LOL! Debt collectroll in trouble for harassing ME over my parents' debt!

[liberalhistorian]

You'd think these fuckers would be able to learn something at least once in awhile. My parents, both retired teachers, have run into some financial trouble these past several months, for the first time in their lives. My stepdad retired several years earlier than normal due to the onset of Alzheimer's Disease (he's only 61 and he retired at 57). My mom retired many years earlier to be available for him. So both of them lost a lot of money doing that right off the bat (teachers in Ohio don't get social security since they pay into the state teachers retirement system and not ss).

Then, several months ago, their health insurance costs were raised by several hundred dollars a month (they're not yet old enough for Medicare), which took a tremendous toll on their finances. They'd refinanced their house a few years ago and their mortgage payments are much higher than they can afford right now since their insurance premiums were raised so drastically. So, everything's fallen hopelessly behind and they're about to file bankruptcy because it's really the only way out right now. Decades of good credit and financial responsiblity mean NOTHING to these fucking creditors now, who are hounding them relentlessly, every day, all day, some of them calling several times a day.

I field the calls for them, since I'm a paralegal familiar with the Fair Debt Collection Act and I know consumer rights regarding exactly what collectrolls can and cannot do. Most people don't know this and the collectrolls and their collectroll agencies count on that. A lot of them are really nasty, demanding the full amounts immediately and threatending jail and worse if they don't get it NOW, which is total bullshit because it's illegal to do that. They sure do change their tune quickly when I explain who I am, what I do, and that I know their game and I will not hesitate to report them for violating the FDCA. What I hate is how horrible they make people who are already in a bad situation, and feeling horribly about it, feel and how they grind them down into the dust. People who are having financial trouble ALREADY KNOW they're having trouble, they don't need collectrolls to grind them down even further.

My mom had to explain to one collectroll over and over and over again that she just did not have the money even for a smaller settlement (which is true, they are absolutely broke right now, having used up all of their savings trying to keep their heads above water and pay their obligations); she was being very polite and the collectroll just would not let up. She kept saying things like "you'll have to borrow it from friends or family", or "you'll have to find something to sell", etc., etc. All so she could get her fucking fancy commission from someone else's misery and misfortune. Like I said, I know that field inside and out, and I know exactly how much these fuckers make and what kind of commissions they get, it's fucking sickening. So, I finally took the phone away from my mother and said "this is their daughter, do you not understand English? They do NOT have any money available right now, how many times does she have to tell you that? Please leave them alone now. Thank you, goodbye!" I slammed the phone down, and let me tell you, that felt good, too!!!

Anyway, today one of the fuckers called and this time I answered the phone because my mom just could not deal with it anymore. She'd been up half the night with my stepdad, who has begun wondering around the house in the middle of the night. He started off asking for either one of my parents, and I politely said that they were not available at the moment. He then said "who am I talking to?" I identified myself as their daughter. He then had the nerve to ask my name, which they cannot do to a third party. I told him it was not his concern what my name was, this time a little less politely. He then asked if I knew whether or not they had an attorney. I said I didn't think they did, which is true, because they're looking for a bankruptcy attorney right now. He then said he thought I was lying and demanded the name of their attorney. I dropped the politeness pretense and told him that they did not yet have one, and even if they did I wouldn't tell him because it was up to my parents and their attorney to do so. I also advised him that I was a paralegal who was quite familiar with his field and I wouldn't hesitate to report him if he kept up the way he was going. He then got very angry, once again demanding to know my name. I refused, of course. He then said "you need to get their ass to the phone because they need to call me by noon today." Well, it was already ten in the morning, and I told him that just wasn't going to happen, they weren't going to be available at that time. He then SCREAMED into the phone "where are they? You better tell me right now!" I told him there was no way in hell I was going to tell him that, it was none of his business anyway, and he legally CANNOT ask that question of a third party! I then demanded to know who he was calling for, since he'd never identified himself and the company he was calling from. He refused, and I finally hung up on the fucker, since it's illegal for them not to even identify themselves.

