Suing a debt collector

April 14, 2008 11:12 AM

We've been getting nonstop calls from a debt collector (IC System) looking for someone else (see my previous post ). I sent a certified return receipt telling them to stop, and I have the receipt signed April 7. They keep calling and leaving recorded messages. Now what?

I know there are $1000 statutory damage provisions in FDCPA Section 805(c). If that's true, I have no problem with traveling to their city and filing a small claims case. Would I have a snowballs chance in hell of getting a judgment? Or will the judge likely throw it out saying that this is a Federal law and I need to take it up with the FTC or federal court?

I guess there's the other issue of trying to get an incoming call log from the phone company... I have no other idea of how to prove the calls besides carrying a caller ID unit with me.

This is probably not such a big deal to most people, but they have been calling at weird times like 7 am and it's gotten disruptive.... I don't know how else to fight back.

posted by crapmatic to law & government (5 comments total)

the Texas State Attorney General's site: Debt Collection, includes protections under the law and harassment.
posted by kuujjuarapik at 11:40 AM on April 14, 2008

From the FTC: "You have the right to sue a collector in a state or federal court within one year from the date the law was violated. Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights."

The FTC explains what collectors can and cannot do.
posted by brooklynexperiment at 11:50 AM on April 14, 2008

I'd imagine you could sue them locally, since they're calling you at home and the phone call is taking place in your home. If you can, it's an added bonus to make them come to where you are.
posted by oaf at 1:43 PM on April 14, 2008

These npr stories may help.
- Consumers hounded by debt collectors have rights.
- Fed Up: Man sues telemarketers and wins.
posted by cwhitfcd at 7:24 PM on April 14, 2008

Yep, since they're calling you in your state, you can file against them there in your state. You can also see what your state has to say about this, statute-wise.

Most likely these jokers aren't going to show up in your state court (or fed court for that matter) and you'd end up with a default judgment in your favor.

If you are anywhere near a law school, sic a law student on this. They have nothing but time and energy to devote to this - and for free. Call the school and ask for a consumer law clinic.
posted by December at 11:04 PM on April 15, 2008