Legal Question in Credit and Debt Law in Pennsylvania

The harrassment you are experiencing constitutes a violation of the Federal FaIr Debt Collection Practices Act. A debt collector is required to identify themselves, (ask for a full name) and the source of the debt being collected. They are required to cease calling you and, not contact your employer, or otherwise threaten to take legal actions against you, unless that is their true intention. Also, the statute of limitations on most debts is 4 years. If the debt they are calling about is older than 4 years, it is unenforcible, and upon written notice to the collection agency, they must stop calling you. Already, it seams that Donna Brown of Hoffman Associates, has already violated the Act. Under this law, if, after written notice to cease such contacts, you can go to your local District Justice Court, and sue under the Act for up to $1,000, plus your attorneys fees.

First, you should contact a lawyer, who should charge you very little up-front, if he is able to recover attorneys fees under the Act. If you choose to go it alone (which I do not reccommend, You should immediately send a letter, (preferably certified) to the debt collection agency directing that they cease contacting you, your neighbors and/or your employer. Further, keep a written record documenting the date, time and person spoken to, each time you are called. Tell them to stop calling. if they call. Finally, you should Google the Act, read it, and file a lawsuit against the debt collection agency before your local District Justice (small claims court). This might not eliminate the debt, if it is valid, but it will certainly stop the harrassment.

Christine,

In short, I can help for a reasonable fee. These are debt collectors, not federral authorities. It is a violation of the Fair Debt Collection Practices Act (FDCPA), a federal law, for them to impersonate the police or a law firm.

The fact that you got calls from foreigners who threatened to bring a lawsuit makes me think this is for a payday loan. If so, then contact the PA Attorney General as what they are doing is illegal.

716 is a New York area code - there are many scuzzy debt collectors in the Buffalo, New York area. I think its the debt collection capital of the US! However, if this is a payday lender, they can be anywhere in the world and make it appear as if they are calling from the United States. The problem with payday lenders is that when you try and trace the numbers to an address, they are either mail boxes at a UPS store or they have no US address as these people are overseas. That is why I suggested the attorney general.

What I would do is write down the time and date of the calls and the number calling you. I would then Google the numbers and see if you can trace it to a debt collector, scuzzy or not. If so, as I said, I can help end the harassment for a reasonable fee. Please contact me at [email protected] if interested.

In addition to the federal FDCPA, PA has its own law which provides you with protection as well. And you can recover attorney fees. Both the FDCPA and PA laws provide that the debt collectors cannot contact you if they know you are represented by an attorney. You can also demand that they give you details about the debt (called verification or validation) and demand that they not call you at work.