Hi, My name isXXXXX have been divorced for 23years. I have know idea where the jerk is.Well,a morgage company has been calling us for two months 10times aday wanting me to get a message to him. I explained to them we don't speak. If I knew where he was I would go after him for 23years of spouse maintance. They have even told me I was lieing to them.I have health issues and these calls are not helping me. I can't even my phone because its them calling again. Please Help Me What Can I Do? Sincerly,Marcia XXXXXXX.
State/Country relating to question: Minnesota
I have told them over and over again for two months that I can't help them.
But they won't take that as a good answer. I told them I would get a lawyer and they said fine. The company is Green Tree Morgage.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.If the debt collector is a third party debt collector (not the original creditor), it would be regulated by the Fair Debt Collection Practices Act, along with local Minnesota statutes pertaining to debt collection. Debt collectors are prohibited from harassing individuals (countless calls a day could violate that) and they must cease contact upon such a demand in writing. You can read the FDCPA at the link below. Remedies include administrative penalties and civil liability.http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdfIf the party collecting the debt is the original creditor, the laws that regulate debt collection would not generally apply, as they regulate third party debt collectors. In such an instance, an individual who is not responsible for a debt may wish to attempt a suit against the creditor for harassment. As an aside, if you were awarded spousal support in your divorce and your ex never paid, you may wish to have a private investigator attempt to locate him, as you may be able to recover a portion of the amount that was owed.
How do I go about fileing Harassment against them?
I have his social securty number the courts or state could find him that way couldn't they?
For a lawsuit against the creditor, you'd want to retain a consumer protection attorney. Be sure to let your attorney know of the frequency and timing of the calls, the nature of the calls, the caller's behavior, etc. All of that can be relevant. Your attorney may also benefit from hearing voicemails, if any have been left.You may be able to locate him using that information and you should present that to your family law attorney. Your family law attorney can assist you with the process of trying to recover any unpaid spousal support that was owed. In fact, you may even be able to intercept tax returns and pursue wage garnishment and bank account levy (upon locating him).
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