Bill collectors belive my wife is my daughter(same name) my daughter is an adult.they are threatening w lien?

Question

on our house.we have told them we are not responsible for her debts. they keep calling us and sending us mail.our daughter does not live with us. Can the place lean on my property(florida) How can i get them to stop bothering us?

Answer 1

It seems like the easiest would be to give them her new address and telephone number.   Have them call her, not you.

Answer 2

Some collection agents are like many people, they don't know squat but because they get paid to look smart they think they are.

First the good news:

Some categories of real property are exempt from judgment liens.  The most notable category in Florida is Homesteaded Real Property.  Homesteaded Property is exempt from all forms of forced sale except for obligations arising out of the purchase, improvement or repair of that homestead real property, such as a mortgage obtained to finance the purchase of the land or an improvement to the land, mechanics liens for house, field or other labor on the real property, or Florida tax assessment liens.  The person against whom execution (judicial proceeding for forced sale in this case) is sought, needs only to claim the homestead exemption for the property and such property will be exempted to the extent it qualifies for homestead protection.

Next, if your home is protected under the homstead exemption, send them a letter to cease and decist in their actions as it violates the FDCPA and you know you can sue them for violation of the following:

15 U.S.C. § 1692e. False or misleading representations

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

Here is a sample cease and decist letter you can use (you fill in the blanks)

Cheatem Collections

123 Fagetaboutit Ave

Chicago, IL

17 April 2000

RE: Account 5145454156

Dear Sir or Madam:

I request that you CEASE and DESIST in your efforts to collect on the above referenced account (SEE letter attached).  It has been brought to your attention that this debt was incurred by my daughter and not my wife of the same name.

It is my personal policy not to deal with collection agencies and I will only deal with the original creditor of this account.

You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable Federal and State law.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES  

Cordially

Scott Free

Ref: 15 U.S.C. § 1692e

         Fl State Statute Title XV HOMESTEAD AND EXEMPTIONS

By sending this letter you will let them KNOW that you KNOW your rights under the law and this often scares them away and they know they can not play upon your fears.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 3

You never said as to whether or not you have tried calling them to correct the situation. I have a feeling that if you did that and you were able to get to the right person, that it would be straightened out.

Once you have done that, if the calls and letters don't stop, then you can get a lawyer and file a harassment charge against them.

I am assuming that your daughter is a legal adult. If so, they cannot put a lien on your property, and if they somehow are able to do it, you could really slap them with a big lawsuit, since it would cause heavy damage to your credit rating. You need to check that now, because it may have already happened.

Answer 4

The first thing I would do is check your wifes credit report. It is free once a year.See if the information is mixed up with your daughter.

https://www.annualcreditreport.com/cra/i...

Then I would contact the company that hired the bill collectors.

( don't even try to explain them the collection agency, they don't care...)

You have a right to dispute inaccurate or incomplete information in your report. You can contact the credit bureau. Also, under the new Fact act, you can contact the creditor directly.  When you receive your report, you should by law also receive a fact sheet detailing all your rights

Complain. Send a short, precise written complaint to them , the Federal Trade Commission. Send a copy to your state Attorney General. If you believe that you have suffered damages (losses) as a result of the credit bureau's failure, you may want to contact an attorney.

An initial consultation should be free. Ask the attorney what other charges there might be. Some cases are brought on contingency, meaning the attorney is only paid if you win.

You can find attorneys expert in credit reporting and debt collection and other consumer problems at the National Association of Consumer Advocates

It's not easy...but it can be done

Answer 5

First, they would have to sue and win a judgment before they could lien your property.  They would be hard pressed to win  a judgment if the debt does not belong to you.

Send the collector a certified, return receipt letter telling them to cease and desist all contact.  That your wife is not responsible for the debt that belongs to your daughter.  They will either bring lawsuit -- which you would win.  Or they will sell the debt to another collector or maybe actually go after your daughter.  If the debt is sold to another collection agency, and they contact you, send another cease and desist.

Answer 6

Send them a cease & dessist letter to stop calling you they have 10 business days to comply. If they continue then report them to the FTC. They cannot just place a lien on your property because that has to go through the courts and they'll clearly see that your wife is not your daughter...just ignore that.

Answer 7

change your phone number