Jump to content

Time to sue somebody maybe?


Crescent Seven

Recommended Posts

  • Members

I've been getting harassing phone calls, letters, and even a visit from a process server over the last 2 years regarding a debt held by someone with the same name as me, with the middle initial "S" instead of "R".

I've called them back dozens of times and told them I'm not the guy they're looking for (it's always either the Iowa Student Loan Program or the Iowa Department of Revenue), I've had them cross reference my SSN, and I even had to produce an ID for the process server on my own front porch at 11pm. :mad:

Since I've always paid my bills on time I've never had to deal with collection agencies, do I need to have a lawyer send them a Cease and Desist letter, or can I take them to court for harassment? They've even called my mom and harassed her over this.

What point do I draw the line here? They've left me alone for a few months now, but at one point I was getting a letter in the mail every single day. He didn't steal my identity, he just defaulted on a bunch of student loans. I don't know of any way to clear this up with them beyond what I've already done. At first I treated it as comical but this {censored} is getting absurd, and I'm just waiting for something to show up on my {censored}ing credit report, or to be issued an actual summons under MY name.

 

Any advice would be helpful.

C7

Link to comment
Share on other sites

  • Replies 58
  • Created
  • Last Reply
  • Members

Find a lawyer.

They will tell you to start keeping a log of every time these people contact you and exactly what was said durring those conversations. Keep every piece of mail they send you and document every phonecall.

 

The lawyer may also advise you to tell them that you have hired an attorney about the matter and they are to have no further contact with you. The lawyer may request that you have the collection agency contact him/her instead. Keep documenting everything including when you inform them to contact your lawyer. If the harassment continues, you'll go to court.

 

I know what bastards Iowa Student Loan Program can be. I put up with them for 15 years until my student loans were paid off. Even when I was current I would still get calls from them about once a month. If I got a payment behind, it was every day.

Link to comment
Share on other sites

  • Members

 

I haven't kept any track of anything, because each time I called I was told that I was "removed from the system". And like I said this was the first time in a few months they've hammered on me; the last time was the process server.


I wish I had kept a log, I've called them 20 times EASY.

C7

 

 

Start keeping one from here on out.

Document as much as you can remember about the process server showing up.

 

Never, ever believe them when they say you have been removed from the system.

 

BTW- IIRC it's an automatic $10,000 in your pocket if you can prove harassment by these people.

Link to comment
Share on other sites

  • Members

What dickweeds. I've known people this has happened to... They even came into work in the middle of the day once and took her away in cuffs.

 

How {censored}ing hard is it to update your database records, you incompetent {censored}asses?

Link to comment
Share on other sites

  • Members

Ask to meet them in person...

 

Then stab them in the face...

 

 

 

 

Or do the thing where you get a lawyer and start documenting every mistaken contact, responding with an official letter from the lawyer. Unfortunately, this will cost you money to pay for the lawyer unless you feel like going after them to recoup legal fees (which is a pain)...

 

Merely saying that any mistaken contact will be documented and any repeated contact will be met with legal action is likely enough for them to actually remove your info.

Link to comment
Share on other sites

  • Members


Merely saying that any mistaken contact will be documented and any repeated contact will be met with legal action is likely enough for them to
actually
remove your info.

 

I've already told them I was going to take legal action. Unfortunately I don't have any of the letters they sent; I couldn't afford a new file cabinet to hold all of them. :D

 

It kinda makes me laugh, that there isn't a single person in Iowa that can find this guy. I'm wondering how many guys with my name are getting harassed like this.

C7

Link to comment
Share on other sites

  • Members

Most of the advice you've been given is right on, but my favorite is stab them in the face.

 

Nah, gotta quit sugar coating it. Quit beating around the bush. Need to have the dude's balls chopped off with an axe and then dipped in castor oil and force the idiot to eat them! No I'm not bitter!!!

 

 

;)

Mr. Matt

Link to comment
Share on other sites

  • Members

I would not go for the lawyer just yet ... try to work your way up the chain of their managment structure. dont take phone transfers ,, get phone numbers at the supers desk. You never wanna have to start back up the ladder ... Write down who you talked to. One thing you might want to think about ,, is this an identy theft scam. Ask lots of questions about this kid they are chasing ,,,,,if they cant come up with the info. Tell them you suspect they are a scam and tell them you will call a lawyer and you may contact the police. Threats are alot cheaper than lawyers ..... I would guess you can get them to go away. THey are no doubt shooting from the hip..... rat

Link to comment
Share on other sites

  • Members

 

I would not go for the lawyer just yet ... try to work your way up the chain of their managment structure. dont take phone transfers ,, get phone numbers at the supers desk. You never wanna have to start back up the ladder ... Write down who you talked to. One thing you might want to think about ,, is this an identy theft scam. Ask lots of questions about this kid they are chasing ,,,,,if they cant come up with the info. Tell them you suspect they are a scam and tell them you will call a lawyer and you may contact the police. Threats are alot cheaper than lawyers ..... I would guess you can get them to go away. THey are no doubt shooting from the hip..... rat

 

 

I don't think it's an identity theft thing.

The people working for Iowa Student Loan are just a bunch of morrons with a taste for blood.

Link to comment
Share on other sites

  • Members

 

Most of the advice you've been given is right on, but my favorite is stab them in the face.

 

 

Yep! I think this is the best legal advice you're going to get!

 

Seriously, when I was appointed an ALJ (administrative Law Judge) in Indiana I immediately received a Blue Cross bill for $85,000 for a guy with the same name (but also a different middle initial). I called them up and explained that I was not the guy; that it could not be me because I had never been covered by Blue Cross (I opted for the HMO; which in retrospect was a bad choice but who knew then!). It took about 6 months of perseverance but they eventually listened to reason.............or maybe I just wore em' down.

 

The problem is that the people who scan the judgment books (that's how this stuff originally gets off the rails) are paid minimum wage (and they make mistakes). Once the information is in the system the burden of proving it's not you is on ......well................you. The only real weapon you have is perseverance, which judging by what I've seen of you here, will be quite enough.

 

PD

Link to comment
Share on other sites

  • Members

Most of the advice you've been given is right on, but my favorite is stab them in the face.

 

Trust me brother. They call from out of state for a reason, and it's a good thing, because I just got me a full size Ka-bar fighting knife for just this sort of occasion. I could stab them through the face.:D

C7

Link to comment
Share on other sites

  • Members

 

What dickweeds. I've known people this has happened to... They even came into work in the middle of the day once and took her away in cuffs.

 

Is that legal, or did the cops come and do it?

I'm glad my name is so unique, It's bad enough now but I'm fairly certain that if I were to de-anglicanise it the spelling would scare the identity thieves away.

Link to comment
Share on other sites

  • Members

Collection Agencies have to abide by a certain set of rules and regulations, so there are limits to how they can go about collecting the debts they've purchased. I'm not up to date on what the laws are, but it still sounds to me like the agency harassing you is in violation of at least a few of them.

 

Call Jugghaid. He should be able to crush them into dust.

Link to comment
Share on other sites

  • Members

 

Collection Agencies have to abide by a certain set of rules and regulations, so there are limits to how they can go about collecting the debts they've purchased. I'm not up to date on what the laws are, but it still sounds to me like the agency harassing you is in violation of at least a few of them.


Call Jugghaid. He should be able to crush them into dust.

 

 

 

Precisely. #1 is calling your mom and harrassing her. There are also hours of the day that they are allowed to call, and they cannot for ANY reason call you at your workplace, or threaten you in any way.

 

Been there.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.


×
×
  • Create New...