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About John Hall
Expertise
Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.

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FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Collection agency keeps calling/wrong person

Collections Law - Collection agency keeps calling/wrong person


Expert: John Hall - 8/22/2007

Question
I have been called multiple times by different collection agencies for about 6 months now.  At first I was giving my last 4 SS number and they would admit they have the wrong person.  Sometimes they would give me the last four of this person and I would say it is not me.  At first even the address they had was for someone in Idaho or something like that, now they have my correct address.  Now I have gotten a "settlement" letter, I called and refused to give my SS information and they would not talk about the account.  I am figuring if I give them my last 4, they will use that against me, I don't want to give out information others don't need.  How do I get off this list, I have a very common name, I have checked my Credit report in July and found nothing.  The bill is for $400+ for a Radio Shack Credit card and I have never had a Radio Shack credit cart.  Unfortunately I shredded the letter in a fit of pique.  I am getting pretty nervous and angry about all these calls.  The calls always seem to be from a different agency, so it seems like they are passing my name around or selling it.  Should I put a freeze on my credit cards and how can get my name cleared from this issue?

Thanks,
Dave

Answer
YOu don't have to freeze your own accounts.  If they start taking money from you or negatively affecting your credit for an account that isn't even yours, then you have a legal cause o action to successfully sue them.   As for the present harassment, get their name and address, however you have to do it, and then do this.

Inform them in writing that it is not your account and that you do not want to receive any further communication regarding the disputed debt, and say that you are giving them notice under the Fair Debt Collection Practices Act  (a federal law from the 1960’s) that you want them to quit contacting you.   Keep a copy of the letter and just send it via regular mail.  (Don’t waste your money on certified or anything more than regular mail.)    They will stop.  (this only works with third parties trying to collect the debt, not the primary creditors.)

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