1st time dealing with CA..Need help

It just went to collections on 3/20? What was the date on the letter?

It looks like you're still within the 30-day window from the first contact. Send this letter out immediately:

You dispute the debt with this letter:
************************************
"RE: Alleged Account 1234567

I dispute this alleged account in its entirety and full validation is demanded."


Regards,

You
**************************************
You send the letter to the address on the letter via CMRRR (certified letter return receipt requested)

Stay off the telephone with the CA, make no affirmation to the debt, make no "token payment" and keep a copy of *everything* that you receive and copies of what you send out.

Start there.

Then send a second letter, CMRRR, telling the CA that it's "inconvenient" for them to telephone you at home and your employer does not allow you to recieve personal telephone calls.

The CA is lying to you, you don't have to 'pay it today' but you do need to dispute it immediately CMRR.

 

This is about a legal process.

You have no idea who this collection person is, you've never had an account with them, you don't know how this account was assigned or bought, or even if this CA has added illegal interest or fees.

It's the process.

You need to get the dispute/validation letter out via the mail and ASAP.

And you need to tell them that it's "inconvenient" to telephone you at home and your employer does not allow you to accept personal calls.

 

Have your mother-in-law memorialize the conversation she had with the CA, and do it *immediately*. Include the date/time/

If the CA revealed the status of the debt to a third-party (your mother-in-law), that's a $1,000 violation.

If this person telephones your husband at work, and he can record, have him simply tell the individual that he is unable to accept personal telephone calls at work. Then, he should hang up. He doesn't need to say or do anything more.

Try to get it recorded but you do want a second CMRR letter to go out clearly stating it would be "inconvenient' for them to telephone you at home and you cannot accept personal telephone calls at work.

 

What you need to do is compile evidence; think of this as a journey to court because the FDCPA is federal law. This is about civil rights and consumer rights.

1. Contact your mother-in-law, have her memorialize the conversation and encourage her to memorialize any further conversations if this CA calls her again.

2. Write the letter to the CA disputing and demanding full validation of the debt. Keep it simple.

3. Send a second letter, CMRR clearly stating the"inconvenience" info regarding telephone contact.

From what you've stated it looks like the CA is already in violation of the FDCPA, see below in section (2):
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§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

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Depending on what was precisely said to you, this is another possible $1,000 FDCPA violation:



807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

 

It appears that you have at least one and possibly two FDCPA violations right now. That's $2,000.

Once the letter telling the CA that it's inconvenient arrives, you hold on to the green card, and you wait. It looks like this CA either doesn't know the FDCPA or feels just fine with ignoring it, and your husband needs to either note or record any time this CA may telephone him at his employer.

Every time the CA telephones after they've been informed, on the record, that your husband's employer doesn't allow personal telephone calls, that's a $1,000 violation. If you don't have a recorder at home, get one and record the contact.

At the rate they seem to be going, they could end up owing you money.

Keep careful records. Save copies of all your letters, the postal receipts and the cards. Have your mother-in-law memorialize the recent conversation and any possible future contact.

 

Some individuals have filed pro se in court and do quite well. Others opt for a FCRA/FDCPA attorney to go through the process and with solid evidence you win.

Most civil cases are settled out of court, and any lawyer costs or fees are paid by the losing party.

 

Memorialze the conversation *you* had with the CA on the telephone yesterday.

Try to recall all the details as precisely as possible.

When the CA spoke, did she actually *say* you would be sued?

You don't need to recap it here but write it out, in detail for your records.