Re: Gerald E. Moore

Posted by Parry (67.5.187.60) on January 16, 2004 at 12:29:34:

In Reply to: Gerald E. Moore posted by bray on January 16, 2004 at 11:20:13:

They are in violation of the FDCPA to threaten a sheriff coming to see you or to call your job after being notified you are not allowed to receive calls there. CHANGE BANK ACCOUNTS. Never pay by check. How much do you owe?

Send them a C&D letter with cc: to FTC. CRRR:

Your Name
Your Address

Collector's Name
Collector's Address

Dear Collector,

I am writing in response to your constant harassing phone calls to me at home and work!

You are in violation of Section 807 of The Fair Debt Collection Practices Act:
(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.

You are in violation of Section 805 of The Fair Debt Collection Practices Act:(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Therefore I demand that you:

Stop calling me at home, at work, or any other location!

In accordance with federal law, once you've received this letter, you may only contact me "once" via mail and then only to:
Provide proof that I owe this debt that you claim I owe;
Provide a copy of my State and Federal rights concerning this debt including how to dispute this debt;
Provide proof that you are licensed in my state, and provide me with your license number;
to advise me that further efforts are being terminated;
to notify me that you may invoke specified remedies;
to notify me that you intend to invoke a specified remedy.

Be advised that I am keeping accurate records of my correspondence with you, including taping all phone calls. If you continue harassing me, I will pursue all available legal actions against you!

cc: Federal Trade Commission
CRC-240
600 Pennsylvania Ave, NW
Washington, D.C. 20580

Signature
Your Printed Name

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