How can I get debt collection harassment relief?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get debt collection harassment relief?
I receive calls from third-party debt collectors with regard to a checking account that was overdrawn and eventually included in Chapter 7 bankruptcy case from 2 years ago. They are trying to collect monies allegedly owed to misc. Payday lenders for loans that were obtained 5 years ago and they threaten to initiate criminal prosecution action against me – for check fraud – if I don’t “cooperate with them immediately” by “settling this matter in the form of making payments”. Multiple collection agencies have attempted to reach me at my parents’ residence (I do not live with them) and on my cell phone. Their collection agents have misrepresented themselves as either FBI (and other) federal investigators, or as actual attorneys. These people become defensive – or outright indignant- when I ask for basic verification details regarding the original creditor/monies owed – or even when I ask for [the agent’s] contact or identification information. I have kept records of originating phone numbers/calls received etc.I have refused to “cooperate” with every collection attempt made thus far (and I have no intention of providing any credit/debit card numbers).
Asked on August 11, 2012 under Bankruptcy Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Given the conduct that you are now experiencing from representatives of third party debt collection representatives I suggest that you consult with an attorney that practices in the area of consumer law to assist you and give you guidance as to what your legal recourse is. From what you have written it seems that the calls that you are receiving are in violation of federal and state fair debt collection practices due to the threats of criminal prosecution, misrepresentation and intimidation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.