Debt collector sued for calling woman after debt was paid Southeast Texas Record
PLANO - A Plano woman is suing a collection agency for continuing to call her after she paid off the debt.
Becky Pratt filed suit against I.C. Systems Inc. on Aug. 15 on Eastern District of Texas, Plano Division.
According to the allegations, Pratt started receiving collection calls from the defendant in May. Shortly thereafter, she received a letter stating that the defendant would be collecting a debt allegedly owed to a doctor. A few days later, the defendant called and requested certain identifying information including the plaintiff's Social Security number and address.
Pratt states she refused to release this information and requested that the defendant stop calling. She claims the calls continued, sometimes as many as three times per day.
She says she paid off the account in full with the original creditor, but the collection calls and letters continue.
The defendant is accused of violating the Fair Debt Collection Practices Act by harassing,
Debt Collector Harassment
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How many telephone calls per day from a debt collector is considered harassment?
I have a debt collector calling me several times a day. I don't even answer my phone at all any more......I let the answering machine get it. I have explained to them that I cannot afford to pay them off but they still harass me. I can bring charges against them if I know how many calls per day is considered harassment.
Below is the actual law from the Fair Debt Collections Act. Obviously, they are not allowed to repeated call you.
The question is what is an "acceptable" number of calls.
Many collection agencies belong to trade groups or associations that publish a set of "guidelines" that their members must follow. This includes a guideline that sets the number of calls each day. The one I looked over said no more then 3, but each group seems to vary.
If you want to go after these guys here is how you do it.
File a small claims suit for violation of the FDCA act. As part of your complaint, file a motion for disclosure of their association guidelines. They will have a very difficult time defending themselves once this info is presented.
But for now, just send them a cease and desist letter. Inform them not to call you again. If they do, then you have yet another violation to add to the collection. Each one will get you $1000, and small claims suits are very easy to file.
Once they get the letter they must stop. If they do contact you again they are subject to FDCPA violations which you can sue them in court for $1000 per violation.
Now the debt will not go away. Also, if it gets transfered to another Collection Agency you need to do the same thing for the new company. The following link has a sample letter if you want to have them stop contacting you.
Debt Collector Harassment Cases?
Is anyone aware of a case where a person was harassed to the point of suicide and the Debt Collector was Sued by the victim's family? Is this common? What is LE's involvement in Debt Collection?
No this is not common.
You have to prove that the debt collector's actions caused the suicide.
The contra party will likely claim that the person was under heavy stress over the debts, and will seek to subpoena medical records to see if there was ever a history of mental illness, including depression, etc.
I think that will be a very difficult case to prove.
Consult a personal injury lawyer for legal advice.
debt collector harassment?
So heres my very long story..
The phone rings.. caller id read: KCA financial services
Answered it and the man asked for John Doe (screened for personal protection). I told them that John Doe does not live here and he has the wrong number. But after that second it dawned on me that John Doe was my moms exboyfriend; strange, but i didnt think much of it. Then he proceeded to ask me for my mother.. but he referred to her first and last name of course. I then asked "what is this in regards to?" and it seemed as soon as i asked that it switched a little trigger inside of him to burst...
me: whats this in regards to? (no attitude what so ever)
him: just give the phone to "moms name"
me: excuse me?.....
him: you heard me...
me: *laugh of confusion* is this a joke?
him: (voice gets louder) NO. give the phone to kathleen.. i dont have time to talk to a child (mind you im 22)
me: wtf did you say? (after this im really pissed off)
him: you heard me
me: well you know what your not gunna talk to her
him: GIVE THE PHONE TO "MOMS NAME"
me: uhh.. no (attitude.. sorta started to push him buttons)
him: dont you have school to go to? these children dont have any education these days.. why dont you get off your playstation games and go to school and give the phone to "moms name"
me: wtf.. fuck you fucking asshole!! you dont fucking know me bitch!
him: ooh wow.. you think your so bad cuz you can cuss at me now? what kind of education did you get! give the phone to "moms name"
me: you think im really gunna give you what you want after treating me like this? well fuck you
him: ok well i can call you all day then if thats what you want
*click*
i clicked by the way.. honestly.. he never said like.. hi this is so n so calling from so n so n i need to talk with so n so.. so from the get go.. i immediately thought it was some prank caller or some asshole friend of my moms.. And yea i cussed alot but ill be honest and say when someone sets me off for no reason at all i become SUPPPER angry and verbal.
