Wife Threatened With Jail

The can't put anyone on the docket, only the DA can do that and they will not do it for a simple bounced check that you can make good on. Send them a paper check for the amount that was due with an explaination. Send it certified mail return receipt.

Send them the validation letter, and find out if they have been assigned the debt or if they own it. If they own it it is too late to deal with the OC

 

#1) Any third party who directly or indirectly involves themselves in collecting a debt, *IS A DEBT COLLECTOR*.

#2) Typically, only the OC can initiate criminal processes.

 

Usually a bounced check is criminally prosecutable because the check writer obtained something of value in exchange for it, in effect, obtaining something by fraud. A bounced check in payment of an existing debt does not usually meet this, since nothing has been obtained by the writer. The debt is not paid and still exists. At least that appears to be the case when you search on various state statutes on writing bad checks. There may be other amounts collectable for returned check fees, etc.

 

BBB in Jacksonville shows a Legal Mediation Practice, in Jacksonville FL. No report is available, apparently because it is being "updated". Is this who you are dealing with?

 

You might do what they would not expect: contact your local DA, explain the situation, and get clarification on whether they are a debt collector, and whether they can legally make the threats they are making.

 

Is the original creditor in your state, and do they still own the account? (Is there a local party who may be liable for any illegal acts in collecting the debt, and who might therefore have an incentive to reach a settlement?) How much money is involved, and is it likely to be worth taking legal action in another state?

 

1. Go to Radio Shack and get a tape recorder.

2. Write letters to your state Attorney General, Florida's Attorney General and the FTC telling them what happened-do NOT forget about the jail threats!!! And check your state's laws regarding licensing, bonding, etc. and let the aforementioned agencies know that they are violating laws(so far it's just FDCPA, but after some research it could be more).

3. Send a validation letter to the CA-make sure it has the C&D.

4. Go to your bank, close the account and open a new one.

5. The next time they call, tape them. But give them NO information. Let them run their mouths.

6. Contact the OC(via PFB, fax or CMRRR), let them know what's going on and that you are trying to handle this.

7. If the calls don't stop, file suit against them.

 

Before you run out and buy a tape recorder and start taping, you better check the laws for your state. Some states are what is called a two-party state, meaning both parties have to consent to recording. So you have to notify them and give them a chance to say no. If you don't, YOU have violated the law.

While notifying the FTC may be a good step to take, they won't do anything on individual complaints. They will collect data, and if they get enough complaints about one company they may take action. But don't count on that to solve your problems.

You've been given some good advice on determining who owns the debt, licensing requirements, etc. Follow that advice.

 

I always say tape because the judge can decide if he/she wants to hear it or not. You can always either let them know you're taping when they call, put it on your outgoing message that any and all calls by collection agencies will be recorded or put it on the letter you send. You didn't say where you were from, so I can't tell you about the laws regarding taping. But they will LIE like dogs about how they've spoken to you.

As far as letters, emails and other correspondence with the BBB, AGs, the FTC, etc., we should ALL make it a habit of writing to them. There are many credit boards and not all people post. You may think that one person can do nothing. But there are thousands that have made our presence known. Do you know how many have not? Possibly in the millions. If we ALL write letters, just a few hundred (maybe just 100) is more than enough to take down a CA. A hefty list of complaints to the BBB will be more ammunition when it gets to the AGs and the FTC(and court). Attorney Generals and the FTC can handle them, but without us making the violations known and speaking up, they will continue to violate and make people's lives miserable. Even NCO has to answer to the FTC now. How did that happen? By consumers refusing to take the sh!t anymore.

 

I think going to the DA is the best idea I have seen here:

1. You can prevent the surprise of them contacting you, and you may be able to clear up the issue with just one meeting.

2. You can mention the threats that you are receiving and see if the DA feels there is reason to investigate those who are making the threats.