But we have star 69, so I was able to find out where he'd been calling from. I immediately asked to speak to a supervisor of the collection department. When I was connected, I explained who I was, who my parents were, and described the call in detail. He listened, then said all the calls were recorded so he would try to find the recording based on the time and my parents' name. He found it, listened to it, and called back apologizing, saying it would never happen again, and advising me that "that particular employee" had been appropriately disciplined and, again, they were very sorry! I hope that fucker was fired. Speaking from a purely legal perspective, he could very easily open up his company to some major liability and fines for violations of the Fair Debt Collection Act, which is why, had he been my employee, I would have fired his ass on the spot. At least there is some justice in the world once in awhile!

BTW, I started an independent paralegal services business several months ago. While I already prepare simple bankruptcy petitions under the supervision of my former attorney boss and silent partner, I've now decided to include assistance with debt problems, debt collections, identity theft matters, and assistance with straightening out credit/debt matters and credit scoring, and what their rights are as far as credit checks for employment, insurance, etc. (I also used to work for an employment screening company, so I'm familiar with this field also). And I know the Fair Debt Collection Act and the Fair Credit Reporting Act in detail. People shouldn't have to deal with fuckers like this, or any relentless creditor, and being kicked in the pants when they're already down in the dust, and I intend to use my knowledge and skills to help with that.

[GreenPartyVoter]

1. Holy crap! We went through bankruptcy and the creditor calls were bad but

nothing like what you described. This is very much beyond the pale and I am glad you are doing everything you can to protect your folks and others in this situation.

[liberalhistorian]

6. I know, usually the majority of creditor

calls aren't too bad and they stay within the law, but the ones who don't really make things much more difficult than they should be. What I hate is how they make you feel like you're some deadbeat lounging around on the beach eating bon bons with a drink in your hand, which is just NOT true at all. Most people in such situations WANT to pay their obligations, they hate not being able to do so, and they don't need any more shit piled on them. Certainly not from people who are making their pretty damned good living off of the misery and misfortune of others. They have jobs because too many other people don't.

[merwin]

2. I'm so sorry! I'm just glad your parents have you to help them out. n/t

[Ellen Forradalom]

3. Amen. They're very lucky to have you.

You keep fighting for them.

[liberalhistorian]

5. I intend to do just that;

they've always fought for and helped me no matter what, so now it's my turn. I may not be able to help them financially as much as I'd like to, although I do buy most of our groceries and household needs and pay some of the utility and other bills.

[TroubleMan]

4. That shit is horrible....however, sometimes I fuck with the telemarketers

If you want them to leave you alone, try this:

If a woman calls, I hit on her, ask her what she's wearing, when can we get together, ect. If a guy calls, I act like I'm gay and do the same thing...LOL....they hate that. Or sometimes I put on an old man voice and tell them how lonely I am, just me and my cats, and if they want to be my friend, and can I call them later. I ask for their phone number, ect. It freaks a lot of them out.

Most of the time I just pick up the phone and hang it right back up, but some will just keep calling, and that's when you do that.

Since you're a woman, pretending that you're hitting on the guy probably wouldn't work....they might like that, but just make a joke of it instead of arguing with them.

Try something really stupid and fun and just mess with their heads. What's the use of arguing...they can't do anything anyway, right?

[liberalhistorian]

8. LOL!

I like your style! But these aren't telemarketers, they're creditors, and there's a big difference. Most things that work with telemarketers don't and can't work with creditors and collectrolls.

I'd just like to know how those people can sleep at night, especially the medical debt collectrolls. My uncle is dying of cancer, and he and my aunt are having to constantly deal with the fucking medical collectrolls. They have insurance, but after two years of fighting cancer, you can imagine how the co-pays, deductibles, and non-covered fees have added up. They may even have to sell their home just to keep the fucking vulture collectrolls and the greedy hospitals off their ass. My best friend went through that shit also when she had cancer, which is absolutely sickening. The last thing you should have to deal with when fighting for your life like that is a fucking debt collectroll, especially the medical ones. But just try telling the "profits before people" repukes that.

