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Under USC 1692(c), you can notify a debt collector to cease communications or collections. You should do that certified mail, return receipt requested, since debt collectors lie. That way you have documented evidence to use against them.
After receipt, they can contact you once more to state their intent (cease collection, file suit, or whatever), but cannot make any attempt to collect.
Junk debt buyers will often purchase debt that is out of statute. In other words, the statute of limitations has expired, and no legal action can be taken to collect the debt.
Now that you've provided more information, my recommendation would be to obtain a copy of your credit report, to see who is reporting what.
If the debt isn't reported, there's a strong likelihood that the debt is out of statute. You can sue for that. I had a falling out with a landlord, and left, and later had a debt collector attempt to collect the remaining four months of the lease. Under Ohio law, that's a UCC contract and the statute of limitations is 4 years, plus Ohio statutes of limitations are also statutes of repose, so not only can they not take legal action, there is no debt to collect as it is null and void. I sent a demand letter for $3200 for violating the FDCPA and Ohio Consumer Sales Protection Act, and they sent me a check for $1700. It isn't hard at all.
I had someone try to collect on an old phone bill from 16 years ago when I was a student at Miami U. I got $2000 out of that.
Anytime you apply for credit, or there is a change in your credit status, debt collectors get notified by email. This often happens when people apply for a mortgage. If you can afford a mortgage, you can afford to pay a debt from a collector's POV.
Anyway, they'll pull your credit report and get updated telephone and address information to contact you.
The next one that calls, try telling them you only respond to written communications and see what happens. I understand it's aggravating, but without more information on the origin of the debt, there's little you can do.
Are you sure it isn't from a relative or family member or old gf/bf who used your info to open a credit account? Get a copy of your credit report and check it.
I checked my credit report about six months ago for this very reason and found nothing suspicious. My experience with these calls actually started about five years ago (aksing for many different people, none of whom I have ever heard of), on a landline phone number in south florida. When I moved from that address two years ago, I made the mistake of having bellsouth provide a new number when anyone tried to call the old one. The new number I left was my cell phone. While I don't get the calls for all those other people anymore, I do get calls for this particular person on my cell. (prior to leaving my cell number as my "new number", I had never gotten collection calls on my cell).
Anyhow, I have no reason to believe anyone would be using my information. I do share the same "last" name with this person they are seeking, but that is all. How the original creditor got my number is beyond me. Maybe the person they are seeking pulled it out of the phone book.
As I said before, I have gone the 'cease and desist' route on one agency already. But this never ends. I just don't understand why I've had over a dozen agencies trying to collect for this one person. Can the original creditor sell the debt to multiple junk debt collectors? If I could find out who is giving the number out, maybe I could stop them. It's a mess, I'll probably just change my number as soon as I'm in a position to do so.
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,758,986 times
Reputation: 3587
Quote:
Originally Posted by David674UT
At least I have caller ID and if it says unknown or private,I don't answer
As a supplement to that, we have what is called a "ghost number" which is a 2nd phone number on the main like that rings our home phones differently than the main number. It never shows up on a caller id when we call somebody- only our main listed number does. That is the "friends and family" number. The main number which is listed usually goes to voice mail. The phone co only charges $3.50 a month for it and it is great way to keep folks off your phone!
I checked my credit report about six months ago for this very reason and found nothing suspicious. My experience with these calls actually started about five years ago (aksing for many different people, none of whom I have ever heard of), on a landline phone number in south florida. When I moved from that address two years ago, I made the mistake of having bellsouth provide a new number when anyone tried to call the old one. The new number I left was my cell phone. While I don't get the calls for all those other people anymore, I do get calls for this particular person on my cell. (prior to leaving my cell number as my "new number", I had never gotten collection calls on my cell).
Anyhow, I have no reason to believe anyone would be using my information. I do share the same "last" name with this person they are seeking, but that is all. How the original creditor got my number is beyond me. Maybe the person they are seeking pulled it out of the phone book.
As I said before, I have gone the 'cease and desist' route on one agency already. But this never ends. I just don't understand why I've had over a dozen agencies trying to collect for this one person. Can the original creditor sell the debt to multiple junk debt collectors? If I could find out who is giving the number out, maybe I could stop them. It's a mess, I'll probably just change my number as soon as I'm in a position to do so.
