Question about Debt Collection Laws!!!!?

I have calls 4 times a day on two phone numbers asking for me by my married name. I answered the phone today mostly because this is driving me crazy having all of these unknown number phone calls. The woman tried to make it sound like a family member was having an emergency and she needed contact phone numbers for my mother and father. I was concerned because my brother is in the army and thought it might have something to do with him. I give her my mother's number and tell her I don't have my father's and then she starts asking for addresses and where they work and all sorts of those type of questions (none of which I gave a direct answer to) and when I tell her I'm not telling her anything else until she tells me who she is with and what this is regarding. She responded "it is regarding a pending legal matter" After the call I research it and find out its a used car lot.My parents have been divorced for over 14 years Would this debt be invalid now? How can I make them stop callingme

I'm in Indiana if that makes any difference for what the laws are on the debt itself for my parents. Thanks for your answers so far.

Contact the company and tell them to "cease and desist" You have the right to do so. They can still attempt to collect, but they cannot bother you. I have had this done for my elderly father.

...Ok...here's what you do... Stop them from talking and say this... and make sure that they are listening... "according to the Fair Debt Collection Practices Act...you may NOT call this number any longer... if you continue to call this number, you will be reported to the State Attorney General for being in violation"...Let me talk with your supervisor now... (see what that does)... Technically, they must stop calling... all they can legally do is write you...

If you can document that it is the same place calling you multiple times a day, then you have a case for harassment. I had a similar situation. I had the name of the person who kept calling and sent a letter to the agency that he worked for about the situation. The calls stopped. Now, if that doesn't work for you, you may have a legal case.

The fastest way is to change your number to a new unlisted number. But if that is too much trouble, next time they call tell them the following:

1. Tell them never to call you again, that your parents do not live with you, they cannot be reached through you, you are not their personal message service, and their debts are none of your business.

2. Tell them that if they do not abide by your request and remove your number from their call list, their calls will be traced via the phone company and you will be filing harassment charges and filing a report with your state's Attorney General. Granted, people threaten them with harrassment charges all the time, but when you tell them you will get the Attorney General's office involved, they typically realize that you are aware of your rights in this situation. They have no right to continue to bother you since it is not even your debt.

Whether or not the debt is valid depends on several factors, including your state's laws.

First of all it is illegal for a debt collector to pretend to be someone else. When you ask them who they are and where they are calling from they have to tell you the truth. These are the tricks that bottom of the barrel debit collectors use.

I highly suggest you contact you local better business bureau and file a compliant. Next send them a letter by registered mail with a return receipt with the following information:

Your Name
Your Address

Collector's Name
Collector's Address

Mr./Ms. Collector,

I am writing in response to your constant phone calls!

According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!

In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:

are terminating further collection efforts;
invoking specified remedies which are ordinarily invoked by you or your company; or
intend to invoke a specified remedy.
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.

Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.

Signature
Your Printed Name

Make sure that you keep a copy of the letter and keep the return receipt from the Post Office. If you get a call after that then tell the person that you have sent a letter to stop the harassing calls on so and so date. Tell them if they continue to call you they are in direct violation of the Fair Debt Collection Practices Act and if you receive any further calls you will be taking legal action.

Finally, the debit is still a debit unless a bankruptcy has charged off the debit. Nevertheless, DO NOT make any payments! A debit is cleared off your credit report in 7 to 10 years and if you pay even one cent on the debit it will reactivate the debit and go back on your credit report as a negative item.