[TroubleMan]

10. Can't you still mess with them?

Fuck 'em .... make their jobs harder. I hate leeches like that....I got an idea:

When you recognize the number on the caller ID, act like a female version of Batman or something (the Adam West version).

"Hello"
"Can I speak to (your parents name)"
"Commisioner Gordon?"
"No I'm here to talk about making a payment."
"Making a payment....hmmm...sounds like The Riddler!"
"What are you talking about?"
"Making a payment!!! They must be planning on robbing the IRS!!!"

.....

Just go on like this so they can't get anywhere....it's fun.

[liberalhistorian]

12. ROFLMAO!

I love that, I'll have to try something like it. God knows we get enough of those calls now, so I'll certainly have a lot of opportunity. Thanks!

[driver8]

20. Get one of those air horns that people use at sporting events

Everytime that m'fer calls, give him a blast in the ear with the air horn.

That'll fix his little red wagon...

[liberalhistorian]

47. Oh, I would LOVE

to do that, lol! Just my luck the fucker would turn around and sue ME for harassment or "intentional infliction of emotional distress", or some such bullshit.

The greatest poetic justice in the world would be for these fuckers to lose THEIR job or get a major illness or have a child/spouse get a major illness and then have to deal with their fellow collectrolls from the OTHER end of the line. I have no doubt that karma really works, what goes around comes around, and that this will happen to more than enough of the fuckers.

[Xithras]

32. Oh yes, I once tried this...works great and INFURIATES them:

I had some credit problems about 10 years ago and had my own enjoyable experiences with collection agencies. The most effective trick I found is this:

When the creditor asks for you by name, ask what the call is regarding. If it's obviously a creditor, just say: "Yes, he's out back right now. I'll go get him." Then set the phone down on a counter and just walk away.

I still use this on telemarketers and it absolutely drives them nuts. Often they'll sit there for 10 to 15 minutes waiting for someone to pick up the phone before figuring out that they've been had, and that they just wasted an incredible amount of time for nothing. If they hang up and call back again, play along with an "Oh, I'm sorry. He must not have heard me. I'll go get him for you." Ignore any interruptions as if you didn't hear them, and set the phone down again. I once strung a guy along for nearly an hour this way :)

Both telemarketers and collection agencies have a fairly low return for the number of calls they make, so they depend on annoying a large number of people in order to make a reasonable profit. When you slow them down by wasting their time, you can DIRECTLY cut into their income.

[liberalhistorian]

38. LOL!

Sounds like a good plan to me! What I really hate is how they immediately start in on you when you do answer and get mad when you try to disconnect the call and they ORDER you to stay on the line as if you are REQUIRED to be harassed by them and listen to their bullshit. And when they leave messages, they go on and on and on and on, taking up the tape on your machine; they always say "this is John or Mary", without saying where they're from, too. And as if anyone is EVER going to return their messages, lol!

[LynneSin]

27. I can almost guarentee they sleep at night because they're not progressive

thinkers.

Seriously! How can anyone who is a progressive thinker actually get on a phone and treat another human being like that. I realize these collectors have a job just like the rest of us but there are limits to how far you should go with them.

I went through my credit problems about 6-8 years ago. I just stopped answering the phone and let them screen through. But I never encountered anyone as nasty as what you have described (probably because I only owed about $4000 tops).

What we need is collectors like the one you described calling up Bush demanding when he'll pay off the debt he's created

[liberalhistorian]

31. That's for sure!

But one thing among many others that I'm sure Baby Bush has never had to deal with is collectrolls and their agencies, even when he was running his businesses into the ground and hemoraghing money left and right. Daddy and Friends took care of all of that for him.

As far as being a collectroll, I have never, ever understood those people. I had some offers to do that when I first got my paralegal certificate, but I told them to stuff it, that that was NOT how I wanted to use my knowledge and skills. I intended to help people, not fuck them over when they were at their most vulnerable and when they were dealing with tough times. There will ALWAYS be people willing and able to be on the side of companies and corporations for big bucks; what is needed are people who will fight for those who don't have enough resources to fight for themselves.

