Collections Law/wrong number

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Expert: Regan Shinski - 8/10/2010


Question
Ihave been getting 3 to 4 calls per day for the past two weeks that come from a collection agency. They are dialing my cell and have been told them everytime they have the wrong person and number. They (supervisor) accussewd me of protecting this person and they just keep calling.
What can be done to stop these calls or punish them for harassment.
Thanks in advance
Bob

Answer
Hello Bob:

This is a fairly easy problem to correct but does need some action on your part.  Send a certified letter, return receipt requested, to the collection agency.  Tell them they have the wrong person and that if they insist on contacting you want all future communication to be in writing per your rights under the Fair Debt Collection Practices Act (FDCPA).  Once they receive the letter, they may contact you only once more to inform you of their plans with the account.  Any additional call after that are deemed a violation of the FDCPA.  

You can actually sue them fairly easy on that violation and collect a quick $1,000 plus costs in a settlement or lawsuit.  Actually, in your case, you may have a good case to sue them now if it is not your debt and they continue to call your cell phone.  However, the easiest path and path of least resistance is to send the letter described above.  That should stop the calls and end this if it is not your account.  You may want to make sure you have not been the victim of identity theft and that the debt is "real" because that changes this whole process if the debt was opened fraudulently but still in your name.

Good luck,  I hope this helps.

Regan

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Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

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