what could I do about this?

[jessegirl]

There is been 1 creditor that calls my hubby in work. Now, my hubby has told her not to call there anymore that he cannot get calls at work. She was very nasty and kept saying how many times are you going to say it and then she hung up. Well she called the other day again but my huby didn't pick up. Now, We have given them our attornies name and number, i have sent the stop and cease letter and have a return receipt back showing they received it. What should I say to her next time? Is it legal whats shes doing?

[BigJohn]

Have you filed you?
Is she an original creditor?

[jessegirl]

no I haven't filed yet, but have an attorney. We will file in Oct. and yes she is listed as one of my creditors.

[BKParalegal]

You did do the right thing in sending the desist letter certified, and depending on what you said, in regards to not call, work, home, cell or mail etc. They can only contact you one last time acknowledging the receipt of your letter. If they still pursue you, then log the time,date etc. of the call and if you have an attorney, then he can file a FDCPA suit against them and you can be awarded $1,000 per violation.

Good Luck

[jessegirl]

Ok thanks

[jessegirl]

Its the original creditor. Why did my attorney tell me to send out the letters to my creditors so that they would stop calling. I thought that my original creditors have to cease all cals to me right?

[liz417]

Its the original creditor. Why did my attorney tell me to send out the letters to my creditors so that they would stop calling. I thought that my original creditors have to cease all cals to me right?

My attorney told me to log all calls and if they persist (after I've given them my attorney's info), to give the list to her and her paralegal and they'll take care of the rest...
You are paying your attorney good $$$, ask them to handle this.

Good Luck!

[Lajazz947]

Is this a collection agency or the ORIGINAL CREDITOR? If its the OC the C&D has no effect and they are not bound by any laws (except in CA) to cease contact. They may call as often as they want, show up at your work, etc. Original Creditors are not bound by FDCPA.

Wait a second........in CA the original creditor has to abide by cease and desist letters?

I never knew that.

Thanks

[WhatMoney]

I only know about Oregon, but here's what one web site says:

What states have passed laws ensuring that original creditors abide by the FDCPA as well?

-California, Washington D.C., Florida, Iowa, Maryland, Massachusetts, Michigan, New Hampshire, New York (and NYC), North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

http://www.franklindebtrelief.com/debt-collection.html

[Lajazz947]

Thanks. B of A left a nasty message at my out of home office.

I let them call me at my home office cause I really don't care much. if I feel good I answer, if not no one knows but my other office is another story.

Thanks again.