Without her permission, a collection agency harassed my wife's parents, threatening legal action against my wife and discussing her debt issues with them. After then being told not to talk to them, they continued to call her parents about it.
We have no recorded conversations or messages, just the testimony of her two parents.
We are now being sued for the credit card debt, could we counter with legal action of our own?
2007-08-03 08:27:23 · 5 answers · asked by jumbo lopez 1 in Business & Finance ➔ Credit
The collection agency did violate the FDCPA by speaking with her parents
§ 805. Communication in connection with debt collection [15 USC 1692c]
(b) COMMUNICATION WITH THIRD PARTIES................
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805
The collector cannot be held liable through the FDCPA for violating a "verbal" C&D, if she or her parents failed to send a C&D "in writing" telling them to cease contacting her parents.
If she or her parents notified the collector to C&D in writing, then she could go after them for that violation also.
Yes - she can file counters for ANY and EVERY violation they have committed.
She should get a notorized statement/affidavit from her parents concerning the phone calls. Specifying how often the collector called, what was said, etc., etc.
A "few" other things to look for that may be useful in filing counters -
Look over her credit reports for "any" violations the collector is reporting.
If she is past the legal collecting SOL for her state. (before the date that they filed the suit)
If they had violated any state statutes (never overlook states statutes, they often have more teeth to them than federal laws)
If they are not licensed and/or bonded IF your state requires it.
You should do as much reading as you can in the FDCPA, FCRA, also look through the FDCPA and FCRA staff opinion letters (and she might cite a letter if it will help), your states credit/debt statutes (she should cite any law that backs up her counters) AND you need to use your states rules of civil procedures when answering the suit and filing counters.
You should also try to find case law to back up her counters.
Generally try to find case law from your state first before citing case law from other states.
FDCPA Staff Opinion Letters
http://www.ftc.gov/os/statutes/fdcpa/letters.shtm
FCRA Staff Opinion Letters
http://www.ftc.gov/os/statutes/fcra/index.shtm
You might click on my profile and do some reading in the "last" link listed.
It is a free credit discussion board where you will may find quite a lot of the info that you are looking for to help you in writing up her answer and filing counters. You can also ask any questions you might have on there.
If she has quite a few counters, she may be able to talk an lawyer into taking her case on a contingency basis. The lawyer should request the court that the collector pay his/her fees if your wife wins her counters.
If she gets a lawyer, be sure it is a lawyer that is well versed in consumer laws. Many lawyers will give a free first consult, ask about that if she calls.
Even if she gets a lawyer, you and she should still be as informed as you both can be on the federal and state laws.
Generally lawyers and judges are very knowledgable, but many times the informed debtor will know things that the lawyer or judge does not know - yes it does happen since there are so many laws, they cannot know everything.
2007-08-03 11:13:09 · answer #1 · answered by echo 7 · 0⤊ 0⤋
You must talk to the company and set up a payment schedule. $5 per month is not likely to happen if the debt is still with the credit card company. If it has been sold to a debt collection agency you might get by with that and of course there will be no more late payment fees or interest added. You MUST talk to the card company, if you have no income then there is no point in their continuing to keep you on their books. They will close your account of course and you will have bad or worse credit rating than you already have but I repeat you must talk to them. Don't talk to the poor schlep who calls you from their collection desk. Write to the company, explain your financial situation, if you can make a lump payment chances are they will accept just the amount of the debt and will write off the interest and penalties you have accrued. You can also inform them to stop contacting you but you must do it in writing.
2016-05-17 09:29:16 · answer #2 · answered by ruth 3 · 0⤊ 0⤋
Yes, absolutely, the collector should not have discussed the debt itself with anyone else. However! The Federal law only applies to debt collectors, which is defined as people who collect a debt due to SOMEONE ELSE. It does not apply to a person collecting a debt due to himself--which means that if you owe Citicard, Citicard is not covered by the Federal law and so it can do things a debt collector can't. You should also look into state laws, because some states, such as Maryland, regulate debt collection practices by anyone, including the creditor and the debt collection agency both.
2007-08-03 09:48:18 · answer #3 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
I would go to www.creditinfocenter.com they have tons of info on that subject. You can always tell the company to "cease and desist". From what I understand once those words are said by law they are not allowed to contact you any further. I am not an atty. but have heard that in the past. Hope that helps. Good Luck!
2007-08-03 08:41:44 · answer #4 · answered by TMS 1 · 2⤊ 1⤋
yes.Put it in writting to them to stop calling your parents and make sure you do it with return receipt requested
2007-08-03 08:34:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