this company is calling me saying they are an law office and keep telling me the police is going to pick me up for a check loan trying to get my checking account number and some more things about me
DO NOT GIVE THEM ANY MONEY AND DONT VERIFY ANYTHING WITH THEM!!!
These idiots keep calling until I finally told them to contact me only via US mail and do not call my damn number again. According to the Fair Debt Collection Practices Act once you tell a collector that they are supposed to stop calling. It is harrassment if they continue and you can sue them.
It is also against the law for them not to tell you the correct name of the company and the assume another company or agency name. These folks always say they are part of the US Government and you are being sued so I told the [***] I will see him in court and I will be sueing for harrassment.
Handling Abusive Collection Agencies
We’ve all experienced financial distress at one point or another. Unexpected bills, loss of employment and pay cuts can all affect our monthly expenditures and force us to tighten the purse strings a bit. Sometimes we even fall into debt with our creditors, and that is when the collection agencies start calling.
According to statistics released by the Federal Trade Commission (FTC), there are more complaints lodged every year about abusive collection agencies than about all other businesses combined. Government agencies are flooded with reports of threats, harassment and inappropriate phone calls from collection agencies nationwide.
Although collection agencies are governed by the Fair Debt Collection Practices Act (FDCPA), many still seem to slip through the cracks, and a large part of this is because people don’t realize that they have rights when it comes to debt collections. Even when consumers owe money to one or more entities, they still have law on their side when it comes to harassment, and it is important for individuals to stand up for those rights.
How to Handle Abusive Collection Agencies
When faced with an abusive collection agency, your best course of action is to be proactive. Unless you begin documenting your experiences from the beginning, you won’t have enough information to protect yourself.
First of all, you must be informed. Do some research on debt collection laws in your state as well as the federal laws set forth by the FDCPA. Know what constitutes abusive behavior, and what the procedures are for battling the abuse. Having a full understanding of the laws surrounding debt collection will make you better prepared to handle it in the future.
Most likely, you will be contacted by phone concerning the debt, and this may be either at your home or place of work. When you receive the first phone call and you feel that you’ve been mistreated, calmly tell the debt collector that you do not want them to call again. Explain that you have rights under the Federal Debt Collection Practices Act, and that you are invoking them as of that phone call. Advise them that future correspondence must be conducted through the mail.
Many times, this will work, and you will never receive another phone call, but if the debt collector persists, you will have to put it in writing. Compose a letter to the collection agency informing them of your desire not to be contacted by phone, and send it by certified mail. Keep a copy of the letter for your records.
Once the collection abuse has reached this point, you should begin to create a paper trail. Every time that the collection agency calls, write down the substance of the conversation in a notebook designated as a call log. Note the date and time of the phone call, the debt collector to whom you speak, what was said during the conversation, and whether or not the situation was resolved. This is something you will need later if this ever progresses to court.
Your next step will be to contact the FTC, the Better Business Bureau and your state’s Attorney General to make a note of the situation. Inform all three agencies that you are being contacted illegally by a credit agency. Although none of these entities will personally fight your battle, your complaint will be noted and used if several similar complaints are given.
You are also legally allowed to record conversations with a collection agency as long as you inform the debt collector that you are taping it. Recorded conversations can be used in court if it ever progresses that far, and many do.
This company is not giving me their name, they are calling all hours of the day, leaving threating messages such as: the police are coming for me, they will come and arrest me at my play of employment. The threats, the calls all hours of the day, and the calling of extended family is harassment. I've been scammed before and will need all information in writing. They also asked for my social and ID to be faxed - this seems very sketchy and I will not agree to these things. They should reach me by mail.
Sam White and Frank Wilson were the fake names I was given. They told me they notified me via email about a lawsuit and I told them the last time I checked you are notified by registered mail of lawsuits not email you moron. He told me I am being sued for $2000 and I told him to send me the court papers because that is the only way your will get money out of me. They are full of [***].
Do You Owe This Debt Collector? Before you decide to pay a debt collector make sure this collector "owns" this debt or has authority to collect it. After a debt is "charged off" many original creditors sell the debt in portfolios to collection agencies. From there, collection agencies sometimes sell the debt over and over. It is not unheard of the see a debt sold six times or more. Before you pay a collection agency make sure that company still owns the debt before you pay. Demand proof the company that contacted you acquired the debt and continues to own it. Further, many large collection agencies, perhaps ironically, recently declared bankruptcy. Before you pay a company in bankruptcy, make sure it still owes the debt and didn't sell it to raise money.
Hang Up The Phone. Keep in mind you do not have to sit on the phone and be abused by a debt collector. This may seem obvious, but most of us are not raised to hang up on anyone. Feel free to hang up on collectors if they become abusive or even if they are not helping you get information. Keep in mind you are paying for your phone line. Presumably you got your phone to receive information and not to be abused or to give out personal information about your employer, social security number etc. It's your phone. Hang it up if the debt collector abuses you or if the collector demands information and provides nothing in return.
What to Do if You're Abused By a Collector
If a debt collector contacts you about a debt, you have a right to dispute the debt either verbally or in writing. If you want to preserve some rights under the FDCPA, you must send a written dispute within 30 days of your receipt of the first "validation notice" from the debt collector. Even if you owe the debt, or you cannot pay, you still have rights under the FDCPA. Most of our clients owe the debt being collected but because of financial circumstances, or a dispute over the goods or services, they cannot pay it. In order to preserve your rights under the law, it's important for you to keep good records of all of the contacts.
Four Important Steps You Can Take to Protect Your Rights as a Consumer
1. Save copies of all letters and notices from collection agencies.
2. Save all phone messages and voice mails--this is very important!
3. Make detailed notes of your conversations with these bill collectors.
4. Call one of our consumer rights attorneys now to help you recover your damages.