[NightTrain]

7. WOO-HOO! CHALK UP ONE FOR LH!!!

:yourock:

[liberalhistorian]

9. LOL!

Thanks, Dean! Are you feeling better yet?

[brokensymmetry]

11. First, my compliments.

You're doing a wonderful thing, helping your parents during what must surely be one of the most painful times in their lives.

And now, a question. Why give the collectrolls any information at all? Seriously? If they ask who's speaking, just respond that you don't feel like telling them. If they ask whether your parents have a lawyer, give them the same answer. It would surly annoy them (which isn't a bad thing!), and, at this juncture, it seems pointless to be at all civil to them....

[liberalhistorian]

14. Well, that's a good point,

and my mom and I have done that before. What really annoys them is that I know what they can and cannot do under the law, and they resent that. They want to be able to harass people however they want without any consequences. I do intend to ignore any of their questions from now on.

Frankly, they cannot legally ask a third party such as myself any questions at all, so I'm perfectly within my rights to refuse to answer anything at all. I've been trying to be polite, but I'm fast losing what very little patience I had. My parents have been hard-working and financially responsible all of their lives and that apparently counts for shit; for them to have to be put through something like this infuriates me. Especially when we already have our hands full with my stepdad's worsening Alzheimer's at only 61.

[Blue Diadem]

13. I'm glad you were there to take care of that scumbag!

That's just awful that they treat people like that. Your parents are very lucky to have you!

I have a question if you don't mind..

One of the jobs I had a few years ago, included me answering the telephone. Is it legal for those scumbags to call people's place of employment? I remember getting nasty with the collector because he'd call for one of our waitress's, totally disrupting her service. He threatened me with interfering with his collection, so I let it drop. I felt so sorry for her because he didn't hesitate to tell me (or any other employee) who he was, what it was about etc. She was so embarassed and didn't know if she could ask him to stop calling her at work.

[liberalhistorian]

15. The answer is NO,

they ABSOLUTELY CANNOT call you at work. If they do and you request that they no longer do so, they MUST comply with that or they're in violation of the FDCA. He was also way out of line in threatening YOU, that's illegal. You DO NOT HAVE TO TELL THESE PEOPLE SHIT if you're a third party. Actually, you don't have to tell them shit if you're the debtor, also. So, if you answer the phones at work and a collectroll is demanding to speak to so-and-so, you can legitimately tell them to stuff it. And they CANNOT threaten you, either.

And for debtors, just because they call you doesn't mean you have to tell them a damned thing. You can also request (it must be in writing) that they not contact you by phone, that they may only communicate with you in writing. In accordance with the FDCA, they must comply.

[Spirochete]

16. Jeezus F'ing Christ!

What a nasty bastard - even for a collectroll! Your folks should just change their phone to an unlisted number, because those people will probably keep calling. Don't know what gives these assholes the idea that everyone that says they're broke is lying, and really has a mattress stuffed clear full of $100 bills.

[liberalhistorian]

17. Because THEY DON'T CARE,

all they see is dollar signs since, in addition to their base salary, they get a commission on what they collect. And a lot of them make some pretty goddamned good money, which is really sickening.

And, as a paralegal, I have special disdain and contempt for corporate and collection attorneys who use their knowledge and skills to screw people instead of help them, at a time when the need for legal services for lower-income and even middle-income people who can't afford lawyers has never been greater.

[RubyCat]

18. It is possible to set up a 900 number that you give only to the

debt collectors and telemarketers? When they call, their company gets charged $9.99 a minute to their phone bill.

[liberalhistorian]

19. LOL!

Oh, man, if only we COULD do that! But then, they'd probably come after us for the phone bill as well.

[bratcatinok]

24. Ugh! Sears is the absolute worst!

We had to finally break down and declare bankruptcy after all of our savings had been depleted due to my (now ex) husband's chronic lymphocytic leukemia. He was in and out of the hospital with staph infections to the point he almost lost his arm. He was getting blood transfusions every other day. Chemo, infections, you name it. I carried the insurance for both of us and I was doing the best I could to keep a roof over our heads.

