Question about debt collector in concern with my wife?

Question

I recived a call from a bill collector "very nasty" claiming he works at a law office and here to collect a debt for a Discover card. I told him i dont know anything about this, he replied well you should sir. then he said you need to pay me 3k now or else we will sue you and put a lein on your house/garnish your and her wage. I told him i need more details i dont understand he told me it was 4 years ago. I then told him where to go on how he was behaving and hung up the phone. He then back and i let the answering machine get it and he left a message saying i am right now filing a lawsuit and you will get served with the papers--see you in court and good luck. We got a credit report and it dose show 1700 has been charged off by discover in december and thats all it says . We only been married for 2 years and owned the house for 1 year. i dont want to deal with this person. anyone has delt with happy people like this

Answer 1

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good luck!

Answer 2

This behavior may be illegal and prohibited by federal law!

You need to be aware of the Fair Debt Collection Act, which protects consumers from egregious behavior of debt collectors similar to that which you described.

Next time person X calls, tell him that you know your rights under the Fair Debt Collection Act, and that you are (1) recording the conversation and have recorded the others on tape, (2) you are going to report him personally and his company to the Federal Trade Commission, (3) if he calls again and acts in that manner, you will file a suit against him and his company for damages under the FDCA, and (4) to provide the terms of the debt in writing.

I have attached a link that answers common questions about the Act. Good luck!

Answer 3

Hopefully, you saved the voicemail message from him.. If you did, take the voicemail message of that mean collector and let your attorney hear it... The collector violated the FDCPA law.... Its against the law to put any type of a message about a debt on an answering machine or for them to tell anyone else about it.. You have a real lawsuit here and your attorney can get the debt erased because of this.. Hopefully, you save the message... I would wish you good luck, but you don't need luck.. You have the law on your side with this one.

Answer 4

DONT GIVE THEM ANY MONEY. By charged off this means that Discover actually sold the debt to a collection agency. They can't put a lien on your house or garnish your wage for a debt she incurred before you were married.

Tell them not to call you and send everything in writing. Tell them you want a copy of the agreement. If they can't provide you with anything, they can't prove it's her debt. They are using high pressure threatening tactics to try and get you to pay up.

Same thing happened with my sister except it wasn't her debt. They told her that they were going to throw her in jail too. They can't do that either. Don't take anything they say as truth. COLLECTION AGENCIES LIE!

Answer 5

Tell them you want something in writing regarding the debt. They have to be able to substantiate that the debt exists. Unfortunately, bill collection services hired some pretty strange people, and they make some claims that are obviously false. Whenever you think they're doing that, tell them you will only respond in writing to a written demand.

FYI, if a debt hasn't been paid on in 5 years, the statute of limitations has run on collection. They can only revive it by tricking you into making a payment.

Answer 6

ok, i really would not worry about this. call you buddy back and have a tape recorder---he sound like a dummy and get him tricked into saying stupid things again. then ask for the debt in underwitten statement of this debt. I would also send this in a certified letter too. if 35 days pass its voided by this agency. now if it comes back stating you owe the debt dont worry if have some good steps for you to follow.
1. check your state SOL google it and you will find it, if was charged off 4 years ago, and you SOL 4 years send him a letter stating your SOL is up and to ceist and desist contact with you.
2 if lets say you SOL is out of 6 years, it is unlikely for them to sue you that amount is really not worth while they bought that debt for lik 300 bucks, and risking lots of fees risk for them. IF THE DO SUE YOU THEY CANNOT TOUCH YOUR WAGES OR EVEN PUT A LEAN ON YOUR HOUSE, I WAS BEFORE YOU WERE MARRIED. sorry for the shout, i would also bring up the threats. I you do get brought to court with i doubt you have some leverage, with a recorded message the dummy shooting his mouth off. i would simple threaten with a counter suit.
dont worry about this he credit was the ultimate punishment.

Answer 7

I agree get everything in writing and certified if possible. Make sure you tell them and JUST TELL them verbally that you are will to work with them on it but you need more info on it. Reassure them that you are willing to work on it. They cannot Legally harras you!

Now the nasty person, tell him that you will call local authorities and file claims of harrassment against him and his company. Ask for his name, his supervisors name, the corporation name, the tax ID, the business address and the principals and/or owners of the corporation (or partner if it really is a law firm) And by the way if it was really a law firm they wouldn't act that way.

If they were really a law firm you would've BEEN SERVED papers already. They don't need to get nasty with you. They deal in the courts. They know better. These are scare tactics it sounds like. Obviously if you do get served check with a lawyer to get it resolved.

Answer 8

When was the last payment made on the account? There is a statute of limitations that may apply, usually it is two years, but this may differ in your state. If it is past the statutory period, all they can do it threaten, they can not get a court judgment.

Even if they do get a judgment, they can not take your home, nor can they take your wages, only your wife's.

It sounds to me that they are trying to bully you into making a payment, so that they can restart the clock on the statute of limitations. Next time they call, tell them you want any contact to be in writing. Do not make a payment.

Answer 9

Your wife should be aware of any debt she has in-cured. Interest does grow. If she got this debt before she married you it is only her debt and they can only sue her. Is her name on the house deed? You should have gotten something n the mail before this call. Has your wife gotten something and not told you? But not to worry even if they do put a lien on the house it does not have to be paid paid until the house is sold, but interest does continue to grow, but you are building equity so it should balance out.

Answer 10

Better get this dealt with... it's already affecting your credit rating, and you'll have a hard time buying another house, or a car. The guy sounded obviously rude... so you might want to call Discover or whoever took over this loan (i think they sell these to other agencies for collection) and find someone else who'll work with you. And get some financial counseling for your wife.

Answer 11

Please, stay off the phone. You need to send this company a debt validation letter IMMEDIATELY! By law if you ask for a validation of debt, they must provide this information to you before suing. To find out how to handle this go to the website below. This site has a wealth of valuable info. I wish I had this website before I allowed a creditor to place a judgment against me. Now I know how to handle nasty creditors with the law on my side.