There is a collection agency that is constantly calling for my husband. He owes for a debt thats about 7 years old. He has told them several times that he can not pay at the time. They have started calling and threatening to send a officer to my husbands work place and our home to serve him with a warrant. They have also threatened to sue him if he did not make the payment in full. Now they have started calling his family members atleast once a week about the debt and he never even gave them the number so we have no idea how they obtained this information. If we were finacially able to,we would pay this debt off just to get them out of our hair. What can we do?????
Social Security Lawyers
Contact a consumer-rights attorney without delay. Some of what you are describing may be a violation of the federal Fair Debt Collection Practices Act (FDCPA). You may be entitled to damages and the attorney can earn a fee from the collection agent as well. In the meantime, obtain as much contact information about the collection agency as you can manage, and demand written validation of the debt.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
In addition to my colleague's answer, Florida also has a State Statute consistent with the FDCPA - it is called the FCCPA, the Florida Consumer Collection Practices Act - which also protects you against such harrassment. Threatening criminal sanctions, calling family members, and numerous calls are all potential violations of the FDCPA and FCCPA. Please contact an attorney as soon as possible to discuss the specific facts of your situation.
This answer is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.yesnerlaw.com.
Chapter 7 Bankruptcy Attorney
Many of the things you have described may be violations of the Fair Debt Collections Practices Act. A consumer protection attorney can advise you on whether or not you have a claim against this particular collector under Federal law. If you do, you may be entitled to damages and the collector would have to pay the attorneys fees. Like my colleagues above have stated, I highly recommend contacting a consumer protection attorney.
If you have any further questions please feel free to reach out to my firm, as we specialize in FDCPA cases and can probably point you in the right direction.
Debt Settlement Attorney
While the information described above would likely be actionable pursuant to the Federal and State debtor harassment laws, there is at least the possibility this is a scam. Be sure to write the down the telephone numbers that are calling you, your family members, and any letters you received from the collector.