Debt Collector Heavy Breather

I had a collection agency call me on New Year’s Eve at 7:00 pm to inform me that they have filed both a civil suit and a criminal charge against me in the Dallas court.

The debt to which they are referring was charged off by Chase bank in 1999, and they said the last time they sent out a notice was in November of 2005. I can’t find any record of this, but I do recall an old credit card from around that time that had an original balance of something like $200.

They are claiming that the Dallas county sheriff (they even used her real name) would serve me my papers as they have already filed the charges  but they said they haven’t yet “formalized” the charges and were giving me one last opportunity to make amends.

Again, the last activity they showed was in 1999. I’m looking for my notes but I believe the criminal charge was malicious intent to willfully defraud and theft of goods or something from a bank.

Anyhow, I need to know if this is even possible. I’m just getting over a deferred probation for my soon to be ex-husband writing a hot check on an old account. It’s due to be over on Jan 11, but I’m concerned that any filing of criminal charges could violate the terms of that deferment.

Any comments on the legality of their statements?

Also, there is another number that calls my cell phone no less than 10-30 times a day but never leaves a message other than a bit of breathing. it seems to be a collection agency for ATT. They call from 745 am to 930 pm every day of the week. How can I make this stop?

THANKS!
Jen

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Hi Jen,

Sounds like the debt collectors are up to their dirty tricks again.  So, it’s time to revisit the Fair Debt Collection Practices Act (FDCPA).  Today we’re going to look at FDCPA 1692e(4), 1692e(5), 1692d(5), and 1692c(a)(1).  Ready?  Here we go!

“…but they said they haven’t yet “formalized” the charges and were giving me one last opportunity to make amends.”

“The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person…” is a violation of FDCPA 1692e(4)

Texas statute of limitations is four years and this is a debt from 1999? 

“The threat to take any action that cannot legally be taken or that is not intended to be taken” is a violation of FDCPA 1692e(5)

Ring!! Ring!! (heavy breather)

1692(d)(5) prohibits “causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”

“They call me from 745 am to 930 pm”

1692c(a)(1) “…a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location”.

So there you have it folks, the good ole’ FDCPA.  That’s quite an impressive list of violations we’ve compiled against the debt collectors in this article. 

There’ll be a quiz on all of this tomorrow. 

Any debt collectors that fail must pay $1,000 plus attorney fees.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.