So honestly, what did i do wrong? was he really supposed to talk to me in that way? I wish i had it on recording..
so after that i called my mom almost crying i was so angry asking her who this guy was and she was mad as well asking for the number cuz she had no clue what it was.. she called the guy n pretty much i guess what was said was..to my knowledge..
him: hello?
mom: yea are you the one thats threatening my daughter and constantly calling the house? (btw he called me more then a few times too.. i didnt tell you guys before i clicked on him a couple times)
him: your daughter has NO education!! (he apparently started screaming to my mom about my attitude haha)
mom: wait a minute.. well you got me on the phone so why dont you tell me what you want now?
him: (continues to yell about me and my attitude and how im a child)
mom: first of all (mom starts to lose her cool) she is no child, she is an adult!
him: well your daughter is not educated.. she should be at school not at home playing video games!
mom: fuck you !!!
him: ooh i see where she learns things from
mom: ya damn right!! now wtf do you want from me? didnt we already tell you that John Doe does not LIVE HERE!
him: oh well.... *pause* YOUR DAUGHTER HAS NO EDUCATION.. (bleh bleh.. he didnt even care about the situation of collecting john does money.. he wouldnt get off the topic of MY attitude haha)
so theres my story.. hope it was somewhat entertaining.. and i hope there are any of you that can help
thanks
jessica
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
-----------------------
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations
Who do report debt collector agencies too for harassment phone calls.?
Who do you report debt collector agencies too for harassment phone calls. I got a call from one about an outstanding debt and they refused to tell me who they were unless i told them who i was first, i said excuse me but you called this phone number and i had the right to ask who they were before i told them who i was. i eventually lost my tempor with them after 4 weeks of continuous call to me (4 a day ) from 8 am till 9 pm. I told the person i will be reporting them to BT as a nuisance caller (which i have ) and now had to change my number. What i want to know, is there a body to complain to like trading standards or someone with some clout as im not going to let this rest. serious replies only please and all sarky comments will be reported for abuse. Thank you all.
try this link
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
It's the federal trade commission.
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
You can often find others complaining about the same number and see if anyone is filing a class action. Also reverse look up may give you the Name of the company doing the calling. Get their business number and call to file complaint.
Forward all the info you collect to the Better Business Bureau.
Also, I've replaced the normal ringing sound when someone calls my cell phone, (the sound the caller hears on their phone) with the sound of a fax machine trying to connect. It automatically disconnects any auto dialer and human callers hang up immediately. I've informed all the people I want to call me about the change and they know to hang on until I answer them. It worked like a charm and I haven't had any sales people, political calls, or wrong numbers since. Check with your provider for ring-back options.
Collectors are not allowed to discuss or indicate they are collecting a debt to someone other than the debtor. If you refused to acknowledge you were the person they asked for, they couldn't tell you they were from Hunt 'em Down Collections.
Did they specifically ask for you by name or did they just ask who you were? If they asked who you were, you certainly have the right to know who's asking or at least who they are trying to reach.
Is there a limit to the number of times a debt collector can call in one day?
My car payment is 8 days past due! Today, I have received 5 calls from the lendor who holds my car note. They have called my work twice and my cell phone three times. I have received no voicemail on either phone. I am not ignoring the calls, because I will be making payment by the end of the week...however, my employer is very strict about personal calls at work. Ihave verbally requested they remove my work phone number, but they continue to call.
Is this considered harassment?
I knew I was going to get judged when I posted this question!! And in trying to make the question brief...I have left out details.
First of all, my payment was due at the beginning of the month, which I addressed at the time I purchased my car. I was told by the car salesman/credit manager to call the company and request a due date change due to my pay dates. The company changed my due date to the 17th of the month, but this is the latest they could change it. There is a standing note on my account stating this. HOWEVER, the company had told me that they will continue to call until the payment is received whether I call them or not.
