What can I do if I am being wrongly harassed by collectors? 2 Answers as of July 31, 2011

I'm being harassed by a collection agency for money that is actually owed by my adult daughter, because she fraudulently used my insurance. What can I do?

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The Grundy Law Firm, PLLC
The Grundy Law Firm, PLLC | Elvin Grundy
Arizona's Fair Debt Collections Practices Act along with the federal FDCPA proscribe certain unfair practices leveraged by scandalous debt collectors. With the right attorney, you can turn the tables on those debt collectors: You may even be entitled to money damages up to $1000.00 pursuant to Sections 805-806 of the FDCPA. You are far from helpless against parasitic collections agencies. Do not delay.
Answer Applies to: Arizona
Replied: 7/31/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
With respect to the harassment you as a consumer have rights under the state and federal laws. I can direct you to the Massachusetts Attorney Regulations for Consumer Protection and the FDCPA (Fair Debt Collection Practices Act) which is federal law. You can look them up an they provide a whole listing of what the creditors are prohibiting from doing. Additionally, I would begin logging all their calls, as best as possible i.e. what they are saying, what time they are calling, any threatening demeanors, etc.. If you have any voice messages do not delete them. What I am getting at is that you can actually sue a creditor who is harassing you (if you can prove it) because a violation of the law by a collector could even put money in your pocket. With respect to the alleged fraud perpetrated by your daughter, this is a bit more complicated to explain in this forum. You certainly have the right to file a police report or other fraud reports against your daughter. But in my experience, I dont see that being the case because she is your daughter and you would like to give her another chance. So this leaves you to skillfully and strategically fight with the collector regarding the amount owed without pursuing the criminal charges against your daughter. I have done this many time so I know it take patience and skill. Your ultimate goal should be trying to settle the amount for less than what is owed.
Answer Applies to: Massachusetts
Replied: 7/31/2011
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