Sears called me at work after the initial bankruptcy petition had been filed. I told them not to call me at my office. Gave them the number of our attorney and gave them the home number. They still continued to call me at the office. Called me a deadbeat, a thief, yelled at me, told me I was lying about filing bankruptcy, refused to take the attorney's number down, told me to bring everything I had ever charged to my Sears card back to Sears, etc.

Snicker, I got my revenge as I worked for a major bank and I let them continue on with their diatribe and finally told them their phone call was being recorded just as every phone call that came into the bank was recorded. Never heard from them again.

[hickman1937]

21. Good God Almighty, I just found a reason to get sober.

Thank You. I thank God your parents have you. I have to go do some work now, Thanks. Prayers tonight for your Mom, and Stepdad.

[earth mom]

22. Sorry you and your parents are going through such hell...

the best solution is to screen each and every call using an answering machine where you can hear messages as they're being left-that way if your parents want to speak with the caller it's their choice and they don't have to put up with any abuse. Some machines pick up calls without even ringing, which is more peaceful instead of the incessant and persistent ringing of the phone.

Good Luck!

[Squeech]

23. Naive question

If this particular collectrol's behavior is already over the line, do you have any recourse? Could you threaten to sue loudly enough (and with good enough evidence, which it sounds like you have) to persuade them into a settlement, and cancel out the debt?

How does FDCA really work, anyway?

[liberalhistorian]

30. Yes, actually, there is plenty of recourse

available. You can report them to the FTC for violations of the FDCA; the FTC generally takes such allegations very seriously and does not usually just sit on them and do nothing. Collectrolls and their agencies know this, which is why advising them that you know your rights under the FDCA and will act accordingly usually puts the fear of God into them when nothing else really will.

Theoretically, you could try to persuade them to settle a debt in lieu of reporting them., but I'm not sure that would really work. Collectrolls have to answer to the original creditor, their client, who might not be too happy to hear what's going on. One thing I've always done when faced with such behaviour from a collectroll and/or a collectroll agency is also report them to the original creditor, who usually does NOT want their debtors treated that way largely because it's bad public relations for them and because the agency then faces liability under the FDCA. Collectrolls don't want their behaviour reported to their client either, which is another way to show them that they cannot harass you and violate the FDCA in their treatment of you.

For the full text of the Fair Debt Collection Act, just google it and it'll pull right up. You should also pull up the Fair Credit Reporting Act as well, to know your rights when dealing with credit reporting bureaus.

[Midlodemocrat]

25. Wow that is unreal!

We had a similar type situation a couple of years ago. My husband has a pretty common name and there is another guy around here with the same name who is an absolute deadbeat. We started getting calls, letters, etc for this guy, even a wedding invite, so things were really messed up. Once we even got a death threat from a less that satisfied customer.

Anyway, long story short, I answered his office phone one day and was told that a collection agent from AT&T was on the line. It didn't hit me right away, but we don't have AT&T. I got a call back number and thought I had straightened it out. Interestingly, when a phone company has a debt owed and can't find the person, they look through the phone book for the same name. Incredible.

The next day, I got a phone call from this same collection agency. I explained to the girl what the story was and she started screaming at me about paying my bills. Then she did the lalalalalala, I can't hear you thing as I tried to tell her they had the wrong people.

Well, I hung up, got the supervisor on the phone and told him he had 10 days to fire her or I would sue for harassment, because it is illegal to harass a debtor, especially when you have the WRONG ONE.

I got a certified letter that she had been terminated. Case closed.

[RadicalMom]

26. Get them an aswering machine, one with an adjustable amount

of time for incoming messages, and make that short. Tell them to screen ALL calls. They can't really harrass them if they can't talk to them, and a short incoming message won't leave them enough time to get started. Otherwise, there is no law that says you have to listen to them or their message, so they should delete them the second they know who it is. They are also under no requirement to sign for letters that come to their house. They can refuse that altogether, so if the sender wants proof of receipt, they aren't going to get it. I would consider getting a post office box, changing the address on all their accounts to that one (even better if they get a box from a place that uses a street address instead of a box number, like private Mail Boxes, etc. like places.) They can pick up their mail when they like, with less of a chance that some moron will show up at the door. The creditors aren't owed anything but the money, and your parents can delay making a settlement arrangement until they can work things out. If there is something like a legal aid organization, or , maybe something through the teacher's union, they can get advice. Some industries even have emergency bailout funds associated with them, as some of the motion picture industry organiaations do. Good luck to all of you.

