THREATEN TO SUE AND ASK FOR LEGAL BUSINESS ADDRESS
it cuts down calls a lot
Yes.
Why can’t the Son help her with the debt?
No. They are legally not allowed to discuss her finances with anyone other than her. She should document names, dates, etc, and report them to the FTC.
google is a wonderful tool:
A creditor can call you at home, at work, on your cell, anywhere and anytime (the “anytime” must be within reason, such as NOT after 9pm, etc.). They can also call anyone you’ve listed as a reference or contact in order to locate you (although they are not allowed to divulge specifics of the debt they are calling regarding in order to malign you). However, the first time they call you at work, you merely need to tell them ONCE never to contact you at work again and then legally they cannot do so— if they do, they are in violation of the Fair Debt Collection Practices Act. Keep notes of dates, times, and names.
If you really want them to leave you alone entirely, you must send them a letter (send it certified) directing them to cease all forms of contact with you (phone, mail,etc.). After that, they can only mail you one more notice stating that they have received your request and are complying.
Keep in mind that this does NOT negate the money you owe the creditor or remove it from your credit report— the debt does not magically go away. You still owe the debt. And if it is a secured debt (with collateral such as an auto loan), they may still repossess whatever was used to secure the debt.
But they can’t call you at work once you tell them not to.
Check the forums out. It might give you some info.
It is legal as long as she owes them directly. People often get confused about FDCPA law. The law itself, from the very onset, explains that it is applied to third person collection only!
If my friend Steve owes me $200 bucks, I can call Steve anytime and anywhere I want to try and get my money back. She has the same relationship with her bank/card company. Her only protection is the fact that she is their customer and should be treated as such.
If the debt is far enough past due to have been sold to a third party collector she would have a lot more protection.
Get the address and send a “no contact letter”
“Dear Creditor:
In accordance with the Fair Debt Collection Act, please do not contact me by phone, mail, e-mail, or otherwise regarding the above alleged debt.
If you do contact me, I will report your violation of the Fair Debt Collection Act to the appropriate state and federal authorities.
Thank you very much.”
The Bud Hibbs website has some good info about how to combat debt collectors. http://www.budhibbs.com/
I FReepmailed you with info and a phone number.
I use this group for two unsecured credit card debts. The two Credit Cards increased their rates to 34% from 9.99% and 7.99% and I had had enough.
Nope.
Contact a third party about your debt for any purpose other than to locate you.
Identity the debt collection company name to a 3rd party without being expressly asked.
Disclose to a third party a debt is allegedly owed.
Communicate with a single third party more than once.
Communicate or or attempt to communicate with you at inconvenient times or places.
Contact you at work after being told not to.
Communicate with you after receiving a letter from you
(a) with a request they cease and desist all contacts or
(b) that you refuse to pay the debt.
Engage in harassing, oppressive or abusive conduct.
Use or threaten violence or other criminal means, or use obscene or profane language.
Cause your telephone to ring repeatedly or continuously.
Use false, deceptive, or misleading representations or methods, including but not limited to
(a) falsely representing it is affiliated with the United States or any State; (b) falsely representing the character, amount, or legal status of the debt;
(c) falsely representing or implying that nonpayment would result in arrest or imprisonment or the seizure, garnishment, attachment, or sale of property or wages;
(d) threatening to take an action against that cannot be legally taken or that was not actually intended to be taken;
(e) falsely representing or implying that you committed a crime; or
(f) communicating or threatening to communicate false or likely false credit information.
Use unfair or unconscionable means in an attempt to collect a debt, including but not limited to:
(a) trying to collect an amount not expressly authorized by the debt agreement/contract or other applicable law;
(b) threatening to or actually depositing a postdated check prior to the date on such check; or
(c) taking or threatening to take money or property where there was no present right.
Continue to contact you after receiving your cease and desist or request for validation letter.
Force you to pay the debt prior to expiration of your 30 day right to dispute.
Sue you except in the county you signed the contract, you live or own property that is the subject of the debt.
Falsely represent themselves as attorneys.
ALSO, A debt collector MUST (despite what they say):
Provide the notices required by 15 USC § 1692g either in the initial communication with you or in writing within 5 days after.
Notify you in the initial communication it is "an attempt to collect a debt and any information obtained would be used for that purpose."
Notify you during each collection contact the communication was from a debt collector
Disclose the caller’s individual identity in every telephone call to you.
Why doesn’t your best friend help out his/her mother?
Easy target.
I bet they don’t call the ‘elite’ that don’t pay their taxes
and may be behind on a few other bills.
A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it.
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
There's more at the link.