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Question
My stepson (Dyllan)was buying a vehicle when he was told he had a debt in collection. He had never had an unpaid debt. He contacted the collection company and found out they had his name as well as his brothers and sister. When he was 16 his mother and his siblings were living with his mothers friend in Texas. This friend told his mother that she had signed all of the kids up for home schooling and that she put it on her credit card. His mother did not know her freind was going to do this and did not sign anything. Dyllan calls and this guy says he is a supervisor when my Dyllan asks for one. This guy tells Dyllan that the only way he can get this off his credit record so he can purchase the vehicle is to pay the $588.00 and convinces Dyllan to give him his routing and account number from his checking account. The same day Dyllan calls me, I tell him we need to close his checking account, which we do. Then we sent Cert. receipt return req. letter on dispute of debt, verification demand etc. This collector knew this debt did not belong to Dyllan. He has threatend to sue dyllan, have him arrested, has used profanity and two weeks after receipt of our letter has send Dyllan a simple demand letter with no verification and a new pay off of $600 and some odd dollars. What should we do moving forward?

Answer
You should be keeping a careful written history of all that has transpired so you can sue them in federal court sooner or later. You should probably get a recording system on your phone so you can record the messages they leave. I see you have several causes of action already and so nailing them should be little problem.

Bill Bauer
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Collections Law

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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