[China_cat]

34. We did that after my husband had been out of work

for 2 years and we had exhausted everything trying to keep the house, the car and pay for my medical (no insurance)

But my husband is Dutch and recorded the message in his native language. If any of the collection agents ever had it translated, they had a shock coming...it was very rude.

[elehhhhna]

28. Just get that BK filed and VOILA! No calls--house, car & pensions

untouchable--

I bought my BK filing stuff off the net for 75 bucks (okay I have a little legal background--I don't think Id advise the general public to do-it-yourself--) , sent it in with the 200 dollar filing fee, and BOOM fixed!

The BK Court couldn't believe it ws a DIY with no attorney. He was quite impressed.

I BLAME THE MEPUBLICANS.

[noonwitch]

29. I once had creditors harrassing me about my sister's student loans

I never was a co-signer or anything like that. I have an unlisted number, and she swore she never gave them any information about me to them. You would think they would have been bugging my mom or dad about it.

[sendero]

33. These people ..

... are a different breed for sure.

A couple weeks ago, we got a call that normally I would have let the machine get, but for some reason I picked it up.

It was for my wife. It seems her ex-husband (divorced in 1996) owes American Express a modest amount of money. The collector was all over my wife, asking questions about where her ex is (she has no idea) and stuff like that.

At one point the collectroll implied to my wife (who takes crap from nobody!) that she could be liable for the debt. My wife, in a calm matter of fact voice and without profanity, told her she knew that was total bullshit (which it was). The collectroll bitch got all huffy and offended and made some snarky comment about my wife's attitude and hung up.

I wish I had it on tape :)

[liberalhistorian]

37. Good for your wife!

And I would take the time to report that collectroll bitch to her bosses and the original creditor ASAP. That simply should not be tolerated.

Your wife experienced a problem that is very widespread, the hounding of people for their ex-spouses debt; it can even, and quite often does, occur many years after the divorce was finalized and long after the whereabouts of either spouse isn't known to the other, especially if no children are involved. This happens far more often than people would like to think. Divorce agreements will often spell out who is responsible for which debt, and that the responsible spouse must hold the other harmless from any liability of the debt. The non-responsible spouse will then think he or she is free and clear from the debt, but many creditors think otherwise because all they care about is their money. In the case of a mortgage, the lender must also agree to sign off on any settlement regarding who is responsible for the house and the mortgage, a fact not often known to a lot of divorce attorneys. This means that if the responsible spouse fails to pay the mortgage, the other can be held responsible by the lender regardless of what the divorce agreement said. It totally sucks, but it's legal, unfortunately.

Your wife was correct, however, in that she is not responsible for her ex-husband's debts, no matter how "huffy" a fucking collectroll, who only cares about her commission and not about who is actually responsible for the debt, gets. And it's beyond my understanding why collectrolls can't understand English when people tell them that they've been divorced for YEARS and have no idea where their ex is (that's kinda the point of divorce, isn't it?), and that they are not responsible for their ex's debt.

I once dated a man whose ex-wife had stiffed him with all of their bills, even though the divorce agreement had clearly spelled out which ones she was responsible for and that she was to hold him harmless and indemnify him for said debts. They had no children together (it was a second marriage for both of them), which meant that they had no idea where the other was once the divorce was final. NINE YEARS LATER he is STILL getting mail and calls from collectrolls demanding he pay HER debts and refusing to listen to any explanation. I finally got on the phone with one of them and told them exactly what I thought of them, that what they were doing was illegal, that he'd been divorced from her for NINE YEARS and had NO idea where she was and was NOT responsible for her fucking debts and that if he was NOT left alone immediately, there was going to be a problem. That took care of that particular collectroll, but it's like whack-a-mole, they just keep coming. Often, they'll threaten him and harass him, and some have even put HER debts on HIS credit as a refusal to pay, which is total bullshit. FUCKERS, ALL OF THEM.

