Legal Question in Credit and Debt Law in Maryland
3rd and 4th party credit collection
Owed a credit debt to a bank from 1991. Now a 3rd or 4th credit collection agency is harrassing me (no agreement with them whatsoever). I denied debt owed and requested they send me the original loan documents from the bank. They wanted to know if they send the docs will I pay. I told them all I want is to see the docs. No promise to pay was given by me. They are also harassing my 16 year old child. They keep calling and threatening me and to call my job. What do I do?
2 Answers from Attorneys
Re: 3rd and 4th party credit collection
Under Federal law, the Fair Debt Collection Practices Act, and State law,
unfair and harrassing debt collection is prohibited. Of the many relevant aspects are: the day or time of day of the contact,
the manner of the contact, the place of the contact, any third person contacted or communication therewith, the tone and content of communications, referrence to unlawful acts of collection, and
the response of the creditor to claims of harrassment. Damages may lie as such practices are illegal. Evidence of such practices will be needed to make the case.
On the underlying debt, various negotiation strategies can be used to lower the debt. Any negotiation needs to be performed and completed in a legal manner or otherwise you risk such reduction in the
amount owed not being enforceable. Issues may also exist with satisfaction of the debt as claimed by any rightful creditor in the stream of those who may have a legal claim against you. Partial payment
on an otherwise unforceable debt may revive it to a legally enforceable status.
An attorney's assistance may be beneficial.
G. Joseph Holthaus III
(410) 799-9002
Re: 3rd and 4th party credit collection
It sounds like you owe the money, regardless of who is trying to collect the money now. However, under the Fair Debt Collection Practices Act they can not harass you or your family in trying to collect the debt. Send them a letter via cerfied mail, return reciept requested, telling them not to contact you or your family about the debt. If you still dispute the debt, state that as well. Request in writing their proof of the debt owed. Also state in the letter all the calls from them so far that you allege have been harassing. Keep a written record of everything that goes on involving this dispute.
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