I am in debt.lol. lent my card to the wrong person.
ANYWAY, I am attempting to not communicate with them for the 2 years so the statue of limitiation..bla bla can take effect.
My 2 years is almost up so they constantly call. I have changed my number and now i just keep tellin them "you have the wrong #", the last time they called, I told them to stop callin and find the right nuber, and the lady said
"unless u can give us a number for her ,we are going to call every day, of every month of every year"
what a *****!
So to me (even though i am the one their lookin for.lol) this is harassment no?, i mean, what if i actually was some poor lady getting all these calls.
What can i do to make them stop calling ?
2007-06-06
05:12:00
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12 answers
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asked by
Anonymous
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Business & Finance
➔ Other - Business & Finance
the reason i stopped my minumum payment is because i truly could not afford them. I have 5 children under 6. When i contacted the collection agency i told them that all i could pay was 5-10 bucks a month and they told me it wasnt good enough.
One lady that called (before i started lieing to them) told my friend who answered the phone how i was in debt and i'd better pay soon!
This pissed me off. the statue of limitiation says that if acompany can not get written aqnoledgment of the debt owed for 2 years that they can not legally take action.
I must say i am vengefull. Now they can go screw themselves , I did try, I am not a lazy user or fraud , to pay them but they told me it wasnt enough, wadda they want me to do pull the money out my ***?
2007-06-06
05:25:23 ·
update #1
To be afforded protection under the "Fair Debt Collection Practices Act," you must first meet certain requirements. (1) You must be a "consumer," and (2) the debt must be "consumer debt." A consumer is "any natural person obligated or allegedly obligated to pay any debt." Consumer debt is defined as "any obligation. . . of a consumer to pay money arising out of a transaction in which money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment."
A debt collector is defined as "any person . . . the principal interest of which is to collect any debts, or who regularly collects or attempts to collect, directly or indirectly, debt owed or due, or asserted to be owed or due to another." While there are some exemptions in the statute, this broad definition covers the majority of collectors, including collection agencies and attorneys.
If you are contacted by a debt collector concerning a consumer debt, there are some specific statutory requirements that the collector must follow. For example, within five days of the initial communication with the consumer, a debt collector must advise the debtor in writing of: (1) The amount of debt; and (2) the name of the creditor to whom the debt is owed.
You have 30 days from the receipt of the notice to dispute the validity of the debt, or any portion thereof, in writing, or the debt collector may assume the validity of the debt. If a consumer properly disputes the debt within the 30-day period, the collector must obtain verification of the debt and mail it to the consumer. Additionally, within the 30-day period, the debt collector must provide the consumer with the name and address of the original creditor, if different from the current creditor. Failure to send this notice in a timely manner can result in a violation of the Act and subject the collector to sanctions.
Certain types of abusive conduct are prohibited and regulated by the Act:
Communicating with the consumer in connection with collection of any debt at any unusual time or place. In the absence of knowledge of circumstances to the contrary, a creditor shall assume that a convenient time for communicating with a consumer is after 8:00 a.m. and before 9:00 p.m. You should not be receiving phone calls at midnight from your credit card company, or "King-Kong Collection Agency."
Contacting the consumer when the consumer is represented by an attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector, or unless the attorney first consents to direct communication with the consumer. Basically, if you have turned the problem over to your attorney, you should not be receiving phone calls from the collection agency.
Contacting a debtor at work after the collector has been advised not to phone the debtor at his or her place of employment. Once a consumer notifies a collector not to call them at work, further calls are prohibited.
Advising third parties (friends, relatives, employers) of the consumer's debt. A collection agency should not be defaming a consumer to third parties.
Harassing, oppressive, or abusive behavior. This is a broad category, and subject to broad interpretation.
Threatening criminal acts or violence. If a collector threatens to perform "impromptu dental surgery," rest assured that he is in violation of the Act.
Using profanity, obscenities, and/or abusive language.
Placing continuous phone calls intended to harass, annoy or abuse the consumer. At least one court has held that a collector immediately calling the debtor after debtor hung up the phone, constituted harassment.
Failure to identify oneself as a debt collector. Collectors may use a Adesk name@ to protect themselves individually, but they must disclose the name of their employer and the nature of the business.
Making deceptive, false or misleading misrepresentations. For example, mass-produced collection letters not reviewed by an attorney prior to mailing are considered false and deceptive.
Implying or stating that the collector is affiliated or connected with the government; falsely representing the character, amount or legal status of the debt. For instance, a collector cannot falsely represent himself as an IRS agent to frighten the consumer into paying the debt. (Please note that if it is IRS debt, it is probably not a consumer debt and not protected by the Act.)
Falsely implying the communication comes from an attorney or that a person is an attorney.
