I am sitting here very ticked off. I got a call from a collector demanding payment from a account that i pd them 2 years ago. I told this guy that and he laughed, he then told me i have 2 days to come up with a canced check or else they will move on with legal action. i went to the bank i used and 50 dollars later provided me the check front and back showing that it was cashed. I faxed a copy to this guy "mr. Blue" as he called himself. I called him back to confirm he got this fax, he then told me he did but it will take a good 6months to a year to investage this then to show it is paid. He did mentioned that if this is a fake document they will find out in 48hrs and then take me to court. With them threating me with court action can i file a suit against them? what are my rights?
2007-03-01 10:55:58 · 9 answers · asked by dan p 1 in Business & Finance ➔ Credit
I hate to say this, but they were fishing and it looks like they got what they wanted.
You sent them a copy of the check so now they have two things that could very well damage you - they have your bank account number and they have your signature.
Collection agencies have been known to put freezes on bank accounts without any court documents.
Your signature could end up on documents, claiming you owe them money, that you never signed.
Both of those have happened to people before and will happen to others again.
I would suggest that you close that bank account and reopen a new one, preferably in a different bank.
As for any documents that your signature magically appears on, you would just have to wait and see if they try to use them against you.
Threatening to file a law suit - without any intention in doing so - is illegal.
Unfortunately, if you have no way to prove it, you have no way to prosecute. IF you decide to tape any calls, you need to learn your states taping laws or you can find yourself in hotter water then the collector.
Do not !! send a copy of that check to the credit bureaus as one poster suggested. That will only cement the account to your reports.
That collector has 5 days from the first time he called to send you a letter by USPS. If he doesn't - that is a violation.
Wait the 5 days and then send the collection agency a DV (debt validation letter - not a verification letter) Include in the letter that you are requesting no calls are made to you at your place of employment or your home as it is inconvenient to you. (inconvenient is the word of choice by the FTC) and that any further communication from them to you must be done by the USPS.
Do not sign the DV, initial only or just type your name. Send it CMRRR (certified mail return receipt requested)
When you get the green card back, file a dispute with the credit bureaus if they are reporting the account inaccurately.
Do not speak with them on the phone again, they have ways of screwing peoples words around to suit themselves.
After you receive a response or after 35 days, whichever comes first, since you have paid the debt and have proof, send them a full cease and desist including a statement that the debt is paid.
If they continue to violate at any time, by their letters, phone calls, the way they report with the credit bureaus, file complaints with the BBB, FTC, your states AG and their states AG.
Keep a detailed papertrail of everything from the phone calls to copies of every letter you write.
If you remember, accurately, the details, the date, the time of the phone calls, write down everything about it. If you do not recall "exactly" what was said, do not fudge it and just throw something in there. Chances are "they" recorded the call and if you fudge your accounting of it and IF they, or you, do end up suing, that recording will put you in a bad light to the judge.
Look on my profile and click on some of the links, to the FDCPA, the FCRA, etc. Learn what constitutes violations.
2007-03-01 23:27:44 · answer #1 · answered by echo 7 · 1⤊ 0⤋
Send them by certified mail a copy of the check & a letter stating that they are in violation of the Federal Fair Debt Collection Practices Act & that if they do not immediately cease & desist all attempts to collect this debt, you will sue them into oblivion for harassment. This is all competely true. You are well within your rights to sue a company for this type of harassment. Tell them that you are prepared to seek every remedy under the law. My bet is that they will suddenly find the record of you having paid the debt 2yrs ago. This is the way the a**holes operate.
Btw, collectors are scum. They will probably sell this debt to some other scummy collector, who will try to collect again, so save that cancelled check FOREVER!
2007-03-01 19:03:52 · answer #2 · answered by Tom's Mom 4 · 1⤊ 0⤋
Record ever call with collectors. They usually threaten something improper and you can sue them for violation of the Fair Debt Collection Act.
Send copy of check to credit agencies and dispute the debt and ask that it be shown as paid in full.
You can probably file suit in Justice Court yourself for like $70. It will cost them to defend and they would probably offer to pay you to go away. But search online for what you have to put in a Notice letter to them regarding violations of the FDCA.
2007-03-01 19:06:50 · answer #3 · answered by gamblerhd 2 · 0⤊ 0⤋
BAd bad bad advice- sorry guys but that is not what you do.
Send a certified DV letter demanding they stop contacting you and requesting validation of the debt.
They probably owe you money now and if they reported anything incorrectly on your reports you could make them pay.
http://www.ficoboost.com is a team of professional lawyers who specialize in this sort of thing
and they are very affordable- they can help you within 24 hrs for like $35
2007-03-01 19:02:46 · answer #4 · answered by bordercenturion 2 · 2⤊ 1⤋
You can only sue for damages and at this stage you have none.
What you should have done is got it in writing when you paid them off that you paid them off.
Disregard all threats from collection agents unless they make sense. Otherwise they are just threats to scare you.
2007-03-01 19:01:53 · answer #5 · answered by hebb 6 · 1⤊ 1⤋
Next time tell them they can talk to your lawyer, get an answering machine and monitr your calls.
2007-03-01 19:00:27 · answer #6 · answered by Mary O 6 · 0⤊ 0⤋
take them to small claims court. i bet they settle this crap very fast after they get a court order to come to court!!!
2007-03-01 19:00:37 · answer #7 · answered by george 2 6 · 0⤊ 0⤋
Just quit taking those calls. Don't you have caller id?
2007-03-01 18:59:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
LAUGH WITH THEM AND TELL THEM TO VERIFY YOUR RECEIPTS......
AND TELL THEM NOT TO CALL YOU AGAIN
OR DEAL WITH YOUR ATTORNEY..
YOU CAN NOTIFY STATE ATTORNEY GENERALS OFFICE AND FILE A REPORT MEANWHILE.
MANY PEOPLE TRY TO INTIMIDATE PEOPLE INTO PAYING MONEY THEY DON'T OWE..
2007-03-01 19:23:38 · answer #9 · answered by cork 7 · 1⤊ 0⤋