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

FDCPA law requires that a collector identify themselves as such. In my opinion any collector who masks their identity by not providing a number tracable to them as a collection agency is violating the law. But I am not aware of any caselaw that backs up my opinion. It is certainly an avenue to explore if you are aggressive in fighting back with collectors. Try contacting an attorney on naca.net.

I have read this whole thread and there are points on both sides. The bottom line is that everyone should abide by the law. While there are some deadbeats who rack up debt with no intent to pay, I think most of the blame falls on debt collectors who constantly violate the law to collect. The collectors who refuse to believe the debt is not yours, or ignore stop contact letters, or use harassment tactics. These are far more common than your deadbeat debtor who doesnt want to pay. Bankruptcy is the law and is an option for those who have little hope of ever being able to repay their debts. But that is an option not to be used lightly. Debtors should pay if it is their debt and they can do so. But collectors need to stop violating the law in order to get their commissions. As websites like this become more common, people will know they do not have to put up with anyone who violates the law, whether they owe money or not. Debtors are not criminals unless they are proven to be. So stop treating them like dirt in pursuit of your all important commission and respect the law you collectors!

I'm having a problem with Allied Interstate.  They've been calling for my ex-husband recently. We've been divorced for over 10 years, and he apparently has tracked me down in a new city and is giving out my phone number as his own.  I haven't spoken with him since before our divorce was final.  I've explained to the Allied people that I do not know this person they are calling for, and to please remove my phone number from his account, but they still call. I don't have any loans whatsoever, and I'm afraid that they'll sue me for something I don't owe. I'm sending a C&D letter via certified mail  tomorrow, will this actually work, or am I still going to be fighting this battle?  I can't afford a lawyer, but I can't afford to pay for someone else's mistakes, either.

I to am getting harassing calls from allied interstate I just changed my number and I am now getting calls for someone else. I have told them several times to quit calling and I don't know the person they are calling for but they keep up. I am going to have my legal dept write up a C&D letter. I am also going to drive up there if that doesn't work. if I owed the debt I wouldn't mind but its not for me I gave them my number abd told them to verify with verizon that it wasnt registered with the guy they are looking for but they still call.

Divorce is tough and it gets tougher. While a divorce court will divide up debts that decree is not binding to those whom you owe money. Legally both of you still owe any marital debts although you can drag your ex back into divorce court and make him pay for what that court said he should pay. You can also file Bankruptcy and then all debts will fall on him. Best advice is to send the C&D letter since it will stop all efforts to collect from you unless they can prove the debt. Also, after 10 years, in most states this debt is too old to be collected (known as beyond the statute of limitations). So do not admit the debt and ask for proof and ask for further proof that this debt is within the SOL of your current state of residence. Send by certified letter of course. Chances are that you will not get any response and they will go away. But if this is a legit debt you can still sue your ex in the divorce court if he was made to pay it there.

Can the creditors / debt collectors sue the debtors? Reply ASAP, thanks.

The collectors I believe dont as far as creditors can, however after 7 years that cant sue

So after 7 years, the creditors cannot sue the debtors?

I got a call from a credit card that went to chargeoff 13 years prior. I called an attorney who was was able to get my phone number via caller ID from that she was able to cross reference the name of the collection agency and even the agent who called me. My attorney also told me that because the debt was so old it wouldn't appear on my credit. Well I knew that because I check my credit regularly. So I just wrote them telling them not to call me.

Here's what's weird: The call was in 2005, and I had only lived there for less than a year, but I legally changed my last name in 1997, but they called asking for my old name. How did they get my most updated telephone number but not my name?

TODD HAMBLIN and your staff ASH LEVINE at AIC:

These guys are calling for my friend at my place house - apparently ROGERS has been telling this company that some amount is owing - sorry but it is INCORRECT - doing you a favor by letting you know - save your time, energy and $$$ - not getting any commission here boys.... looks like ROGERS did a number on you!!!

Ok heres the deal. A creditor or collection agency can definitely sue you. In fact anyone can sue anyone for any reason but that doesnt mean they will win. The Statute of Limitations will dismiss any case filed after that time limit expires but the time limit varies by state and type of debt. The SOL does not stop them from filing a lawsuit but if you bring it up as a defense and the time is over you will win. The 7 year thing applies only to your credit report. To best deal with anyone trying to collect a debt whether it is legit or not is to send a demand for verification of the debt and also demand that they cease all contact with you. Send this letter by certified mail and keep a copy. Most of the time you will not get any response and they will go away. If they do send something they think is proof it is time to talk to an atty and decide if they have enough proof to sue you and win. Then you can decide whether to ignore them, sue them or pay them. As a matter of fact most debts more than 3 years old will lack the required proof needed to successfully sue you but there are exceptions. And the SOL laws from state to state run from 3 years to 20 years (longer ones are usually East coast). Send the letter and then deal with it from there depending on their response or lack thereof.

Yes, collection agencies sue.

Unless the tenants put you down as a reference on their loan/contract, etc., there is no reason for the agency to be contacting you.  I used to work for a collection agency (boo, hiss) and you can't usually call a work or alt. number unless they didn't list a home number.  And in some states, you still cant call other numbers.  It is actually not good practice for this company to be letting you know about your tenant's financial issues.  That's a violation of privacy.  They're doing what they're doing because they haven't been caught yet.  The tenants can actually file a complaint and a c&d order along with you.

If you have an address this is a great form letter to send regarding any debt collection agencies.  It is best to send this via certified mail.

Your name
address
city, state zip

REF: Account #

To Whom it May Concern:

1. You are hereby notified under provisions of Public Laws 104-208,  also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

2. You and your organization must CEASE & DESIST all  attempts to collect the above debt. Failure to comply with this law will  result in my immediately filing a complaint with the Federal Trade Commission and the (Your State) Attorney General's office. I will pursue all criminal  and civil claims against you and your company.

3. Let this letter also serve as your notice that I may utilize telephone  recording devices in order to document any telephone conversations that we  may have in the future.

4. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally  and corporately, to seek any and all legal remedies available to me by  law.

5. This letter will also serve notice as a demand to immediatley remove any falsely aged or adverse information provided to any credit bureau.  If you have already submitted falsley aged information,  I may still seek legal remedies as stated in article 4 of this letter.  Any delays in removing this information will only assist me in proving that you have acted in a fraudulent and malicous manner.

6. Since it is my policy neither to recognize nor deal with collection agencies, I will settle this account with the original creditor


Give this matter the attention it deserves!

And have a nice day.


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I sent a payment to a creditor and they returned it, stating they had turned the bill over to a collection co.  They had been getting paid every month on a regular basis.   They seemed to think they needed the balance at one time.  I am working with a credit services company now, and they are send the money, monthly to the creditor.  What's the difference??   businesses are too big for their britches.