Expert: Frank Brewster - 7/27/2006

Question
My mother and her boyfriend split up, they had a joing Circuit City accoung, which she has tried to cancel, but before she could he went out and made large purchases. I believe the collection agency has not been able to reach him so they have turned to harassing my mother. She recieved 5+ calls yesturday. They even threatened to access her bank account and take money out. My main question is, what can she do to fight this case and are they legally allowed to access her bank account without her permission and/or proving she really owes the amount.  

Answer
Nath,

Thanks for the question.  It appears you know that as a joint holder of the account, your mother will take on the liability of the debt.  5 calls a day would be excessive.  The only way money could be taken out of an account is if there was a judgment against that person and a writ filed against her bank account.

So far as fighting goes, there may be no defense to the claim.  That said there may be a claim under the Fair Debt Collection Practices Act for making threats that they could not fulfill.  You will need proof.  Her saying it happened will not be enough so she needs a recording.  I suggest she check her state laws about whether it is legal for her to tape these calls.  She also needs to keep records of the frequency of the calls.

Her mother has the right under the FDCPA to get validation of the debt.  She needs to send a certified letter to the collection agency requesting proof of the debt.