[rrlook]

I could use some help -V.J with mann bracken went totally out of control with me on phone ,he is in ga and I am in nc .How do I file a suit against them and him. He said I was suttering and why I was home said my wife was meand and a bad attitude =3o seconds intmotion o phone call --I cannot believe he was so rude ,whe we have been trying to deal with this .
I have asked for a motion to defend ,and anyway I want this jackass to pay for his behavior ,he told me all the reps drive nice cars and live in big houses because of people like me..

[Fr_Chuck]

And of course you recorded this phone call so you can sue with it? If not you say he said it, and he says you are just a dead beat trying to get money and lying.

This is actually fairly nice as for as collection people go. Most will tell you thatyou will be thrown out ofyour home tomorrow, that the police are on the way to arrest you. Some will call your parents, your neighbors and so on. So with all said and done, this was about nice for a collection person.

And yes most good collection people do drive nice cars, collections pays very well for those good at it.

[rrlook]

TO CHUCK

You did not answer the?? >oh yeah I am sure it pays well .They are just doing there job and doing it well .Your answer seems to side with the collector -And yes it was recordered and I let him know that and he really lost it -Last day of the month - Bounus time --

1,0000 is all you can collect so -but its more than that it's the putting him in his place to the law .-

[Fr_Chuck]

NO, but let me be blunt, you have no case againt the collector, even if you had it recorded he insulted you but that is actually not illegal, he can call you ugly, fat and lazy, from my understanding if he wanted to.

He can not threaten to do anything that is not legal to do. So you have no case againt them. You are getting calls becuae you have not paid some bill you owe. So work out a payment arrangement with them.
Or notify the not to call you any more.

Collection people are the scum of the earth and basically if they have their mouth open they are lying, but they are just doing a job, as a landlord if you owed me money I would expect you to pay me also and would do what ever I could to get my money, that is all they are doing.

[pliskin]

Technically, calling someone names is called battery and is a crime but actually getting a conviction on it is near impossible. Sorry to sound insenitive but keep up to date with your bills and you won't have to deal with collections agents.

[Fr_Chuck]

Actually no, calling someone "names" is not really battery, threatening to hurt someone is. Saying that someone stutters, or that someone is mean is just poor manners, if that was illegal, 1/2 of our political people would be in jail.

[Barksdale]

Calling someone a name isn't battery and neither is threatening someone.

Battery is an unwanted touching. There must be physical contact.

Calling someone a name isn't a crime -- or even illegal -- unless there is something else actionable about it, like possibly a racial or ethnic slur, or something slanderous.

Threatening someone can be a crime, but it's not battery.

You cannot sue the debt collector for badgering you and insulting you on the phone.

In some states recording a phone conversation is against the law, so don't do that without checking. You'll justget in even more hot water.

Don't speak to debt collectors on the phone. Conduct your business in writing.

[meandmythree]

NO, but let me be blunt, you have no case againt the collector, even if you had it recorded he insulted you but that is actually not illegal, he can call you ugly, fat and lazy, from my understanding if he wanted to.

He can not threaten to do anything that is not legal to do. So you have no case againt them. You are getting calls becuae you have not paid some bill you owe. so work out a payment arangement with them.
or notify the not to call you any more.

Collection people are the scum of the earth and basicly if they have thier mouth open they are lying, but they are just doing a job, as a landlord if you owed me money I would expect you to pay me also and would do what ever I could to get my money, that is all they are doing.

Fr_Chuck... I'm not sure if your aware of the FDCPA Law.. You cannot call names or use any derogatory terms when collecting a debt.. you should look on the FDCPA Website.

I work for a Law Firm and that is UNACCEPTABLE!! Period.

[meandmythree]

rrlook. If you want to know what to do about this call.. please go the "Fair Debt Collection Practices Act" website.. it will give you all the information you need.

[TheCleaner]

Why just don't send them a Cease and desist telephone communication letter and forget about them, then if they call you one more time after receiving your letter you file suit in small claims for FDCPA violation, it is $1,000 a call in statutory damages, meanwhile just don't pick up the phone if you don't reconigze the number in the caller ID let the answer machine to get the call.
And no, I don't think either tat you can sue somebody for calling you names, not even a collector if you don't want to hear it just hung up.

