 16 replies
    Am I wrong but I thought that debt collection agencies can't leave messages on answering machines or voice mails stating that they are debt collectors trying to collect on a debt?
  • +1
    annoyed
    | 1 reply
    1-866-568-5587 identified as Sean Atword (real name may be Michael Harrison in Texas.)  Ruthless con artists who try to collect on pretty much bogus claims from a company called North American Software or Satellite TV, etc. who must sell any scrap of contacts to these type of collection companies (can be others...see scam.com).  The software company sends out a demo, but then try to claim on ongoing contract just by loading the demo.  The "collector" so called identifies himself at first nicely, then is abusive, uses scare tactics (like we'll show up at your door, anyway to hit a nerve...typical lowlife stuff...don't let him...it's all illegal tactics, and criminal behavior..pretty nasty business.  Avoid the dude, get an attorney to file with the Attorney General for State of TX, cuz the guy has a record, and this is an alias for a company Anderson Krenshaw with a record a mile long. Eventually, can we throw these types in jail. Report immediately, cuz most "collection" claims are really bogus..never give anything over the phone or agree to a payment.  Talk to your original company who provided the service...chances are they are just as sleezy.  Lesson to work with only reputable companies and as few as possible.
    Caller ID: unknown
    Caller: unknown
  • 0
    kaykay
    | 4 replies
    a debt colletor called my work yesterday before i got there and asked one of my co-workers to speak to me. when she replied that i wasn't there, he asked her for another number i could be reached at. she said she was sorry, but was not allowed to give out employees phone numbers.  the collector was harassing her, and eventually she got sick of it and hung up.  isn't involving a third-party that has absoultely nothing to do with the situation breaking some kind of law? at what point is this considered harassment?
  • 0
    IDEA!
    | 7 replies
    Work with the collectors and pay back what you owe!  Do right thing!
  • +1
    Mary replies to mel
    i was afraid of the same thing. i questioned them in  detail and asked for their number and i would call THEM after i check them out. because after all it could be anybody calling you.
  • 0
    missfire
    | 2 replies
    How do you deal with this:...calls from collection agency...you request written info in regard to the debt... after this, they send you nothing and do not call or contact you again....however they still continue to check your credit rating....this causes the alleged debt to stay on your credit report?....

    Any ideas....?
  • 0
    Kathie replies to sinny
    | 14 replies
    I got a new one the other day...and please someone tell me if this is legal or not. I got a message on my answering machine, where the recording says "This message is for so and so...if you are not so and so, please hang up. If you stay on the line, you are acknowledging that you are so and so and that you acknowledge this debt is valid." Then it waited a second, then went on to say "Now that you have continued to hold on the line, you are acknowledging that you are who we are calling for and that the debt is real" and I was like HUH>????? It was my answering machine, not a person...Please someone tell me that this is not a legal practice.
  • 0
    AP
    | 3 replies
    I recieved a call from one on Christmast Eve.  She was very rude and told me that they needed to get this settled ASAP which is why the agency is making everyone work on Christmas Eve.  She said that they are threatening legal action and have already sent me 13 letters.  I did recieve maybe two, but they seemed fraudulent to me and I took now action because of this.  She was very demanding and would not let me work out a plan that would suit my financial abilities.  (If the debt is mine, i am happy to pay it but can only afford so much per month)  She wanted my bank account number which i did not have on me at the time.  She told me to call back Wednesday with that information.  If I do not call back and they do not have my first payment by Friday, before the new year, they will take legal action.

    Does any of this sound familiar?  What should I do?
  • 0
    Matthew
    | 1 reply
    I am a collector for student loans, I try my hardest to respect everybody's privacy... one thing that we are governed by is the FDCPA "Fair Debt Collection Practices Act" if you tell them not to call you at a certain time or at a certain number we must respect your wishes otherwise we are violating the FDCPA, which is a federal law. The only collectors that are not governored by that law is first party agencies for example you have a credit card from ABC bank and ABC bank is collecting on it. they would be first party. plus there is a number of state laws most states have, I have a list of them is anybody is curious on what their state laws are send me an e-mail at misaacson07@yahoo.com
  • 0
    Matthew
    | 2 replies
    This is a response to KATHIE who posted dec 26 2007... That message they left you is know as the "FOTI" it is in fact a legal message but ONLY allowed to leave it if it is a verified phone number for example the phone number is reg to who they are calling for or an immediate family member... it is illegal to call a neighbor and leave it, they violate federal privacy laws if they do. That message is more of a shot below the belt, like if ones spouse of child heard it, its ment to try and get people upset and call in... I tend not to use it as it is stupid. I feel like and [***] saying that. NOBODY has the right to know about anyone elses business...
  • 0
    trying to make it right
    Thanks to IDEA and PAYYOURBILLS for their input.... tell me this, how about somebody who is trying to survive, get back on track, rebuild life after divorce/loss of career/and cancer all within a year??  Working like crazy to meet obligations, have told creditors my struggle repeatedly. If someone could help me find an entry point and get to work where I could earn enough to service my (post medical related) debts, I would be ecstatic! Sometimes, it's not quite as simple as meeting your obligations. My credit and credit habits were exemplary before that, and I hope to regain that in the future. Interestingly enough, the very creditors I want to repay are currently helping to prevent me from doing so by their energy-draining harassment.
  • 0
    michael
    | 1 reply
    Can a debt collector hide their ID on Caller ID? Can they use "Unknown" or different numbers? I would think it's illegal but maybe not.
  • 0
    The Man replies to missfire
    | 1 reply
    The FDCPA law is clear. If you request validation or written proof of the debt and the collector does not provide it within 30 days they MUST cease ALL collection activity. If they put anything on your credit report AFTER getting your letter, they have violated FDCPA law. You can sue them for $1000 per violation or file a complaint with the FTC or both. If you live near a large city you can probably find a lawyer to help you at naca.net.
    The problem is many of these scumbags will ding your credit BEFORE you send your letter and then it is there for 2 years. Not sure if that is legal or not. Send the letter as soon as you know someone is trying to collect and make sure it is a certified letter.

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