Question:

Collection agency refuses to show proof of debt.?

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My father in law got a phone call in 2006 from a collection agency saying he owed them money. Since he does not speak english my husband spoke to the guy. He told us that he was collecting a debt from 18 years ago from a hospital in Florida. My father in law has never been to Florida. And he was not in the country in 1998. The guy just laughed a smarmy laugh. So a week later he sent a legal letter informing of the debt. When we wrote back disputing the debt and demanding proof we did not hear back. We thought the matter was settled. Apparently not. He started calling again 2 months ago. He is insisting we owe this supposed debt. We told him he better send proof and he never did. But we get electronic phone calls with messages to call him but he never picks up the phone.He calls 2-3 times a day. He won't give us his address so we can send a proof request. It is very annoying to have to go get the phone just to find out it's just this jacka$$. What else can I do? P.S. It is only $400.00 so this is not about the money. It is about money we DO NOT owe.

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5 ANSWERS


  1. One word for you: SCAM.  Do not pay the bill.  I'd also gather any info you have and contact the police.  If the services were never rendered to your father in law, he can dispute them.  If he wasn't even in the country 18 yars ago, it is unlikely that it is a case of identity theft.    


  2. If you did have the guys address, don't waste your time asking for validation or proof of the debt.  Not only is this an 18 year old debt but you KNOW it's not your father-in-law's debt.  You send certified, return receipt letter, telling them to cease and desist all contact as the debt is not yours.

    In this case, contact your state attorney general and report this scam.

    You might also contact the phone company to see if there is anyway to block his annoying calls.

  3. Legally, if you tell him to make no further telephone calls (including the electronic ones) and to contact you only in writing, he must comply.  

    You can obtain his address from the telephone number that he leaves in the messages.  Google "reverse directories".

  4. You have the guys telephone number. Call the State police in the state that the area code corresponds to and tell them this guy is running a scam form the phone number and you would like them to investigate.

    Also call the State Attorney's office in the particular State (Fraud department) and tell them you want to file a formal complaint to be investigated.

    When the State Attorneys office calls his company it will definitely get his attention.  

  5. Do you have the phone number that he is calling from?  

    Do you have the name of the collection agency?

    If yes to either, you can locate the address for this agency and send them a certified letter.

    Now, you said you send them a letter before.  Did you send it by certified mail?  Do you have any proof you mailed it?  If not, you have to start from scratch and send them a letter again.

    If you have the proof....you already have a great lawsuit against these guys, and you will certainly win.

    Start by reading the Fair Debt Collections Act....you can't fight these guys if you don't know the rules.  And they have already broken several of them that can cost them a couple thousand.....all it will cost you is $100 in court filing fees.  

    Contact me if you need additional guidance....I am not a lawyer or credit counselor.  I just hate collection agents, and i show people how to fight them.

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