OT: family member is harrassed by collectors except she dsn't have deb

She said she got several calls from people claiming to be from attorney general office and saying she needed to contact them about a legal matter(she wasn't home so it was messages on her answering machine). She has caller id and it was a legal firm who does debt collections. She was freaked out because she doesn't have any debt and was scared that it could be id theft. She is older lady(70s) and not computer savy so she asked me for help. I did some search online and it appears that this "law firm" has a pattern of calling people claiming that they owe money and refuse to provide any proof, they treaten people with jail, scream abuse at them, etc(all that came up as I was Googgling their name). I find the whole thing highly suspisious as I believe that regular collection agencies would provide written proof(I think its required by law). I guess I am wondering what to do here- I don't think she should call them but perhaps a letter requesting some proof of alledged debt? Anyone heard of anything like that?

13 years ago

Sylvie

Veteran

I used to get the occasional debt collector phone call back when I had a landline. I ignored them as I knew I didn't have any debt.

She can pull her credit report to confirm no one has opened cards in her name and no debts are listed.

I would agree that if they do manage to get her on the phone, that she require them to send written proof. She can provide her mailing address but refuse to provide any other personal details because surely if they have a debt in her name, they should know those already?

I wouldn't call back, but perhaps others who've experienced the exact situation could chime in here.

Makrame

I occasionally used to get phone calls from debt collectors who are trying to collect debt from someone else but for some reason have my phone number (completely different person/adress but my number). I simply ignored the phone calls and programmed my cell phone to stay silent when they call.

Recently someone called me "about a debt" and asked for some personal details. I told them I do not give out this information over the phone but they are free to send me a letter, to which they replied that the letter has already been mailed to me. Indeed, I got the letter in the mail, along with the explanation that I could contact the collectors in writing to request proof of debt. The debt turned out to be due to a payment that was applied to the wrong account and mistakenly referred to collections.

My understanding is that any legitimate collector in the US would provide a written notice even as /while they try to contact the person by phone, and that everyone has the right to ask for proof of debt by writing to the agency within 30 days of receipt of the initial letter.

Anonymous

I went through a similar experience a couple of years ago. Because I had no debt, I knew they either had me confused with someone else, or they were fishing for information. I asked them who they were after, and they provided another name. I told them I was not that person. When they asked who I was, I refused to tell them and hung up on them. They tried to call back a couple of times after that. I didn't answer the phone, and added their number to my call block list. I teach my DDs not to give out any information over the phone or online... EVER. Right now, there's a local election going on and we've been getting a lot of political calls. I gave my DDs permission to turn the land line phone off until the election's over. We all have cell phones, and hardly anyone we know ever calls the house number, so it's no big deal. Sometimes I wonder why I even have a land line.

MsMary

Under the Fair Debt Collecitons Act, they are obligated to stop calling if she sends them a cease and desist letter. I've done this, and it works. Here's a sample: http://www.bendover.com/cdletter.asp

rae

(website)

How frustrating! A friend of mine went through something similar. From her experience, I took away:

- Never acknowledge the debt as yours.
- Don't give them any information - as others have said, if they are legitimate, they should have this information. I would not even give them my address - they should have it.

If there is any question about whether the debt is attached to her through ID theft, I agree that it is better to pull the credit report and dispute the charges thorugh the credit card company, bank, or whoever is relevant.

Victoria

thanks ladies! I will make sure that I put together a cease and desist letter for her

biscuitsmom

That is horrible! You/she should contact the 'real' Atty General's office in her area to tell them about their posing as the AG. I think the law varies by state, but in Mn there has been a large number of claims against Debt Collectors for abusing the Harassment policies set here. Sounds like a scam, to me....unfortunately, many pick out Seniors who are less apt to question them or call the Police. Please tell her to NEVER give private info over the phone to anyone who calls and I believe they MUST give her written confirmation of any debt, which she has 60 days to refute. If they go ahead and give her a Summons to appear in Court, tell her to call and confirm it herself. If she doesnt appear, a Bench Warrant can be issued for her arrest. Most Debt Collectors will just call continually, rather than file actual paperwork, which can run into the hundreds of dollars to file. She will need to pay any costs they incur, if they go so far as to actually win their case. If her only income is Social Security, however, that is a protected asset and CANNOT be collected upon, no matter what they tell her. However, they can hold it up for a few months, depending on her bank. If she is worried that may happen, SS can always switch a automatic bank deposit to a debit card, which is way more secure than a bank deposit. So glad she has you to look out for her! PS- if you're curious why Im so familiar w/this, I went thru major financial trouble a couple of years ago when I had *zero* income for 5 months, until I was accepted on Social Security Disability.

There are scammers who do this regularly. The phone message is usually a recording. I just refuse to answer in general. But my son, who is a character to say the least, phoned them back one time and harassed them right back, with liberal doses of humour. The calls stopped.

Yay,JR's son! lol

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