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I keep getting calls from the same creditor who is looking for someone with the same name as mine, but it's not me. Our birthdates and addresses are different. I've informed the creditor we are not the same people and to not call back, but they continue to call at least 15 times per week. Can I legally sue for harassment?

2007-03-10 01:23:29 · 11 answers · asked by nickhoops2002 2 in Politics & Government Law & Ethics

11 answers

Most ppl don't realize that it is your legal right to not be harassed by creditors, even if it was your creditor.

All you have to do is tell them not to call again. Sometimes this must be done in writing so the next time they call, get their address. When you send the letter, make sure to send it certified.

If they continue, you can actually go to the police and have them charged with harassment...

2007-03-10 16:31:30 · answer #1 · answered by BeachBum 7 · 0 0

Yes you can sue, but normally you can get this type of issue resolved with a Letter from an Attorney. If you need an Attorney, try the site below. This is the most affordable and effective way to get access to your legal rights. Also make sure to put your number on the Do Not Call List. Hope this helps.

2007-03-10 09:45:40 · answer #2 · answered by citronge69 4 · 0 0

There are several things you can do.

This is a violation of the Federal Fair Debt Collection Practice Act of l979. The violation in this case would be called "allowing a telephone to ring unnecessarily" - since you are not the party they are looking for and they are not calling him - they are calling you!

The penalty can be a fine up to $1,000.00 per violation.

You can send a Certified letter to them insisting that they stop and send a copy of your letter to your States Attorney General and you can also inform your telephone company not to allow any more calls from their number!

Good Luck!

2007-03-10 09:31:06 · answer #3 · answered by Anonymous · 1 0

See if you can squeeze a mailing address out of them somehow. You need to send these people a letter, certified mail return-receipt, informing them that you're not the person they're looking for and that if they persist in harassing you then you'll pursue legal action against them. Usually the threat of a lawsuit is enough. Don't bother telling them over the phone though; it's pointless.

2007-03-10 09:28:15 · answer #4 · answered by Anonymous · 0 1

When they call again, ask for their information (name of agency, phone number, address, and manager's name and phone number).

Then write a letter stating that you are not so-and-so and that no such person is known to you nor lives at that address. Send it by registered mail and keep a copy. THEN if they keep on harrassing you you'll have a basis on which to lodge a formal complaint to whatever agency governs the credit collections agencies in your area.

They are regulated by law, so no you can't take them to court but you can get the law to force them to stop contacting you.

2007-03-10 09:27:56 · answer #5 · answered by charmedchiclet 5 · 0 1

Tell him you want his company contact information. Then write a certified letter to him advising you are the wrong person and address that you have told them a number of times and demand they stop contacting you. Carbon copy the better business bureau and then check your credit report to verify this company is not listing a defaulted charge against you.

2007-03-10 09:27:03 · answer #6 · answered by jerry 5 · 2 1

Perhaps all it will take is the threat of a lawsuit to get him to stop.

Or report it to your phone company. They used to have a number to call to report harrassing phone calls. I don't know if they care anymore, though.

2007-03-10 09:33:52 · answer #7 · answered by Anonymous · 0 0

File a case for unjust vexation due to repetitive calls made by the creditor so that the court will order him to stop.

2007-03-10 09:29:33 · answer #8 · answered by FRAGINAL, JTM 7 · 0 2

yes get the number and ask for supervisor give your date of birth last four digits of S.S # and tell them you will take to court if this continues also send registered letter stating what you tell them on the phone make a copy to keep so you have proof if they do take you to court over this mistaken identity thing

2007-03-10 09:29:16 · answer #9 · answered by Anonymous · 0 1

Call your phone company and register a complaint.

2007-03-10 09:29:25 · answer #10 · answered by Granny 1 7 · 0 0

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