Hello,
I had a cc debt i stopped paying on 10 years ago for 5k, financial difficulties. They called for 3 month after my last payment, but every so once in awhile. i moved to a diffrent state. Now this last month i am getting calls on this demanding 7k for this card and now. I hung up the phone and that was the last time i talked to him in person. He calls from hear on out 3 times a day leaving messages a jail time, fraud ect. He even called my neighbors, relitives and even my grandma, leaving messages ect saying he has a pending law suit on me, or he tells them that i have a case filled agaist me. He left a message just last week telling me if i dont call him he is going to contact the IRS for fraud. I have all of the messages and my relitives to and i talked to a friend and he advised me to pull my credit, so i did and here is a 7k thing in collections for NC recoveries. I bought a house about 2.5 years ago and that was not on there nor the orginal. My fico droped 90pts.
2006-08-28 12:46:14 · 27 answers · asked by Anonymous in Business & Finance ➔ Credit
There is alot of inconsistent answers in here.
1) you cannot go to jail, he is Tring to mess with you..
2) you need to find a lawyer "consumer rights or financial" what i am seeing that you have a good case against him. Your debt was 10 years old and it fell off like 3 years ago from what you are telling me. here is what you can sue him...
1) threating jail time and calling and treating family and friends, while you have the voice mail recorded.
2) threating to take actions that he dose not attend to take
3) the biggest one is that they reactivated your debt. It fell off with your cc card and it was not on there when you bought your house. What they did is re report it on your credit report and thats a big big fine. do you have a copy of your credit report when you got a mortage, if not contact your mortage company and they will provide it to you.
I looks like they could owe you 5k-7k, get a lawyer now!
2006-08-28 14:43:36 · answer #1 · answered by sarah a 2 · 2⤊ 0⤋
mia2kl2002 sure does sound like a collection agent. Sure has all the lies down....
For starters, let me assure you that you are not going to jail or in trouble with the IRS. Totally empty threats.
From what you have said, how much of this can you document? You said you have "all of the messages"....in what form? Recordings? Letters from the collection agency?
From what you have just listed, if you can prove any of it you have an excellent lawsuit. It looks like at least 5-6 violations of the Fair Credit Reporting Act and the Fair Debt Collections Act. With a little more info I could probably find more.
You can sue these guys for each violation and get $1000 for each one.
So at this point, here are your options. If you simply want this to go away, you can send out some letters. They will have to completely stop communicating with you, and they will have to remove the listing from your credit report. If they don't, you can add two more violations to your list.
If you want to go after them.....contact a lawyer. Or you can do it yourself and file a small claims suit. It's very easy to do, and if you can document what you just told me you should easily get $5000+ from them.
I am not a lawyer or credit counsoler, just someone who likes to make collection agent's life miserable. If you need more help or advice, contact me.
But for now, read the links I've supplied below.
And whatever you do....quit worrying. If this debt is as old as you claim, and you haven't paid on it for several years, it's over the statute of limitations and they can't touch you.
2006-08-29 06:31:12 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Your very first move now, contact, and continue to contact, the Federal Trade Commission, about these people, re: something called the fair credit reporting act that also deals with debt collection scruples as well as federal laws. These people are so far out of line, they could draw jail time.
Basically, when they hear FTC, is on them they will run ! if they have any sense at all.
Write them a letter and in strong words, tell them not to contact you by telephone ever again. You consider it overbearing harrassment, and it is disrupting your family life. Write that they must put all requests in writing from now on.
Then ask them to put the IRS threats in writing, say that your regional IRS representative has asked to see this. Write, ask him to view it.
If this does not help, get his address and haul him into a local small claims court by supeona or file an action against him if you are in the same town, he can't legally do what he is doing, and the Federal Trade Commission will come down on him hard!
Make them aware.
2006-08-28 14:01:10 · answer #3 · answered by The Advocate 4 · 0⤊ 0⤋
1st of all he cant throw you in jail--Hes using a scare tatic to get you to pay---The next time he calls ask whats his number so you can call him back about this because you are not in the posistion to talk now and be ready to give an answer why in case he ask (dont volunteer an answer) at this point get an appointment with a bankruptcy lawyer and give him the details and phone # they will only charge you a small portion to put a stop to these crooks and the calls ans harassment should stop immediately if the lawyer is doing his job///the lawyer fee will be after the case is settled not before so you may want to check more than one lawyer// Good luck and you can tell these people to kiss your grits or you'll turn them into the District Attornety's office///
2006-08-28 13:02:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You may have grounds for a lawsuit for violation of the Fair Debt Collection Practices Act.