If this collection agency has violated an order to cease and desist from you.....SUE THEM!
They have violated the FDCPA (Fair Debt Collection Practices Act) and you can sue them. Make sure that you are documenting everything. If you sned them a cease and desist letter make certain that you send it via certified mail with return receipt requested. Document (and record if its legal in your state) their phone calls and use it against them in court. You are entitled to $1000 per violation if you win your case.
These companies are typically boiler room operations with no scruples - treat them with the same regard with which they are treating you. The only thing that they will understand is a direct threat to their wallet
The people calling you are the scum third party debt collectors that buy bad debt for penny's on the dollar and then try to collect from anybody they can hound into paying.
The best thing you can do is...... DON"T answer the phone when they call nor do you EVER return their calls. (If you answer the phone or return call you establish a "relationship" which allows them to keep calling for damn ever! ) Then report them for harassment to your states attorneys office.
Lasty don't believe a word they say and if (God forbid) they get a judgement against you for a debt that's not your or for another person DON"T ignore it. (Yes, these scum do this) Get a lawyer pronto!!!!!!!!!!!!!
Good luck. It took me two years to stop the calls to my house and lawsuit from our states attorney to stop the bastards that were calling me!
Those evil bill collectors! How dare they??
Of course, usually when you have bill collectors hounding you, it's because YOU don't pay your bills or YOU took on loans that you then failed to pay back... just saying...
Of course you're the "innocent victim" right? Usually, when you have bill collectors calling you, it's because you have failed your promise of repaying money that you borrowed from someone.
It never fails to amaze me how people become so indignant when faced with the consequences of their own irresponsibility.
There are times when a company is attempting to collect a debt that a person does not owe to them.
Several years ago a collection agency was attempting to collect on a ten year old medical bill which I had already paid in full. Luckily, I keep copies of bills and canceled checks so I was able to fax copies (followed up with certified mail) over to these scumbags along with a strongly worded cease and desist order with an intent to sue. They were done.
Had I not been able to prove proof to these scum, they could have possibly started to report this "debt" on my credit reports and I would have had to fight to get it removed.
Every situation is different and you can not judge everyone with the same broad brush.
Of course, usually when you have bill collectors hounding you, it's because YOU don't pay your bills or YOU took on loans that you then failed to pay back... just saying...
Ambient, are you really as naive as you sound? Or are you just really bad at sarcasm?
If this collection agency has violated an order to cease and desist from you.....SUE THEM!
They have violated the FDCPA (Fair Debt Collection Practices Act) and you can sue them. Make sure that you are documenting everything. If you sned them a cease and desist letter make certain that you send it via certified mail with return receipt requested. Document (and record if its legal in your state) their phone calls and use it against them in court. You are entitled to $1000 per violation if you win your case.
These companies are typically boiler room operations with no scruples - treat them with the same regard with which they are treating you. The only thing that they will understand is a direct threat to their wallet
None of them have violated a c&d letter, did I give that impression?
As a supplement to that, we have what is called a "ghost number" which is a 2nd phone number on the main like that rings our home phones differently than the main number. It never shows up on a caller id when we call somebody- only our main listed number does. That is the "friends and family" number. The main number which is listed usually goes to voice mail. The phone co only charges $3.50 a month for it and it is great way to keep folks off your phone!
I have caller id as well, but it's my understanding that there is a possibility that ignoring these unwanted collection agency calls can actually lead to bigger problems...such as the agency doing a soft pull on your credit report....something I don't need. I figure the quicker I get rid of them, the better.
Ambient, are you really as naive as you sound? Or are you just really bad at sarcasm?
I think the answer to that question is "yes".
When we moved into our current house, the phone number Qwest gave us had belonged to a certain lady. For about a year we got automated calls for that lady from a certain debt collector. These calls have since stopped but I appreciate the advice from the folks on this thread just in case.
What's even more fun is when the nice sheriff's deputy shows up at your front door because the guy who rented the place before you did had an outstanding warrant for passing bad checks, and the townhouse was the last address the SO had on the man.
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