Question:
A collection agency called me at work and made all sorts of threats.
I told them I intend to pay them in full as soon as my house sells but
there is a small possibility I will have to declare bankruptcy. He
said NO CHANCE, and that they would fight the bankruptcy and after
they were through the judge would not grant it. Then he was
questioning purchases on my credit report as to my ability to pay them
before I make other purchases. He said it's not his fault I am
irresponsible and live off plastic. He then said I am going to court
and I will have to pay for their legal fees. He also threatened to
garnish my wages and seize my house. Then he was threatening to go
after my spouse for which I do not have. Then he said I was being
recorded and that he is using certain things I said against me in
court. After he said that I hung up the phone. My friend then called
them back and said do not make threats unless you plan to follow
through like the law requires. I think they thought he was my lawyer.
My question is this: Are these scare tactics or is what he said
viable? If I were to go to court would I have to pay their legal
fees. Will I have to go to Georgia? Again, I do not question what I
owe them and I plan to pay them in full.
Answer:
They are not allowed to harrass you like that. They are allowed to call you
only between certain times, once a day, and are only supposed to relay their
name, phone number and debt amount (or anything else pertaining to the debt --
address to mail your payment, etc...). If they call you at your job, tell them
you are not allowed to accept these calls at work and not to call there any
more....then hang up. Please look up the "Fair Debt Collections Act" and you
will see all the details about collection agencies and what they can and can't
do.... it helped me tremendously.
Also, if you do not wish to go bankrupt....go to the library and find the book
called "Stop It!" by Benjamin Dover -- yes, thats really his name.... That
book will also help you... he will walk you through everything step-by-step on
what to do with collection agencies.... trust me, read this book.... He tells
you things in this book on how to handle them -==- I know, I've done the things
he said in his book and would refer it to anyone in financial hell... Good
luck! I hope all works out well for you!
