About a week ago, I received a notice from a debt collector (CSC in California) claiming that I owe them $150 from 3 years ago for a debt that I have never even heard of and know for a fact that I do not owe. So I sent the validation letter right away and then about 10 minutes ago (I'm at work), this "lawyer" calls me and tells me that he's suing me today (apparently sending the sheriff to my employer immediately) and then proceded to harass me and call me a liar over the phone (he was screaming at me) - even after I firmly and repeatedly told him to mail me the documents he had so that I could then respond again to his claim. It got so bad that I finally hung up on him. I really don't think a sheriff will be showing up in the next 15 minutes, but this guy really made me upset. Do you think he would actually follow through with his threats?
You already know the answer to that question. No lawyer would callyou up and warn you that the sheriff was "on his way." You did the right thing by hanging up on him. Too bad you didn't do it sooner - like as soon as he raised his voice. Next time he calls ask him to hold on while you go get the "sheriff" to speak to him. Then hang up on him again
Am I completely wrong here, or isn't it a violation for him to be calling me up and trying to collect/threatening to sue before he responds to my validation? I'd really like to mail off another letter tomorrow telling this guy to leave me alone or else I'll sue.
Did your request for validation say only contact by mail? And do you have a date for the receipt of that letter?
I believe that I forgot to say anything about only contacting me by mail in the letter (stupid of me, I know - I don't know why I left it out this time) but can easily send another letter today just for that. My request for validation was send CRRR, but I haven't gotten the green card back yet - they "lawyer" did say that he got my request today and that's why he was calling.
It doesn't matter *WHAT* you requested in terms of contact. Upon receiving a validation request, a CA must CEASE (read: STOP) all collection activity until such time they provide you with the information you requested (validation). You've got a whole pile of violations in that one phone call! You can really makes some serious bucks off this guy. If it's legal in your state to record a phone conversation without notifying the other party, don't walk but RUN down to Radio Shack and get yourself a small tape recorder with a phone adapter! If it's not legal, have a third person listen in on the line and call them as a witness when you sue.
I agree with Phreedom. He can't make any collection attempts until he validates. He admitted to having received your letter. Too bad it was all by phone. But he probably planned it that way. Recording (if legal) or a third person to witness would be good. Looks like he may pay this debt for you! Get your lawsuit started.
Excellent - thanks everyone. I am preparing my letter right now to send in the morning. And no, the sheriff hasn't shown up yet
Re: Re: Is this guy for real? Am I completely wrong here, or isn't it a violation for him to be calling me up and trying to collect/threatening to sue before he responds to my validation? I'd really like to mail off another letter tomorrow telling this guy to leave me alone or else I'll sue. skyy =============== Actually it's 2 1000 dollar violations 1 for trying to collect without validating and 2 for threatening to sue without intending to do it.
Re: Re: Is this guy for real? 1* (stupid of me, 2*I believe that I forgot to say anything about only contacting me by mail in the letter 3* I don't know why I left it out this time) but can easily send another letter today just for that. 4* - the "lawyer" did say that he got my request today and that's why he was calling. skyy ========== 1*Stupid/ Hardly! 2*Good thing you didn't for if you had and had he not called because of it you would not have the CA on the 2 violations you got on them worth 2000. 3*Yeah Rite go ahead and screw up what you did right the first time. Do not I repeat do not send such a letter 4*HE blew it
You've got a whole pile of violations in that one phone call! Phreedom ============== This is why I never tell them not to call. If you do that you cheat yourself out of catching them on violations. (I believe that I forgot to say anything about only contacting me by mail in the letter (stupid of me, I know.) skyy Thinks he was stupid here but he done it right the first time so why do the wrong thing and write the CA a letter telling them not to call. He should leave the line open for more violations and to build a stronger case against the CA. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Is this guy for real? lbrown, can you explain why he should not send a c & d stating they may contact him only by mail, and your reasoning behing it? He already has several violations, in fact, more than enough to sue for. He is being threatened and harassed at work. I disagree with your advice in this case. Since this is happening at work and he already has many violations, I would send a limited cease and desist.
Re: Re: Is this guy for real? Thanks LKH - do you think I should send a letter out tomorrow or wait the entire 30 days? I have a feeling this guy is going to keep calling and trying to harrass me at work - he tried to call several times after I hung up on him. If I send a letter tomorrow, should it just be "don't call me anymore, I'll only deal with you through the mail", or can I lay it all out there and go straight to the ITS letter? thanks again - and for the record, I'm a she
Re: Re: Is this guy for real? Since this is happening at work and he already has many violations, I would send a limited cease and desist. LKH If I send a letter tomorrow, should it just be "don't call me anymore skyy =================== I would limit it to Do not call me at work. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Is this guy for real? I would do a "do not call, contact by mail only"--and do it NOW! I know that lbrown59 thinks if they call you'll get more violations. But they're also more likely to trick you into saying something that will negate what you've done. They're pros at this, and you're not. Stay with what you were going to do. And don't wait for them to get the letter (which of course you'll send CRRR). Next time they call you at work, tell them that you are not allowed personal calls at work and that if they call you there again, they are violating the law. Keep track if they do. If you tell them you're not allowed calls at work, they aren't supposed to call you there.
