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Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 7 years ago

Can debt collectors force their way into our home if the debt was from a previous tenant?

We've recently bought a house. The previous owner had let it to tenants who have a lot of unpaid debts. (The tenants had moved out before we even viewed the house.) We have received a number of letters (delivered by hand) from Enforcement agents delivered by hand. They have stated that they will return "with a van and a porter" to remove property. The letter also says: "We would prefer you to be present when the removal takes place but this task may if necessary be carried out in your absence."

How do I stop them getting in when I'm out?

How do I get them off my back.

14 Answers

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  • Anonymous
    7 years ago

    You say that you recently purchased this property. Did you and the seller go through the escrow process for the real property? If so, the title/escrow company provided you with good, clear, marketable title and a title policy to support it. Personal property (value or no) left in the house when the tenant vacated, becomes the responsibility of the seller. The previous tenant's debts are the collector's problem, not yours; Call law enforcement, and make a police report if they persist in harassment.

  • 7 years ago

    They can't force their way in even if the debt was yours. If they try, you call police, it's breaking and entering. They know perfectly well they can't go in without your permission.

    Call the number on the letters and tell them that you bought the house and the person they are looking for doesn't live there. Inform them that any attempt to enter the home will be criminally prosecuted and that any further contact will be reported as harassment.

  • Anonymous
    7 years ago

    We have already returned all previous occupant's mail to the sender with "Not at this address" written on the front of the envelope.

    Now they are delivering these threatening letters by hand. I'm don't think they believe that the debtors have moved out.

    They have stated that they WILL enter our property if we are out the next time they call.

    How can we protect our property when we are out?

    1. We can't prove who we are if we are out when the debt collectors call.

    2. We do not know where the old tenants are living. We have no way of contacting them and they left nothing of any value in the house. The previous owner of the house was the landlord of the ex-tenants with the debts.

  • 7 years ago

    It would be to your advantage to write a letter to these individuals that are making threats to you informing them you are the new owners and occupants of the property. You would want to include a copy of the transfer documents, or new title deed issued by the title company as well as one of the hand delivered letters.

    You would want to include that any forced entry, continued harassment or letters to your is not warranted, and should cease.

    Send this letter with a signature required upon receipt.

    There are attorneys that might write this letter on your behalf and on their letter head for a small fee. You would not be hiring the attorney for any other services other than writing the letter on your behalf.

    If you continue to get threatening letters from this debt collector, you might want to hire this attorney for additional legal work,such as making a personal telephone call to the debt collector.

    It is illegal for anyone to break into your house or place you live for any reason. The threats they are making are simply that a threat to enter the place where you live.

    As for me, I would have my shot gun close to the door and anyone breaking or threatening to my house would be a prime target. This is a legal act to protect yourself and family from potential danger. Of course if you live in a state such as California, make sure these criminals are facing you.

    For legal matters you should always consult with your attorney.

    I hope this has been of some benefit to you,good luck.

    'FIGHT ON"

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  • 7 years ago

    The only people who can force their way in without permission is law enforcement with a warrant.

    At this point, you need to clear up the confusion about identity. Call the number on the paperwork you have and explain the situation, be prepared to provide documentation, and let them know that further harassment will be considered criminal. Follow this with a certified letter.

    If they show up, call the police. They have a right to collect their debt and you have a right not to be harassed about debt that isn't yours. You simply need to clear the air about this confusion. You will probably have to be persistent. but be firm and they will get the picture.

  • 7 years ago

    Since these people are showing up at your door and giving notes then they are also telling you who they are and what company they are with. File a report with your state attorney generals office regarding their harassment. Next and this is for documentation purposes only contact the BBB in your area and file a complaint with them as well against the companies threatening you. Then contact a lawyer and have the lawyer draw up a cease and desist letter or you can draw up one yourself, but still contact a lawyer and have the lawyer speak on your behalf and then send the bill to the companies harassing you in the form of a small claims suit.

  • 7 years ago

    No they cant. Don't be upset by the 'bully boy' talk. It is standard debt collectors 'rhetoric'.

    THEY know perfectly well they can't legally enter, they are just trying to frighten the debtor into paying.

  • 7 years ago

    What country are you in?

    In my country, USA, if a process server comes you would tell them the person no longer lived at that address. They would lie.

    If the property in question is still at your house, you should arrange with the owner for them to come get it. This way they won't force entry when you are out.

  • ?
    Lv 7
    7 years ago

    If they enter your home without your permission and while you are out, they will have committed a crime. Since you know who they are, you can report them to the police.

    Collection agencies can get very nasty. Sometimes they do illegal things. I suggest you call the Attorney General in your state. Don't write to them....call them on Monday and tell them what's happening. You want to report this as soon as possible.

  • Anonymous
    7 years ago

    They can only remove property belonging to the person who owes the debt.

    You can surely easily prove that you are not the person who owes the money and that you were not the tenant at the time the debt was made.

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