Gene
Granada Hills,#2Consumer Suggestion
Thu, May 19, 2005
In addition to everything else said...just the fact that he misrepresented himself as being from a different company and calling for a different reason, he's in violation of the Fair Debt Collections act. I'm sure he's done it more than once..and if the complaints regarding that pile up..his entire agency could easily be shut down. That is..if you actually want to pursue it that far..:)
Sherri
Piedmont,#3Consumer Suggestion
Wed, May 18, 2005
If you have been divorced for seven years and the debt was incurred before your divorce, this is very likely beyond the Statute of Limitations. You need to send "Mr. Costa" a cease and desist letter, as well as a demand for validation of said debt. Indicate in your letter that they are not to contact you at home, work or through third parties, as being that they have contacted you, it is NOT "locator information." I strongly suggest that when you send this letter, that you put "Mr. Costa" in quotation marks, as that is very unlikely to be his real name. What you are dealing with is a bottomfeeder desperate to make a paycheck. Be firm and let them know you are NOT going to pay this unless they give you proof that you are liable for it. And "we said so" and their printout from their database does not qualify as validation. Tell them that any attempt to falsely re-age this "debt" or any attempt to report it as anything other than "disputed" will be met with every legal option available to you. Send Certified Mail, Return Receipt Requested, and fax it to them as well (if you have a number available) as you will also have a fax confirmation, just in case they refuse delivery. Douglas made a great point..a divorce agreement is not worth the paper it is written on as far as a legitimate creditor is concerned. They STILL report everything in both names to the credit reporting agencies. I went through a similar situation back in the late 90's with my ex (we had been divorced since 1993) and a debt he incurred four years after our divorce went on my credit. I was able to get this off, but it was like pulling teeth. Whatever you do, do not give these people a dime before they validate..you will "reaffirm" the debt and likely will get the Statute of Limitations clock started again. Being in Texas, you are in power, as you are basically garnishment-proof. Don't let them intimidate you..YOU are the one with the power.
Douglas
Worcester,#4Consumer Suggestion
Wed, May 18, 2005
You will soon get many posts on how to stop the harassment of this collector so don't worry about it. Sherri from Piedmont has real good advice on stopping this so watch for her post. I just wanted to let you know that a divorce decree doesn't mean anything to a creditor. The decree is just an agreement between you and your Ex. It is still the responsibility of whoevers name the debt was originally opened under to make sure the debt is paid, even if you have to pay it yourself then sue your Ex for the money. Talk to your divorce lawyer. What stinks is that whoever's name the account was in will always be the one to get the collection calls and the account will still be reported on their credit. If your Ex is a deadbeat, the decree means absolutely nothing. I'm assuming this is was originally your account since you're getting the calls so take this as just a heads up.