I am not ignoring them nor my debt, I have communicated with them upon many occassions. BUT I cannot make/receive calls of this nature at work.
Will someone simply answer my question without passing judgement upon someone you don't know??
It can be. If it is actually a debt collector calling, then Federal Law states that they can only make one contact with you per day. No matter what state you live in, Debt collectors are governed by federal laws that they have to follow. The FDCPA, (Fair Debt Collections Practice Act), states that a debt collector cannot contact you more than once per day. That includes calling and not leaving a message. If you tell them either verbally or in writing not to call you at work, then they have to abide by that. It's called a cease and desist. Not only can the company that the collector works for be held liable and lose their license to be a collection agency, but you can personally sue the debt collector. The easiest thing for you to do would be to call and give the lender your intentions. If you have any more questions, feel free to email me at BECKYLAWRENCE05@yahoo.com I have been a debt collector for quite some time and know the federal laws. GOOD LUCK!!
Why is so hard to communicate with your creditors? Do you think that they can read your mind?
Good luck!
For now, I'm going to bet you are not in one of those states..
There isn't much you can do. If you are only 8 days late, and you don't have a history of being delinquent, I would call the manager of the loan company and find out what their problem is.
Legally, you have very few options. You can file a complaint with the phone company for abusive calls, but there really isn't much they can/will do.
Also, typically people do not start receiving collection calls after 8 days late. Typically, 15 or 30 is the norm.
Collectors are not allowed to call you more than once per day(I may be wrong), and they certanly have no call to bother you at work. Most loans have a 10 day grace period.
How many times can a bill collector call in one day?
Aren't there laws on harassment? Are there limits on how many times a debt collector, or a bill collector, can call your residence in a day or a week? Is it State specific? (TX is what I'm curious about.)
And, oh mighty answer-people, do you know where I might find a web linky to see the details myself?
Tell them to never call you again, and any further corespondence should be by mail or you will contact the phone company and your attorney.By law if you tell thm never to call again they cannot legally call you . www.privacyrights.org
Can Debt Collectors automatically deduct money from my paycheck without my permission?
I have a credit card I can't pay right now. My husband has been without work for a year now. I am working to support both him and my son. I can't even pay my car payment or rent or eat without help from family or church. Can a debt collector really do that? I thought I heard before that they can't...Is that harassment. This guy calls me at least once a week and is very rude even after I say I am contingent. HELP PLEASE!!!
No, it is not harassment. It is called wage garnishment. It is legal in 49 states.
They can not garish more then half your pay.
What are some things it is illegal for debt collectors to do?
I've seen commercials about how it is illegal for collectors to do certain things, and it constitutes harassment. I have a collector calling me (for a bill I paid, but to them that seems irrelevant) at 9:00 at night, and on weekends. Just wondering when they cross the line, anyone know? Thanks!
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
sole proprietor business debt...harassment, help!?
Several years ago I signed a contract to lease credit card processing equipment. The contract also named the "card services" company that set me up with the lease through a third-party. Since then, the card services company has gone into hiding, perhaps out-of-business, they have numerous complaints against them in the BBB. I stopped paying on the lease because when the company disappeared, they stopped providing me with the services. The lease company sold my debt to a collector, who is harassing me non-stop, yells and hangs up on me when I try to explain the situation. I don't think I should have to pay for this, and I'm not sure of my rights, as it was a sole-proprietorship. Can I get them to stop calling? Does this too come off my credit report after 7 years? Does it no longer affect my credit score after 7 years?
Have a look at the article below. It spells out your rights as a debtor and what they can and cannot do.
Essentially they can only call you so often, so many times. If you send something to them in writing they have to stop otherwise they are in violation of the Fair Debt Collection Practices Act. Anyway, it's all in this article.
How can I stop debt collectors phoning for a previous resident?
They phone twice a day, at unusual hours and this is despite my having told them that the person they are after no longer lives here, and that I will consider it harassment if they continue to phone. They have his new address and phone number
Probably will require a number change for you. You can obviously give them the straight story , but often there are multiple collectors involved. My parents went thru this recently & the phone company had them on a new number the next day at no charge. It just ends up being the least hassle option unless you have dozens of people to give the new number to.
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