[davsand]

35. A few suggestions:

If this is for a medical debt, find out if it is a Non-profit hospital involved. IF it is, (and it probably is given the fact that over 80% of our hospitals are non-profits) call the local hospital and talk to the CFO about the collection practices they are using. Ask about charity care, and what EXACTLY are the guidelines they follow for eligibility. Be sure to mention the Scruggs CLASS ACTION suits being filed in state courts on th issue of medical billing and charity care...

At that point, if they don't call off the dogs call your State AG and your state Dept of Revenue. Find out what they have to do to qualify for that nice TAX exemption they get for being a non-profit. When you chat with the AG's office be sure and discuss predatory collection practices along with any billing issues you have encountered.

Virtually every state has SOME requirement of charity care provision in order to qualify for exemption. Feel free to call your local tax assessor too.

I'd also suggest calling your local newspaper and chatting with them about how local taxes support that hospital and they treat LOCAL folks (TEACHERS, fer gawds' sakes!) who fall on hard times. I'd lay on the pathos as thick as it deserves...

I am like you--I've been fighting it too--but my end of it has been in the legal system using the property tax laws. Make them work FOR you. We got one hospital stripped of tax exemptions--it has cost them over 2 million in taxes already, plus legal fees to fight the property tax exemption loss. They have begun to change policies as a result.

Best of luck--feel free to PM me for info if you want more.


Laura

[liberalhistorian]

36. Thanks, Laura, I have often

appreciated your in-depth knowledge and experience on this issue, especially since medical debt and the collection practices of hospitals and doctors particularly infuriate me. I'm trying to learn as much as I can about it because it's one area I want to work on in my independent paralegal business. The Cleveland Clinic, in my area, is currently (and FINALLY) being made part of a class action suit over just this issue, and it's about goddamn time.

Unfortunately, most of their debt isn't medical, they've just gotten horribly behind because of the tremendous increase in their health insurance premiums due to the horrible mismanagement by top honchos of the state teachers retirement system who are more interested in enriching themselves and turning their headquarters into a royal palace than they are in the welfare of the teachers who've worked so hard for so long and for whose welfare they are supposed to be safeguarding. It would, indeed, be a lot easier to deal with if it was medical because I would not allow the hospitals/doctors to get away with it, especially since they've owned and worked for their house for thirty years now.

[amazona]

39. why don't they just ask them to stop calling?

Under the Fair Credit Reporting Act your parents are entitled to tell creditors that they can no longer contact them except if they are filing suit. Or did this change? This is how several of my friends stopped the calls. The risk is that the debtor will then immediately be sued by the creditor but since your parents plan to file bankruptcy anyway, this is no risk at all.

Did this law change? I just don't understand why you are even speaking to these people.

A few years back, a friend of mine recorded a bunch of dunning calls made after she'd already told them to stop calling, and she was able to get something in a lawsuit against the collection agency. Can this no longer be done?

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[liberalhistorian]

40. Absolutely it can still be done.

The request has to be in writing. There are several caveats, though. When you send the written request for them to stop contacting you by phone, it only applies to that PARTICULAR debt and not to any others they may have with that creditor or any other debts that particular agency may be trying to collect from you. My parents are so far behind, unfortunately, despite all their attempts to keep their heads above water, that it's like a game of wack-a-mole; you get rid of one collectroll and another pops right up to take its place.

[amazona]

41. ok thanks -- good to know

It did seem to take my friend a long time to track down all the creditors and stop them from harassing her, but it was one in particular who kept calling after they'd been notified. Urgh. I listened to some of the calls she'd taped. An ugly business.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[liberalhistorian]

42. It can, indeed, be an ugly

business. To be fair, most agencies really do comply when you submit a written request and will only communicate with you by mail. They don't like it at all, but legally, they must do so. They know the FTC won't screw around as far as fines and other penalties, either, and they don't want to leave themselves open to legal liability.

