Paul
Los Angeles,#2Consumer Suggestion
Wed, June 22, 2005
Don't let them play these games with you. When you told them you had retained a lawyer and given them the lawyer's number, they IMMEDIATELY are required by law to CEASE all communication with you. All further communication or attempts to collect must go through your lawyer once you tell them you have a lawyer. So they actually violated the law there. It is also against the law to threaten a lawsuit or to imply that a lawsuit or judgment exist when they do no exist, as you state in the original posting. If they say "we will garnish your wages" you might reply by saying "that's for a judge to decide." At any rate you should clearly tell them that you don't wish to communicate with them any more and that they have to speak to your lawyer. Don't affirm the debt, don't deny, don't bargain. Also, ask for the FULL NAME of the person calling you on the phone. Also politely ask her for her supervisor's name and ask to be connected with her supervisor, which they are required to do. Let the caller, and her supervisor (if you are actually transferred to one) know very clearly that you feel they have violated the law (detail the specifics as noted above) and that by doing so they are INDIVIDUALLY liable. In other words, don't let them hide behind their company. You can personally sue any individual that calls you and violates the law by making those sorts of false threats or statements. Tell them you'll give their names to your lawyer. Nothing stops a harrassing creditor in her tracks like getting a PERSONALLY ADDRESSED letter from an attorney. They know their cheezy company will not stand behind them in a case like this, it's too expensive for the company. Another suggestion: When they call, the first thing you say (after you've figured out that it's a collection agency) is that the conversation is being recorded. Even if you're not recording it. This tends to put them on warning to watch what they say.
Bruce
Murray,#3Consumer Suggestion
Sun, June 19, 2005
This company has no interest in talking to your HR dept. They are trying to scare you. If the company "really" had a judgement against you, they would just have your place of employment served with the garnishment notice. You indicated that you have retained legal council. You attorney should be able to write a letter to the collection agency to dispute the debt. That will likely be the end of this. Good luck and please update us.