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Paleface | Is it legal for a collection agency to do this? |
I have been having some financial difficulties of the last few years. My brother just called me and said there was a message left on his answering for ME about a "refusal to resolve". Probably from a credit card that was written off as bad debt from one of my credit cards, less than $1500. How can they call my brother and leave a message for me, when we haven't lived together for probably 15 years and I have never used him or my sister-in-law as a reference on an application. So now my brother called me saying they left a case number and the name of the company but he couldn't hear the name. Is it possible that they can do this when I've never lived at his address or know his phone number?
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Believe me if it was within my ability I would pay off the debt, but since I can not, my concern is that a number was left on my brothers number. I have never used him as a reference and I only know his cell number, not his home number. We have never had any credit together and other than when we were kids, have never lived together. My question is, how could they know that he was related to me other than the last name? Was it a shot in the dark? I know its not a nice situation either way, but I will be sending out a Cease-Communication letter certified mail. |
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Studly
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Cynthia S get the coveted "Studly's Moronic Answer of the Day" award.
Isn't it amazing how collection agents, who are supposed to be will trained and educated on the federal collection laws, just can't help lying to people?
Let me count the lies....
Debts stay on your credit report for 7 years, starting from the date of the delinquency. They do not get renewed or re-aged by other collectors. If they do, they are violating federal law and can be sued for $1000.
Collection agents can "generally" only call a relative, friend or neighbor once time to attempt to locate your location. Once they are told they don't know that information, they are not allowed to call again unless they have reason to believe they were lying.
They get this information from a variety of sources. It's not difficult to locate it. Just take a look at http://www.peoplesearch.com for example.
Just send this collection agent a cease and desist letter. DO NOT give him your current address! It should be obvious to you that if they are harrassing your family they don't know your location. Don't help them out by giving it to them! |
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Kristy M
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They are allowed to call your references to try to locate you, but they are not allowed to tell them that it is because you owe them money. Saying "refusal to resolve" is sneaky wording that they use to embarrass you to let your family know why without actually saying you owe money. |
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Cynthia S
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Each state has their own set of laws when it comes to collections. What the company did was use a UDS search to locate you. If they know your ss# they can pull up almost all info, like who is associated with you, etc, this is how they most likely found your brothers #. It is not illegal for them to do this at all in Oklahoma. I would recommend calling back and trying to work out a payment plan so you can get that off your bureau. It's not going to fall off after 7 years if the collections company keeps it active. Either that or prepare for some more of those calls or even court proceedings. |
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Katie N
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They will try what ever they can to find you. With all the information on the internet these days, they can find relatives, people with the same last name. I had a collector take all of the money out of my savings account from something back in 1997. They can do what every the can "by law" to get their money.
Good luck...best to resolve them before they get here...speaking from experience. |
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Incognito
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Creditors have ways to track debtors down, like private investigators. The question should be, " can they legally leave or give out this kind of information to friends/relatives"? No, they can't but many of them break the law all the time.
This debt will roll off after 7 yrs. from first date of continued delinquency and they cannot "renew" or reinstate it on your credit. They can however place a judgment against you that can show on your credit report if the company's practice is to follow through and go to court. |
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patrickmcc55
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They may call your friends and relatives. You may have forgotten, but all credit card companies ask you for the name and address of the closest relative not living with you.
Both you and your brother need to excercise your "do not call" rights. You may demand that the collection agency only communicate with you in writing. If they fail to do so, they can be fined by your Atty General.
Call them back, inform them of your choice, and get an address to write them. Tell them in the letter, you are requesting you only be contacted in writing, and to place you on a do not call list. |
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dale621
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they will do anything in there means to coatact you next time if possible have your brother answer the phone and tell them they got the wroung number and that tey dont know such person , they may have gotton the information from a job related emergency contact or from the credit agencys when u may have given other companys his name as a reference etc . dont feel bad i had them threaten to put a lean on my inlaws home because of a credit card that went to collection im like dude my inlaws have nothing to do with my credit or bills especially when i didnt put tem as a reference , or even have them co sine |
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ny2fl
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it is illegal for a collection agency to discuss or disclose your debt to a third party except for your spouse. they are engaging in illegal intimidation tactics in order to scare you into paying/calling them back. i would promptly send a letter, detailing your situation, stating that you cannot afford to pay at this time and requesting that they cease all attempts to contact you via telephone. per the fair debt collection practices act(FDCPA) they will have to abide by your request. depending on your state law, they may obtain a judgement, attach assest etc, but they may not verbally intimidate or harass you. |
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dianer381
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They can legally call anyone whom they feel can contact you or give you the message, whether it's a relative, friend, neighbor (one state dis-allows collection agencies to contact neighbors), coworkers, or any other person. |
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sexytrojan
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Yes, if they can't track you down. |
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Lewis A
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yeah it's legal, if they are trying to track you down, and low and behold....it worked. |
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