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Dealing With Harassing Phone Calls From Creditors

Aug 16th 2010 at 11:24 PM

The following is an e-mail from one of our subscribers:

O.K. I suppose you have heard from people who are skeptical of this..but I am at a point where I need help. Citicorp has not only called my daughter but has discussed my account with her. To me this is unacceptable.

They told her there is a warrant for my arrest… and I must call them for a court date.

Is this something you have advice to handle?

Please understand that I am in need of help but do not want to go to jail. I am a senior citizen on a fixed income with a small business that is failing. I need some relief. Thanks XXXXX

My response:

First of all, not paying your creditors is a civil matter and not a criminal matter. You cannot go to jail for not paying your debt. If your creditors are threatening you or your family members with jail time, they are clearly in violation of the Fair Debt Collection Practices Act.

There are several things you can do to stop this harassment. Included in our course is a “Cease Calls” letter that will usually stop the phone calls. If they do not stop, this is a further violation of the FDCP Act and can be used to build a case against them.

Senior citizens seem to be the most frequent victims of these illegal and vicious attacks because they are usually not aware of their rights and less likely to retaliate. The collectors know this and take a calculated risk when making these threats. The best thing you can do is file a complaint with the Attorney General in your state. We show you how to do that in our course.

Here is what the creator of the course had to say when I forwarded your e-mail to him:

“In this case, clearly there are violations for which there can be several claims and penalties. A factual record needs to be made of each event, including names, dates, etc. Then we can act on it.”

Please begin keeping a “phone log” of any calls you receive from this agency. If you can, enter the dates and circumstances of previous calls. Collectors are required to give their names and the company they are working for when calling to collect a debt. Make sure you get their full name and address before proceeding with the script included in the package.

Below I have included the portion of the Fair Debt Collections Act that your creditor has violated. Pay close attention to (4) and (5).

§ 807. False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following
conduct is a violation of this section:

(1) The false representation or implication that the debt collector is
vouched for, bonded by, or affiliated with the United States or any State,
including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of –

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received
by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an
attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will
result in the arrest or imprisonment of any person or the seizure,
garnishment, attachment, or sale of any property or wages of any person
unless such action is lawful and the debt collector or creditor intends to
take such action.

(5) The threat to take any action that cannot legally be taken or that is
not intended to be taken.

(6) The false representation or implication that a sale, referral, or
other transfer of any interest in a debt shall cause the consumer to –

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

 

2 comments
Please to comment
Aug 17th 2010 at 8:42 PM by duckydks
Yikes! No real debt collection problems now, but we had a student loan servicing company that was REALLY a pain many years ago. The wierd thing was, we had paid off the debt. Finally had to get help from our State Attorney General.
   
Aug 17th 2010 at 7:56 PM by rlmanning
This is great!! information. Thanks i will be following you for sure. Have a great! week. Randy Manning
   

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