How can I get debt collection harassment relief?

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How can I get debt collection harassment relief?

I receive calls from third-party debt collectors with regard to a checking account that was overdrawn and eventually included in Chapter 7 bankruptcy case from 2 years ago. They are trying to collect monies allegedly owed to misc. Payday lenders for loans that were obtained 5 years ago and they threaten to initiate criminal prosecution action against me – for check fraud – if I don’t “cooperate with them immediately” by “settling this matter in the form of making payments”. Multiple collection agencies have attempted to reach me at my parents’ residence (I do not live with them) and on my cell phone. Their collection agents have misrepresented themselves as either FBI (and other) federal investigators, or as actual attorneys. These people become defensive – or outright indignant- when I ask for basic verification details regarding the original creditor/monies owed – or even when I ask for [the agent’s] contact or identification information. I have kept records of originating phone numbers/calls received etc.I have refused to “cooperate” with every collection attempt made thus far (and I have no intention of providing any credit/debit card numbers).

Asked on August 11, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the conduct that you are now experiencing from representatives of third party debt collection representatives I suggest that you consult with an attorney that practices in the area of consumer law to assist you and give you guidance as to what your legal recourse is. From what you have written it seems that the calls that you are receiving are in violation of federal and state fair debt collection practices due to the threats of criminal prosecution, misrepresentation and intimidation.


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