Calls Relatives regarding your bad debt
Complaint
Sherrie Heyser
Country: United States
This collection agency calls your relatives to collect from you -
Isn't that illegal? From what I read it is...
Isn't that illegal? From what I read it is...
Comments
Assist your mother in sending a letter, certified so you have proof of their receipt, demanding that they cease calling your mother's number (give it).
If they keep calling after you determine from the USPS website that they have received your certified letter, file a harassment complaint with your Attorney General, for violation of FDCPA and state debt collection laws, and find an attorney with experience in FDCPA and TCPA litigation.
You might try www.naca.net
http://www.forgivestudentloandebt.com/content ... -4170-bill-text
Not to mention how unprofessional and rude the service rep was when I asked about it or the rehabilitation for loans in default, and all she said was in a very snotty voice no, you will be paying 135.00 per month and I cannot do any lower. Ummm I already have dealt with another one that did that with a lower price than what this one stated to me. So you are completely wrong and you have no idea if someone is unemployed and gets that unemployment because that can be denied as well. You must not live in a poor situation and is unable to work the jobs most people get. SSI can be denied as well from a disabled person the first and even second time around.
"HERES A TIP IF YOU ARE A RELATIVE AND RECIEVE A DEBT CALL....GIVE THEM THE INFO YOU DO HAVE THATS WHY THE DEBTOR USED YOU AS A REFERNCE"
Debt collectors may say you were used as a "reference", as if that somehow makes you responsible, but in many cases they just made that up. They found your phone number by skip-tracing possible relatives, through databases like Accurint, nothing more. They may even already know how to contact the debtor, and may already be in contact, but are only calling you to deliberately embarass the alleged debtor to coerce payment.
You have no obligation to step into some other person's financial problems, nor do you have any obligation to put up with demeaning and abusive calls. You also have the right to tell any debt collector to cease calling you, especially about a debt you are not responsible for, and you can sue them if they keep harassing you. If you tolerate harassment, you will just get more of it.
"YOU DO KNOW YOU CAN BE SUED BY THE COMPANY FOR AN UNCOLLECTABLE DEBT?"
You are responding to a complaint by a non-debtor, who does not owe the alleged debt. Debt collectors can be sued for abusive calling, even if you are NOT the alleged debtor.
"IT DOESNT MATTER IF UR 80..U GET SSI...UNEMPLOYED U GET UNEMPLOYMENT..."
False. You are implying that exempt sources of income are required to be used to pay debts. You know better than that.
When they contact third parties, since they are not allowed by FDCPA to disclose that the person they are trying to find owes a debt, they often claim you were "used as a reference". In this case, it is likely that they just used a skip-trace service to look up relatives, then covered it up by telling you that your relative had you listed as "next of kin".
When did you ever see a "next of kin" blank on a credit application?
The only legal reason to contact third parties is to obtain location information on some alleged debtor, but some debt collectors do so even when they have already contacted the alleged debtor, to embarass and harass or create deliberate panic in the family, implying they owe a debt, disclosing details of it, or even implying they are being sued, in violation of FDCPA.
Such abusive scare tactics are also particularly common with phony "debt collection" rackets.
You have no obligation to act as some messenger for a debt collector, and if their calls are abusive, threatening, or harassing, tell them to cease calling and contact your state Attorney General if they continue.
Only obtaining location information is allowed, and if they already have it, then they have no more reason to contact any third party. Such further contact would then likely to be intended for purposes of harassment and embarassment.