several months ago before I found this forum, a CA in Kentucky called my employer to "verify employment to begin law suit" I am not sure what exactly was said however, I believe this may have been illegal. Plus I doubt that he has a license in this state (which is not Kentucky) Was this illegal, if so, violation of which law? How can I find out if he is licensed in this state? I fully intend to sue if he violated. He embarrased me at my place of new employment and I want justice.
If a CA called your employer, and told them about your debt, that is a $1,000 violation. A CA company, and the individual who actually telephoned, can both be sued for violation of your rights under the Fair Debt Collection Practices Act (FDCPA) § 805(b) (15 USC 1692c) specifically regarding unlawful third party communication. Did you ask your employer to memorialize the conversation? Has the CA telephoned again? Conversations should be memorialized with as much specificity as possible, in a "they said/ I said" format.
thanks for the info, i am checking with the person that was contacted to find out what exactly was said. Do you know if they are legally allowed to call me to collect a debt if I reside in a state that they are not licensed in? i have recently moved out of state. Also, can they call out of their licensed states to verify location?
If you legally reside in a state that they are not licensed to collect a debt, then you have something.
Unless your state doesn't require it. Check with your state's regulation and licensing dept. for licensing requirements and their site may have a licensee seach feature too. Call them if not.
How much do they claim is due, do you think the debt is valid, and is it past SOL? In other words, are they threatening to sue on a debt past SOL, or for one they are not likely to actually sue for? If you live outside Kentucky, and the original contract was not signed in Kentucky, then you would generally not be sued in Kentucky. See FDCPA. An attorney in Kentucky would generally not sue you in a state other than Kentucky, unless he is licensed in that other state. Calling your employer, and disclosing both that there is a debt, and that they intend to sue, is a FDCPA violation for disclosure to a third party, and for their attempt to humiliate you. Are they actually likely to sue, or are they trying to intimidate you into either paying, or agreeing to a payment plan?
I would like to explain more but I run the risk of someone reading that it is not intended for. May I email you?