Threatening to send out false credit information.
Using language or symbols on envelopes that indicate that it is from a collection agency. (This includes sending postcards.)
If your life has been made more difficult by bill collectors utilizing unfair practices, keep in mind that you have rights that protect you from abusive or harassing collection behavior. Not only should you be able to stop some of the behaviors outlined above, but you may also be able to collect money damages from the collector for willful and repeated violations. The federal act allows for a recovery of $1,000 or actual damages and the state act allows for a $500 recovery or actual damages. Plaintiffs of successful lawsuits are often entitled to recover costs and reasonable attorneys= fees. In some circumstances, punitive damages are also recoverable.
Often, simply advising the collector that you are aware of the act and your rights under it will stop the harassment. If it doesn=t, you may want to save the messages and letters and keep a log in case you need to utilize the federal and state protections.
2007-06-06 05:30:22
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answer #1
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answered by help me 1
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Suposedly, if you just ask them to stop calling, they're supposed to.
HOWEVER, what you're doing is kinda crappy - IMO. You're dodging debt that is truly owed. So, you made an expensive mistake. Learn from it and own up to it.
This is the first I've heard of a 2 year statute of limitations... Bad credit follows you for 7-10 years.
As someone else said, you're likely to get sued for it, which is going to cost a LOT more than whatever you might owe. If I were you, I'd offer them half of the amount of the debt as a settlement and make payments on that.
2007-06-06 05:17:37
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answer #2
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answered by zippythejessi 7
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Well, you could pay what you owe.
Expect them to sue you as the 2 year deadline approaches, unless it's a very small amount. And if it's small, why not just pay it? Otherwise it'll stay on your credit report for another 5 years.
Surely you don't really think your "you have the wrong number" is a novel response they haven't heard people lie about before.
No, it's not harassment. It's a legitimate effort to collect a legitimate debt.
2007-06-06 05:17:20
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answer #3
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answered by Judy 7
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Pay the bills, or at least, make partial payments. Your credit is already ruined. The only way you could get out of it is/was to take the person to court who used the card. But, since you gave it to him/her, it is really hard to prove.
You "done wrong" and until it is "righted" they make call you. So, why can't you give them a contact number for the other person?
Talk to a consumers service for legal rights. You are going to have difficulties buying anything of value in the future: car, house, major appliances, etc.
Don't you have caller ID? Concerning the statute of limitations, where did you ever get the idea that non-communication relieves you of responsibililty? They have probably posted on credit services as well as in the newspaper....
2007-06-06 05:20:17
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answer #4
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answered by P J 3
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The only thing that will make them stop calling is to pay them. And if you think they will stop calling after 2 years, I think you're wrong. My husband was out of work for a few years and we got behind and bills went to collection. We have caller id and just don't answer if we don't recognize the number. They have called my parents and my husband's parents when they couldn't get a hold of us. Whoever you listed on your application as your closest family member not living with you will get calls if you don't talk to the creditors. I don't blame you for not wanting to talk to them. You can't reason with them but I can tell you they will call every day until you pay them.
2007-06-06 05:17:55
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answer #5
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answered by angela 6
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You want them to stop calling? Own up to what you did and pay the bill. Granted you say you didnt run the bill up but it was your responsibility to make sure the card was used correctly. You are ultimately responsible for the actions of the person that misused it because it is your card. Pay the bill and sue the person that misused it for the amount they charged.
2007-06-06 05:17:14
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answer #6
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answered by Anonymous
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That is harassment because they threatening people. Techincally they can't call you before 6am or after 9pm,if they do ask them what credit agency they belong to and report them for violation of consumer rights. About your debt message me,I think I can help you with that. Primerica
2007-06-06 05:22:07
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answer #7
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answered by Chris V 1
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To have a legal case you must notify them in writing. Send the letter certified mail and ensure it is delivered. If they refuse to pick it up, and they keep calling, you may have grounds for a small claims case against them anyway.
2016-05-18 00:45:14
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answer #8
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answered by ? 3
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yeah...they use skip tracers to find your new number...and it is against the law for them to harass the other lady...just dont answer the phone...let it go to voice mail unless you know the number...also put your number on the do not call list...but make payments...even if its five dollars a week....
2007-06-06 05:17:41
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answer #9
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answered by sharpie68 2
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I have found myself in a BIT!!! of debt. And i do the same thing you do. Try to avoid them.
I told my sister this once because she is in the same situation as us.
Tell them to F**K OFF!!!!!!!!!!!!!!!!!!!!!!!!
If they dont like that then stiff S**T
You have the power over them. Because you are able to just HANG UP.
2007-06-06 05:21:19
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answer #10
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answered by Anonymous
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