collection agency harassment

writing irish · Jan 18, 2008

Your humble narrator here owes quite a bit of money owing to a surgery I had to have on my foot last year.

One of the accounts got sold to a collection agency and now they're calling me multiple times throughout the day. On those occasions when I speak with them, they're as abusive as they can possibly be without using profanity and they hang up on me after delivering a harangue.

I work next to the local police depeartment's main office, so I went over and tried to file a report, but the cops said that as long as they don't threaten to do anything against the law, that they can call me as much as they want.

I plan on researching debtor rights over the weekend to see what my options are for getting these people off my back, but if anyone knew off the top of their head some things that could get me pointed in the right direction, that'd be great.

How horrible it must be to live in a country where people who get sick aren't treated like criminals.

BTW, the number they're calling is my private cell phone.

slappy4428 · Jan 18, 2008

Comet bomb

(and why the hell did you give out your cell phone in the first place?)

writing irish · Jan 18, 2008

Cell phone number was given to them by the hospital. It's my only phone.

EDIT: The CEO of the hospital that was so desperate for the money that they sold the account to a collection agency makes $2.4 million annually. He must be the invisible hand's kind of guy.

gandhithegreat · Jan 18, 2008

FAIR DEBT COLLECTION PRACTICES ACT

JR · Jan 18, 2008

Paging Jones, paging Jones.

He had a similar thread on this a few months back.

If we're lucky this will morph into a healthcare debate.

Armchair_QB · Jan 18, 2008

Start recording the calls and keep a written record of how many times a day they call. You'll need this information if you want to win the harrassment suit you need to file on these assholes.

three_bags_full · Jan 18, 2008

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following:

* Hours for phone contact: contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time[2]
* Contact after being asked to stop: contacting consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further contact or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted[3]
* Contacting consumers at their place of employment after having been told verbally or in writing that this is not acceptable[4]
* Contacting consumer known to be represented by an attorney[5]
* Contacting consumer after request for validation: contacting the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address[6]
* Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer[7]
* Publishing the consumer's name or address on a "bad debt" list[8]
* Seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law[9]
* Threatening arrest or legal action that is either not permitted or not actually contemplated[10]
* Abusive or profane language used in the course of communication related to the debt[11]
* Contact with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney) or threatening such action[12]
* Contact by embarrassing media, such as communicating with the consumer by post card or using letterhead that makes it clear that the communication is from a debt collector[13]
* Reporting false information on a consumer's credit report or threatening to do so in the process of collection[14]

[edit] Required conduct

Further, the FDCPA requires debt collectors to:

* Identify themselves and notify the consumer, in every communication, that the communication is from a debt collector, and that information received will be used to effect collection of the debt[15]
* Give the name and address of the original creditor (company to which the debt was originally payable) upon the consumer's written request made within 30 days of receipt of the Â§1692g validation notice;[16]
* Notify the consumer of their right to dispute the debt, in part or in full, with the debt collector. This so-called 30-day "Â§1692g" validation notice is required to be sent by debt collectors within five days of the initial communication with the consumer, though in 2006 the definition of "initial communication" was amended to exclude "a formal pleading in a civil action" for purposes of triggering the Â§1692g validation notice, [17] complicating the matter where the debt collector is an attorney or law firm. The consumer's receipt of this notice starts the clock running on the 30-day right to demand validation of the debt from the debt collector. [18]
* Provide verification of the debt If a consumer sends a written dispute or request for verification within 30 days of receiving the Â§1692g validation notice, then the debt collector must either mail the consumer the requested validation information or cease collection efforts altogether. Such asserted disputes must also be reported by the creditor to any credit bureau that reports the debt. Consumers may still dispute a debt verbally or after the thirty-day period has elapsed, but doing so waives the right to compel the debt collector to produce verification of the debt. It is unclear what is required of such written verifications.[19]
* File a lawsuit in a proper venue - a debt collector may file a lawsuit, if at all, only in a place where the consumer lives or signed the contract[20]

This should not be understood to be an exhaustive list either of prohibited or required conduct.
Click to expand...

OTD · Jan 18, 2008

There was a lot of good advice on that thread of Jones'. Basically, you need to set up a payment plan with them, but once you do that, they're going to be off your back. I'd suggest $10 or $25 a month until it's paid off. There's no incentive to pay more, because you don't have to, interest is no longer accruing and mainly, they're assholes.

three_bags_full · Jan 18, 2008

Here's a link to the 28-page pdf of the act.

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

The Big Ragu · Jan 18, 2008

writing irish said:

Cell phone number was given to them by the hospital. It's my only phone.

EDIT: The CEO of the hospital that was so desperate for the money that they sold the account to a collection agency makes $2.4 million annually. He must be the invisible hand's kind of guy.
Click to expand...

Just like the surgery, which was undoubtedly done on an invisible foot?

Have you attempted to work out a payment plan or settle for cents on the dollar? It's worth broaching it next time they call. They don't earn unless they collect something. So they will sometimes settle for cents on the dollar just to get something and move on.

Or is this about getting out of paying anything for your surgery?

If it's the latter, you do have some legal recourse. Under the FBCPA, which gandhi just mentioned, they have to stop contacting you altogether (not just calls -- any contact) if you notify them in writing that you want no further contact and you refuse to pay the alleged debt. So get their address, put it in writing and send it with some kind of verification that it was received.

Their only recourse then is to sue you, though. So be prepared. It may or may not be worth it to them, depending on what you owe. But once they get that written notification, they are only allowed to serve and contact you with regard to litigation or other attempted legal remedies they bring as a result of you refusing to pay.

Ace · Jan 18, 2008

wry_rish,

Turn it around on them. Have some fun. When they call sob and moan and say you feel so damn guilty and are living on ramen noodles. Even the dog is eating ramen noodles. Talk at length about the different flavors.

Then start moaning about your foot still hurting and act confused. Like the pain pills have your groggy. Ask if they are the lawyer calling on the malpractice suit.

No sense in giving them a hard time. That's candy to them.

gandhithegreat · Jan 18, 2008

OTD said:

There was a lot of good advice on that thread of Jones'. Basically, you need to set up a payment plan with them, but once you do that, they're going to be off your back. I'd suggest $10 or $25 a month until it's paid off. There's no incentive to pay more, because you don't have to, interest is no longer accruing and mainly, they're assholes.
Click to expand...

I disagree, fight the good fight and don't pay unless you feel like you owe.

First thing, you need to imediately ask for a fax number, once you do this, they're going to get pissed because they know what you are doing. Fax them a Cease and Desist letter and that will get them to quit calling you.

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collection agency harassment

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collection agency harassment

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