I'll give a little background on this issue. I have a debt from 5 years ago from a credit card that I couldn't pay.(lost job) They kept the account open for two and a half years adding fees to the amount and then sold the debt. About a year and a half ago Hilco receivables served me with a lawsuit (small claims $2,000 amount) contact was never made from them so I had no idea who they are. I sit for an hour on the court date waiting for them then find out they cancelled the suite 10 mins to closing the day before. I never received any info about it. About 8 months later I am served again. Still absolutely no contact from them. I show up in court and wait another 45 mins for them to show up. The court mediators want to wait longer and I demand to go see a judge. The judge says he rules in my favor and with prejudice. (Fast forward about a year) Last month I get a letter from MRS associates showing almost $2400 and hilco next to the amount due and give payment options. Nothing stated about 30 days disputing of the debt. I am also getting calls from them with only busy signals for messages or them yelling hello over and over. I send a letter with signed receipt asking for validation and included for them to stop calling me. They received the letter 1.5 weeks ago and I receive yesterday the same letter as the first giving me payment options. The only difference is a sentence saying to include in my payment that the payment is for Hilco. (the one that lost in the suite). They are now calling my mother and sister and my cell phone. My mother and sisters phone do not have me on the accounts so I don't understand how they got them. My mother said they questioned her about where I work, how much I make, what do I own, who do I bank with, do I own or rent my home/car, how much do I spend on purchases. (I am a student and have no income, only financial aid so I can't spend money. If I did have income, I could pay down debts.) Are they able to do this, or can I sue them for violations? If so what did they violate?
Assuming what you've said is essentially what has happened, many of those things do look like the sort of actions that the FDCPA was intended to reduce. You may wish to read it to get some idea of what they are allowed to do and what they are supposed to refrain from doing. It is true that some collection agencies feel that following the law is optional and any payouts that are eventually required are simply a cost of doing business. You claim to have a final order of a court with jurisdiction that says you don't owe this alleged debt. If they had a final order that said that you do owe it, you can bet they'd be using it to their favor. Dumb Bob suspects that you'd be best off at least having a consult with an attorney, preferably one who specializes in this area of law.
Consult a consumer protection attorney in your state as Bob aptly suggested. If you're in TN or AL, we can offer some referrals.
If I'm understanding this clearly, the short version of your story is: 1) They sued you. 2) Judge dismissed with prejudice. 3) They're still trying to collect. Right? If so, I'm not sure that's prohibited. "Dismissed with prejudice" just means they can't re-file the same suit. They can attempt to collect until the end of time. But if a CA sued me and I got their case dismissed with prejudice, well, that's one of the few circumstances where a C&D letter would come in handy. But as the others have suggested, I would contact an attorney specializing in credit law. Contacting your friends & family ... that's possibly allowed, depends on exactly what they asked.
Thank you for the replies. I saved a copy of the FDCPA and should find a attorney. (if they don't cost too much ) I'm in Iowa so I was looking online for attorneys and picked up a nasty malware virus that has made my computer about worthless. I am using my old (windows ME) computer to post back here now. I apologize for the long delay. I think the term Dismissed with prejudice is right. I will have to find the paperwork they sent me to see it's wording. I also was reading that I should make sure it is the credit card account that I had that they are collecting on. I assumed it was the CC because the amount looked correct. I have never received anything from the 1st collector saying what it was for nor have I received anything from this new collector saying what the account is. The number that is on the paper is not an account number for credit cards. It must be some number they use. Basicly what Sparq listed is it. My mother has told them not to call her and they still are. She says the guy will ask for me and gives his name but nothing else. He says he does not have to tell her what company he is with. He tells her to give me his number and that it is a personal matter. I think it would be a business matter (a debt) and also, someone told me that they have to state they are a collection company and there name whenever they call someone. If that is true, I might be able to make a case against them with everything they are doing. Should I send a cease and desist letter before finding an attorney, or should I go ahead and send one sense they will not respond the to 30 day disput and no call letter I sent them? Thank you all for the responces.
Listen, you live in Iowa. Search up an attorney online in google, I have no idea where you searched up an attorney and got a virus. When you type in your search query look to the right and click on one of the sponsored links. Those are the ones you should be looking for.
I got the virus and malware by clicking sponsored links. I was at a site that re-directed me to another site, then was clicking what state/location when it poped up. (avcare and windows antivirus pro 09) I looked through the phonebook and thought I found some lawyers but they said they get $500 per hour with a 2 hour minimum. I would only be able to afford about 5 minutes at that rate. I will contine looking but I'm bummed that it will cost such a huge amount. The calls still keep comming, I just don't answer them because I take night classes and they call around 8-10am when I'm sleeping.
That's why you want to find a lawyer who specializes in this sort of thing. Under the FDCPA -- and don't quote me on this, because nothing legal is EVER black and white -- you are permitted to recover legal costs. There are a lot of circumstances and conditions that have to apply, but in theory, if everything else lines up correctly, an attorney might be willing to work for free, knowing that he or she can recover his or her fees through court. Don't bank on that, though. All I'm saying is that if you have a lawyer who is more familiar with this sort of case, you might be better off. Have you tried naca.net?
