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CA called DH Employer!! What do we do now??


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Posted by flamva (24.27.196.83) on January 23, 2003 at 17:00:20:

ASI, a CA, has been contacting DH at home and work trying to get him to pay an old loan. (We've been waiting on credit reports to check DOLA for SOL.) We have never received any letters from the CA. I told DH to get their address and fax number so we can send a C&D and validation letter. Today when he asked the CA for the info, the guy said it sounded like a stall tactic and refused to give him any info. He then said that he was going to call DH's supervisor. DH told him that if he did call his supervisor he would see him in court. The CA said he could call his employer to "verify procedures for garnishment."

This afternoon, I found address and fax number on BBB site and faxed them a C&D and validation letter. I included in the letter that it was illegal for them to contact **or even threaten to contact** a consumer's employer prior to obtaining final judgment or without the consumer's written permission. I also stated that DH was considering legal action because of the CA's repeated threats to do so.

Well, DH just called me and told me that his supervisor just called him and told him that the CA jerk called him!!! He didn't get the supervisor on the phone; he left a voicemail message with his name, company name, case number, DH name, and asked him to return the call.

I know that this is illegal by both FDCPA and state laws. Hubby is humiliated and furious and wants to sue. I'm new to this and not sure what next step should be. Should DH call CA back and tell him he is suing? Should he write another letter? Or, should he just file suit? If so, what procedures do we need to follow to do that?

Thanks so much for help!

flamva


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