Expert: Michael Brotherton - 6/10/2008

Question
My husband has a debt that was obtained before our marriage.  The collection agency is rude and harassing.  When they realized that they could not bother him, they are coming after me.  I receive at least 6 phone call a day and 1/2 of them are at work.  This is becoming problematic.  I told them it was not my debt and I cannot accept calls at work and to leave me alone.  I was threatened with legal action and was told "They can do whatever they want".  I am writing a cease communications letter and am going to send it certified with a return receipt, but I was told when I requested their address that the may not "receive" the letter.  What can I do?  If they claim the do not "receive" the letter it is my word against theirs.  Also, if I have to contact my attorney, what sort of penalties with they obtain for this harrassment?

Answer
Some collection agencies will not accept or sign for certified mail because they know what it is. You might try asking them for a fax number and fax the letter. Keep the receipt showing it was sent and received. Don't let them know why you need the fax number. Send a backup letter through the mail and keep a copy of the letter. If they persist file a complaint with the Federal Trade Commission and the State Attorney General. I assure you they will stop calling you.

As to damages if you sue them, the FDCPA states you could receive up to $1000 per violation so keep record of each call at work or to you personally. Keep a log with dates, times, place, person calling and phone number they called from if possible.

You may also want to record these calls if you are in a one party notification state for recording calls. To see the law in your state for recording calls go to  www.pimall.com/nais/n.recordlaw.html.

Get aggressive and enforce your rights. Make some noise!

I hope this helps. Keep me posted on your success.

Mike