That doesn't stop the more unscrupulous or overzealous ones, of course, but they too often get away with it because they know most people don't like dealing with collectrolls and most people aren't aware of all of their rights in the matter and they take advantage of that. I try to tell as many people as possible of their rights as far as the FDCA and the FCRA.

[radfringe]

43. a friend of mine

got a call from the IRS -- looking for her ex-husband -- they had been divorced for over 15 years

apparantly he had been claming the kids on his tax returns -- in the divorce agreement -- and since he wasn't paying any support -- she got to claim the kids

so the IRS is trying to track him down to get their money back -- however he had died a couple of months back

the IRS asked for his address -- my friend told IRS that he was dead -- they insisted on an address -- so after a few minutes of trying to be reasonable and explain that he was dead and the IRS insisting on an address -- she gave them the address to the cemetary -- plot number and all

she never heard back from them

[liberalhistorian]

44. LOL!

Talk about shutting them up! I've often told friends how to handle collectrolls when they call about an ex-spouse's debt (often when they've been divorced for YEARS) and when they insist on knowing the spouse's whereabouts, refuse to listen when told the whereabouts are unknown because they're DIVORCED (sometimes I think these people need a dictionary), and when they insist that the person they're talking to is now responsible for their ex-spouse's debt, which is total bullshit. Intimidating bullies is what they are.

[davsand]

45. I temped for a collection agency one time.

I was a "Kelly girl" and I was assigned there for a short term assignment--something like three weeks. Anyhow, I got a case file thru that was some poor old guy who'd had some kind of terminal cancer that required home IV treatment. There was a note on the file that I was to call this guy's family and check to be sure he really WAS dead... (like he's gonna go out and party or something when he's on IV therapy?)

Anyhow, I call this poor family and yes, they tell me he really is dead. They tell me he'd gone back to whatever place he was from in Louisiana and he'd died there. I express my sincerest sympathies and get off the phone.

My temp boss looks at me and asks me if I asked them for a copy of the guy's death certificate!!! I tell her, "NO. It was bad enough to have to even call them--let alone keep on picking on this poor dead guy." She gives me this dirty look and snags the file off my desk.

I heard her later that afternoon on the phone with the office of vital records in some place down in Louisiana. I have NO idea what was actually said, but her end of it went something like this:

"No, we are not parasites. We are a business. Yes, we are attempting to collect a debt, and we have been hired by a company that _______ owes money too. No, we are NOT leeches. We are attempting to collect a debt..." It went downhill from there and she finally ended up hanging up the phone.

She closed the case file.


Laura

[liberalhistorian]

46. ROLFMAO!

I just love it when medical collectrolls are told to their face exactly what they are! Collectrolls are bad enough, but MEDICAL collectrolls are the absolute scum of the earth, I hold them in particular contempt and disdain.

My best friend fought cancer for five years and won, but what she and her family had to go through in the meantime with these fuckers was just horrendous. She was near death at one point right before her stem cell transplant and a collectroll had the misfortune to call right after her mother and brother had gotten home from the hospital not knowing if they'd see her alive the next day or not. She had insurance but the co-pays, deductibles, and non-covered treatments were killing her and her family, who actually had some money and were pouring every cent they could into her treatment. This collectroll was from the hospital's collectroll agency and she started right in on my friend's mother.

WRONG thing to do! Not only did her mother let her have it but good, but she offered to take her to see my friend in the hospital the next morning, since the collectroll was under the impression that my friend was just faking her illness and near-death status. Her mother said she wished it was the collectroll in her daughter's place (horrible, I know, but imagine her emotions at that time). She then called up the hospital ripping them a new one and threatening legal action if she was bothered even one more time by their collectrolls. She still continued to get calls from other collectrolls for the non-hospital medical debts, and she let each one have it equally.

My uncle is dying of lymphoma and he and his wife are enduring the same shit from both medical and "regular" debt collectrolls, like that's what they should be focusing on when he's sick and fighting for his life. These people are nothing but total scum, especially the medical collectrolls, and I hope there's a special spot in hell reserved just for them.