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Great question! No, at this point he is not legally obligated.
You are correct, send them a certified letter and make sure you highlight that you are disputing the debt. Pursuant to the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act you are revoking any prior consent to contact or communicate with your husband, spouse or anyone including third parties to collect the debt.
From the sounds of the letter, you may be inclined to staturoy damages under the FDCPA for not properly notifying you of the debt and the language that was used. Additionally, save all messages that are left on your home phone or cell phone.
These are critical. You should go to the National Association of Consumer Advocates website and look up a local lawyer in your city/state to represent you on a contingency basis. That means, you do not pay, unless they collect. I can assure you this will get them to stop calling you.
This tactic is very common in debt collection company. Frankly, if they called your cellphone you may be entitled to $500-$1500.00 a phone call, even if you never answered the phone. This is all found out in discoveyr.
Make sure you save the letter as well.
All we have is voicemails and/or missed calls from a man who never said who he was with, only that he had an "urgent matter" to discuss with my husband. I can more than likely get the phone records from our cell provider, proving that the particular phone number of this mystery man called.
Perfect. Make sure you save them and provide them to your lawyer. You want to look up a plaintiff's lawyer who specializes in TCPA or FDCPA claims.
They will take care of everything for you from there.
Of course they say it is "urgent" because if they tell you it is a debt colector, which they must legally, you would never call them back. They know this, that is why they break the law and there are damages available to you.
Thank you! That was one of the best legal answers I have heard in a while -- no "legalese" to translate! And the fact that I can stick it to them for being scum and making us worry? Icing on the cake! Thanks again!
Do two things, go to the NACA website that I said would be helpful and look up a local attorney who specializes in FDCPA and TCPA claims. Also, do not delete your phone calls and take copious notes when they call. Do not answer the phone when they call, let them leave a message.
If I could, I would represent you, but the rules prohibit me from doing so. :)
Make sure you find a lawyer to help you on a contingency basis.
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