Re: Need non-gun related legal advice
Posted: Thu Dec 30, 2010 9:36 am
Russell wrote:For some reason some payday loan corporation has latched on to my address as the address for some individual with the same last name as me who hasn't paid their loan back. They have been sending me threatening letters for a few weeks now and have even left a note on my door.
I have called them twice and returned their mail once already with "DOES NOT LIVE AT THIS ADDRESS" written on the envelope. The rest of the letters I've just been throwing away. The most recent call I made to them was today and the lady said on the phone she would "See what she can do". I just pulled my credit report to make sure someone hasn't opened a loan under my name or social security number and nothing showed up. Short of continuing to call these people, how do I stop the harassment?
This happens from time to time. I had a person give my phone number to a Paycheck Finance Auto Dealership, and for several months they called me telling me to make my payments. After writing letters, calling etc. the thing that was most effective was telling them "I was never going to make a payment so repo my car, sue me, do what you want to do but never call me again" I guess they repoed the car or took other actions once they figured out where they were calling was not the address with the car.
In your case the Fair Debt Collection Practices Act can help you. You need to write a Cease and Desist letter (make sure you send it registered return receipt). Once sent the creditor can only contact you via writing.
Date
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