Collector harrassing me for someone else's debt, help!?
ok, here is the story: I have been receiving phone calls almost daily for years now by a collection company for a debt acquired by a relative from a very long time ago (a student loan back in the early 90s). I keep telling them that that person does not live with me nor is in the U.S. for that matter. They claim I was put as a reference on the college application and also claim that he put my number as his number on other documents - both of which are false since I was a minor when my relative attended school and I lived in another County at the time, I am however the only person listed in the phone book with the same last name - which I keep telling them this is the only way/reason they are calling my house. . .
I don't know what to do to make them stop calling me, it's really aggrevating. Do I have any legal rights or do you have any advise for me?
D J2008-02-29T17:02:59Z
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First you have to write them a letter saying they are trying to collect a debt that is not your. It's called a drop dead letter. you can see an example at www.clarkhoward.com
Then if they call again record the call, tell them you are recording up front. Tell them that you are going to report them to the government for being in violation of the fair debt collections act.
Check out the web site I listen.
And get an answering machine, you can use if to screen calls.
The law is that the collector has to show you detailed documentation on the debt if you request it. If you request the documentation they may realize you are not a soft touch and leave you alone. If they do not produce the documentation then you can have an attorney send a letter telling them to stop harassing you. If they give you the documentation then an attorney can look it at and send them a letter stating that you are not liable for the debt. I know an attorney costs money, but if you request the documentation and advise the collector that it will be passed on to your attorney for review, it could very well end there. Collectors who go after old debt like that play the percentages-if you know your rights they will move on to someone that doesn't.
here is the number for the dept of education 1-800-557-7392 -- report the situation and be adamant. There may be restrictions on how references may be called and how often contacted for location information on someone who may have disappeared from the collection agencies the govt. hires to collect student loans. Not sure though, collection laws on student loans is really tough, though calling you everyday, exceeds the standard of the Fair Debt Collection Practices Act, a Federal law. One thing though. If this person is a relative and you are still in a family relationship with this person, and you are required to give the correct information about the whereabouts of the relative, the relative could be charged w/a fraudulent application to the D.O.E. and could wind up facing serious charges. Best scenario, if you know where this person is, have them call the D.O.E. tell them it is a mistake and start paying the loan - last info before new laws went into effect was three consecutive on time payments to D.O.E. and loan can be rehabilitated, and this person can stop hiding from a possible serious charge. Also this is a lobbying group for students--type in browser might be helpful, Higher Ed Watch. Good luck precarious situation to give false info on a student loan app, never, never mess w/student loans, only way to get out of them is to ,,,,,,,,,,get a passport, or cut off a leg. They will follow you to end of the earth and have powers that ordinary lawsuits don't have,,,,,,,,,like seizing your assets, tax returns, etc., w/o a court order. Don't mess w/the Feds. One other thing, there is no statute of limitations on student loans, they can hunt him down for years, and can send you a summons to give info if you know where he is. If you do tell him the agony he is causing you, have him contact the feds and pay up, end of story.
Depending on which state or country you live in you have rights. Basically in the US all you need to do is go to the local county court house and ask the information desk about where to go to file a restraining order and then you will have to pay to have it served. It will cost, but it will be automatic. Then within a certain number of days there will be a hearing, you present evidence about the case, the judge makes a decision and then another longer term order (usually for two years) will be ordered.
Send them a registered letter with the facts and demanding that they stop contacting you. Send a copy to the State Attorney General and the Interstate Commerce Commission in DC. It is against Federal law for them to contact you or to keep trying to collect a debt after you tell them to stop and why. They can be fined if they continue and you can collect from them as well.