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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11213
Experience:  Licensed Texas General Practice Attorney
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For the past 4-5 years I have been receiving phone calls from

Resolved Question:

For the past 4-5 years I have been receiving phone calls from "collection agencies" regarding a named individual who does not reside at my address, I do not know the person they are looking for. I have called them back telling them the same I have just mentioned. I have even given them this "customers" phone number twice. Yes, this person has even called my number 2-3 times, but has never left messages. The only difference in our phone number is XXXXX area code. I have had about all the fun I can stand with this incompetency. Is there anything I can do to stop it?
Submitted: 8 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 8 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Can you tell me if you have a mailing address for this collection agency?

Customer:

Only a phone number, 1-XXX-XXX-XXXX, a file number of 50114881, and the "customers" name: Robert Besheim. The last message was not very clear, but I believe the person on the line said she was from "Aztec Verification Services"

ScottyMacEsq :

Pursuant to the Fair Debt Collection Practices Act (FDCPA), you can demand that they cease communicating with you. If they continue to try to contact you after you have given them this cease and desist notice, you can sue them for knowing violations of the FDCPA. Here's a letter that you can send (and you should also fax, if possible, and call them to let them know that you're exercising your rights under the FDCPA, and if they continue to call you, that they'll hear from your lawyer).

ScottyMacEsq :

Your Name
Address
City, State Zip


Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:


Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.


You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.


Sincerely,

Your Name

ScottyMacEsq :

You can search for the phone number online to try to get a physical address to send this to.

ScottyMacEsq :

Another option is contacting your phone company and seeing if you can get a number blocked that is being harassing. Often phone companies can do this.

Customer:

Okay, I will do that. Thank you. But in the letter, it states; "and all other alleged debts you claim I owe." It's not I who has a debt with these people. Can I still send this letter, or does it have to be re-worded?

ScottyMacEsq :

I understand. If they're contacting you, they are alleging that you owe something. It's clearly wrong that you owe anything, but this is a demand that they cease any and all communications with you.

ScottyMacEsq :

So it doesn't need to be modified, although you can put in another paragraph that explains further that you're not the person that they're seeking, that they have the wrong number, etc...

ScottyMacEsq :

Send this certified, return receipt requested (once you find an address to send it to). That shows that you're serious about this matter.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thanks!

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11213
Experience: Licensed Texas General Practice Attorney
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