 

The DA is not going to prosecute anyone for a simple bounced check. Especially if you are willing to make good on the check and pay any fees. It happens too often for the legal system to get involved. They only get serious with the folks who pass bad checks for a living!

 

MinahSky, I agree that if everyone writes to the FTC it will help cause action to be taken eventually. I just didn't want anyone to think that writing the FTC is the solution to the problem presented, because it's not.

As far as taping, do it at your own risk. You say the judge can decide whether or not to use it. That's true--but in a two party consent state, what the judge can decide to do is charge you with a crime, which is what you have committed. Putting something on a message tape won't cut it. The laws in those states are pretty clear. You must ask and receive consent. Once they say OK, you start the tape, then again state that the conversation is being recorded and verify that there is consent. Other than that, you can be facing a fine and/or jail time.

What you do is your business, but I don't want everyone here to think they can just tape calls and use them.

Do you remember Linda Tripp?

 

Recording in the case of extortion, some other criminal acts, or harassment may be another matter:

From the ACLU site, http://archive.aclu.org/issues/cyber/phonelaw.html

California:...
One party to a confidential communication may record the communication for "the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnaping, bribery, any felony involving violence against the person."

Perhaps in the case of blatant repeated FDCPA violations involving harrassment, threats, swearing, shouting and other intimidation, start filing complaints with your local telephone company.

 

Ok, I'll say this: I live in california and the laws definitely favor the consumer.


*** I take back the whole taping part. I don't want anyone to get in trouble here. But just like I check my state's civil codes, laws, etc., so should everyone else. I am not an attorney, and not attempting to give legal advice.***

I'll stick to sharing my experiences with credit from now on. I just hate to see these "people" get over on unsuspecting consumers. Unfortunately, getting them on tape is usually the only way to prove what they do.

 

Actually, getting them on tape is NOT the only way to do it. I'm not sure it's even the best.

Butch wrote a thread Memorialize Your Convo's! where he details a method of memorializing the conversation and sending them a copy. If you send it right away, Certified, Return Receipt, and put the certified number on the letter, there is no question when it was mailed or who mailed it.

On a tape, if I were your opponent, (I'm not a lawyer, but I'd ask my lawyer to do this), I'd try to prove that there was doubt who the person on the other end was and when it was made. I'd accuse you of getting someone to say these things and fake the tape. The person you actually talked to probably isn't going to be in the courtroom, so how do I know whose voice that is?

 

This is good advice - take contemporaneous notes of the conversation and get the names of people you spoke to. Then send a letter to the party with a copy of the notes .
This is much better "evidence" than taping which may or may not be legal

 

I let this go, but since debate is a good way to figure out your opponent's stance, I'll respond.

If you decide to tape, you of course start taping before you call and say your name, date and time(there are recorders on the internet that can do it from your computer via modem, too) and who you're calling. Then of course if you're calling them they will announce who they are when they answer the phone. If they call you, you can ask them to say who it is calling.

In some states that are one party, you can tape without their knowledge under certain circumstances, such as extortion(and we ALL know that they are capable of that), among other things. ***CHECK YOUR STATE LAWS.*** If it's a 2 party state, you can of course ask their permission to record. If they say no and it gets to court, then the judge might wonder what they are hiding for them to say no.

If you think tapes mean nothing, wait for a good lawyer to tear apart the paperwork. "Judge, how do we know that this is what was said?" We might be honest about it, but I don't know one consumer on any message board that would trust a CA employee.

I'm going to stop posting. I'm good on my own and I can still check the board out. Good luck to everyone here.

 

That's why you've sent a copy, CMRR, to the CA and said "this is my understanding of what was said." If they don't respond, it's an implied concurrence.

As far as them not consenting to taping, in some states, such as Maryland, the fact that you even started the tape without consent is enough to charge you with a crime.

 

A contemporaneous memorialization sent to the CA also deals with their defense: "We didn't know our employee was doing this. It is our policy to follow the law, and this is the first we have heard of it."