Carl.-

[slowandeasy]

Calling people name sand saying things about them is not a crime Sure most debt collectors are nothing more than dirt bags and scums, but you have to remember it is their job they also have bills to pay. Now with that being said I am not siding with a bill collector just calling it like I see it Just hang up or sent a cease and desit letter If everyone was arrested for calling people names all the worlds population would be behind bars! This debt collector that you are dealing with must have bad manners and no morals!

[lizbear72]

Why just don't send them a Cease and desist telephone communication letter and forget about them, then if they call you one more time after receiving your letter you file suit in small claims for FDCPA violation, it is $1,000 a call in statutory damages, meanwhile just don't pick up the phone if you don't reconigze the number in the caller ID let the answer machine to get the call.
And no, I don't think either tat you can sue somebody for calling you names, not even a collector if you don't want to hear it just hung up.

Carl.-

Carl, per the FDCPA, an agency is allowed to call one more time after a Cease and Desist letter is received. They are allowed to contact one more time to inform the debtor that they received the letter and what the next step that agency will take.
People need to educate themselves before they throw around words like sue and litigation. Bottom line if you paid your bills you would never be in this situation. I can't understand how someone can be upset at a collector for doing their job. Debtors are the reason why collectors have a job! Don't get me wrong, there is no need for abuse and name calling but for the love of God, take responsibility for your actions!

[TheCleaner]

You'r right, they never do it though.

Ok then... If they call you one more time begging for money then you can sue them, I'd like to see a collector in court trying to get the judge to believe the he did not ask for money when he called after getting the letter. That's why they never call that last time.

Those guys we are talking about are not collectos, they are junk debt buyers, that's a difference, nobody ever gets a loan from them, they just buy old debt for a few pennys on the dollar and try to collect the whole amount, any loose or damage they have is no one's fault but them, they choose to do that, nobody owns them anything, ever.

Carl.-

[lizbear72]

You'r right, they never do it though.

Ok then... If they call you one more time begging for money then you can sue them, I'd like to see a collector in court trying to get the judge to belive the he did not ask for money when he called after getting the letter. That's why they never call that last time.

Those guys we are talking about are not collectos, they are junk debt buyers, that's a difference, nobody ever gets a loan from them, they just buy old debt for a few pennys on the dollar and try to collect the whole ammount, any loose or damage they have is no one's fault but them, they choose to do that, nobody owns them anything, ever.

Carl.-

Well that's why agencies and law firms record phone calls. I can guarantee you that a law firm is going to and they aren't going to call begging for money after a C&D is received. And there is such a thing about creditors sending accounts straight to a law firm to arbitrate or go through litigation, not everything is purchased debt. Chase and Bank of America are perfect examples. They do not play and they feel as though they extened this credit to these consumers and if they don't pay, then they are going to take action to the fullest extent. Do you blame them? You would be amazed to see some of the balances these law firms are dealing with, and then the debtor thinks they can pay $50.00-$100.00 a month and think that is acceptable!

[TheCleaner]

Well I had deal with that mandatory binding arbitration scam a couple of times before, when they came for me, and a few times more helping other peope. Nobody have to go into arbitration unless that person wants to. We as americans have the right to due process and a jury. There is a big fight right now between te big companies and consumers groups about that. The true is that in order to stop it the consumer only have to refuse in writing to take part in any arbitration process, again those companies are taking advantage of the ignorance of most consumers.

About that old "You borrowed money and now you have to pay" Nobody in their right mind takes a loan with the intention of never pay it back, it is not worht it, too much trouble for a few thousand dollars, when people don't pay is because they can not, they are taking care of their families first, some try hard to pay back but still not enough they get sued anyway out of big corporation's greedeness, gredeeness when they charge high APRs to compensate for the people who won't pay, greedeness when they hit harder with fees and even higher interest rates the people already in trouble and greedeness when they sue trying to squeeze more juice of somebody who is paying whatever they can, even if it takes 20 years the bank still making money, charging interest

So please do not lecture me like that, it is not apreciatted and it could lead to an endless discusion witch is not the point here nor the subject of this tread. We were talking about how to make this people shut up once and for all


Carl.-