At a minimum, you should probably avoid any further communications with that collector with one exception. Send a "Cease and Desist All Contact" letter to the collector.
This appears to be an old debt. This article explains why they are calling you all of a sudden.
2006-08-28 13:52:26 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Completely illegal
Most states have a statue of 3yrs from the last payment for credit card debt.
If you send one penny that statue starts up again so do not even talk about sending any payment.
If he calls again tell him He is "Harassing" you. Make sure you use the word harassing.
I would advise getting a tape recorder and tell him "This call is now being taped for your protection and mine". Get that on tape and ask him about calling family members and him sending you to jail and he will probably hang up and never bother you again.
2006-08-28 12:57:33 · answer #6 · answered by Andy S 2 · 1⤊ 0⤋
They can't threaten you with jail time.
His action is "extortion" - There is no such thing in the
us as debtor's prison.
Only the court system can threaten you with jail time.
If you commited a CRIME for this debt, i.e. some ACTUAL type of fraud, then you might be found guilty of that, but from what you're saying, that doesn't seem to be the case.
Have you received anything in the MAIL from them?
You can send a cease & decist letter to them in writing.
BTW, don't feel bad.
In 1988 (yes, 1988) i bought a membership to "jack lallane" (ballys / golds gym / la fitness type place)
Part of the contract is that, if I were to move to somewhere that there is no club within 50 miles of, I can cancel the membership.
I moved to ormond beach, FLORIDA (use zip code 32174)
the closest club is in winterpark, FL (32792) .
That club is 62 miles away.
To this DAY, they STILL call me.
My father (who has been dead for 3 years) cell phone company still calls me about him, even though I have provided them with a death certificate.
2006-08-28 12:54:45 · answer #7 · answered by A N 3 · 1⤊ 0⤋
First the only thing a debt collector can do is call you. If they are unable to collect on the debt then they will turn it over to a lawyer and then they will sue you for outstanding debt. If they win and they will then they will garnish your wages. They can garner almost your entire paycheck. (sad but true) until the debt is paid off. There is not a judge on the bench that will put you in jail if you can make payment arrangements. Jail is for drug addicts and other felones.. Next time they call try to work out a solution. If they threaten you with jail ask them if they're a judge? Tell them to **** off until they can talk in a professsional manner. Good luck
2006-08-28 12:59:34 · answer #8 · answered by hth_wtf_st_louis 2 · 0⤊ 1⤋
Save the recordings. Contact an attorney. Normally an attorney that specializes in bankruptcy will be able to help you. They have violated the FCRA and you are entitled to damages. Do not send them a dime. If you do, then it can appear on your credit report for another 7 years. Their is no such place as a debtor's prison, and you can't go to jail for not paying a debt. Contact the credit bureau and advise them that there has been no activity on the account (you haven't paid a dime) in 10 years. It has to come off, or you have another suit. Advise them by certified mail. No big deal. You need to get his name and address, and send him a cease and desist letter (certified) demanding that he stop contacting you by phone, mail or otherwise. Basically tell him to go "f" himself. He can't even sue you in court after 4 years (depends on where you live). This jerk needs to be put in his place. If you are in Texas, email me, and I will file the suit for you for the filing fee.
2006-08-28 12:56:41 · answer #9 · answered by DallasGuy 3 · 1⤊ 0⤋
I'd sue for harassment...if you haven't paid in over 10 years(assuming they don't have a judgement), it's past statute of limitations and its uncollectible, doesn't matter why you didn't pay
the IRS has no jurisdiction in this matter whatsoever
regardless of judgement, tell him to stop calling and send a certified letter saying so also...if he continues to call anyone (you or related to you) file a complaint with the FTC and whoever regulates collections licensing in NC, then if he calls again, sue for harassment(regarless of judgement)
Fair Debt Collections Practices Act (FDCPA) regulates this...if he's a professional, he'll know the initials quite well
2006-08-28 12:51:38 · answer #10 · answered by Dwight D J 5 · 2⤊ 0⤋