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Suing a debt collector

crapmatic — Mon, 14 Apr 2008 11:12:25 -0800

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.

No recourse for harassing calls?

crapmatic — Wed, 02 Apr 2008 10:39:14 -0800

We been getting calls from debt collectors for months now for someone we've never heard of. Is there some reason why telcos will not let consumers block 1-800 numbers? Are they in bed with telemarketers and bill collectors? I work nights, and am having problems with a bill collector (IC Systems) calling for someone I never heard of who owes eBay money. We cannot get them to stop calling; they basically try to get info about the debtor from us then hang up on us.

I called my phone company (Embarq) and they said there's nothing they can do. I have their selective call rejection service and it does -not- let you put in 800/888 numbers! I recall we had this problem several years ago when we were with SBC, too.

I'm really intrigued if there's some reason why the telcos cannot or will not block toll free numbers. This sounds really sketchy.

Is it time to dump the telcos and go to VOIP for our needs?

BTW I looked up FDCPA regulations and it looks like it only provides protections between the bill collector and the debtor, not us... and from a little Google searching it appears the Do Not Call List (which we're on) does not apply to debt collectors.

Credit Counseling - No More Interest- How?

Anonymous — Mon, 12 Jun 2006 16:38:04 -0800

How do I get my debtors to allow me to pay them off on a payment plan and no further interest charges? I have approximately $400,000 in debt, not including several pieces of real estate.

I have no liquidiy due to family medical issues, but do not want to declare bankruptcy although I have no money "for the short term" (say, 6-9 months) even to make minimum payments.

I want to make a deal with the creditors that I am not running away, that they should close the accounts and not charge any more interst going forward, with low minimum payments to be made until it gets paid off (or for a one year period, lets say.)

I am not concerned about ruining my credit; its ruined itself over the last 3 months.

I do not want to declare bankruptcy either.

How would I do this? is it best to go to a place like BuCCs www.buccs.com? or to do it alone? (using a service would make me only need to pay one bill each month instead of 30?)

or to ignore them until it is 120 days past due and then settle?

or let the bills rise until they write them off?

Besides all other moral concerns about owing the money, I do not want my entire family getting phone calls and would not not particularly love process servers at my door.

Since I am posting this anonymously, let me generously beg y'all kind souls not to take this question off topic or discuss its (im)morality.

yes I am aware that just because a credit cousieling service is "nonprofit" that does not mean they are there to help you. (and yes I am aware that many of these agencies are sponsored by the CC comanies themselves.)

What is the best way to get on a payment plan, while stopping all accruing interest?

My health is being severly ruined by this (headache, stomachahes from stress) and I really want to do this tomorrow....