pd off a collector 2 years ago and still harassing me what are my rights?

Question

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?

Answer 1

He's full of sh*t. If you produced proof that the debt was paid, I'd take Mr. Blue to small claims court for harassment and seek punitive damages yourself.

It'll only cost you around $50 to file a suit against him and the company for which he is collecting.

Serve him your Complaint and watch Mr. Blue shut the f*** up after that.

Good luck!

Answer 2

Write a letter to the collection agency saying that you are asserting your rights under the Fair Debt Collection Practices Act and you are demanding that they cease and desist all contact with you. Collectors cannot sue you, only the company they are calling on behalf of can do that.

Turn the tables on Mr. Blue. Tell him that a 6 month to a year investigation period is unacceptable. Offter him the same generous 48 hours that he offered you - in two days you are going to pull your credit report and, if their collection activity is on your report, you will file suit under the Fair Credit Reporting Act. Also, say that it is an outrage that you have had to pay $50 and two hours at the bank in order to prove that you did what you were supposed to do. Tell him that the $50 was to cover their error and not yours.

Another option would be for you to tell the guy, "look, I'm not going to give you the money no matter how many times you call me and no matter how threatening you are. Instead of wasting my time and your time, go ahead an sue me."

Answer 3

This jerk is a bully and laws were passed a decade or so ago against this sort of harassment. Take that check to the credit reporting agency in your town and be sure this is removed from your report. If the guy calls again, notify him he is not to call you and if he does, you will file charges against him. Collectors get a percentage of what they collect, so they'll try anything and assume everyone they talk to is a liar and deadbeat.

Answer 4

The collector's JOB is to LIE, CHEAT, and otherwise intimidate you into forking over money. NOTHING that comes out of their mouth is in any way related to 'facts' or 'truth'. Legal has nothing to do with it either. Short of sending evidence of payment by certified mail with a threat to sue, their is nothing that will shut them up. NEVER send anything to a collector without a WRITTEN agreement that payment of X amount by Y date is PAYMENT IN FULL. Then send a CASHIER'S check by CERTIFIED mail. Keep copies of both the written agreement and the check in you PERSONAL files FOREVER.

Answer 5

Simply Put, if anyone is threatening you or harassing you, you live in America. You have the right to file a lawsuit against anyone for anything. I might suggest putting a tape recorder on the phone to catch him harassing you. So you have proof to backup your statements.
Just make sure not to say anything that would go against you on the tape!!!

Answer 6

Let them waste their money researching and/or suing you. Until then, tell them you can not talk to them because legal proceedings have been threatend, and you can not speak to them until after court, and if they continue to harass you, they will be reported to your state attorney general.

If you have proof, you should be fine in court...let 'em sue.