Legal Question in Credit and Debt Law in Arizona
harrasing letters and calls from a debt collector
last year my brother came from the UK to AZ to vacation for 2 weeks. Whilst here he and his daughter suffered heat stroke problems, they went to the local hospital, who promptly examined them and said there was nothing wrong with them. I gave my name address and phone number as next of kin during the check in process.
Since this I have recieved about 3 phone calls and 5 letters from various debt collectors requesting money. I am sick of the harrasment.
My brother gave his name, UK home address and travel insurance when he was at the hospital. I appears that the debt collectors find it easier to harass someone in the USA, than send an invoice to the UK.
I understand that the fdcpa states that a collector cannot pursue a debt through a 3rd party. (namely me)
How do I get them to stop? I also want restitution for my time and inconvenience!
2 Answers from Attorneys
Re: harrasing letters and calls from a debt collector
Send them a letter, by certified mail with return receipt. Tell them that you do not owe the money and demand that they never contact you again. If they do contact you AFTER they have signed for the letter, then see an attorney and sue them for violating the Fair Debt Collections Practices Act.
You can't get "restitution" for your "time and inconvenience."
Re: harrasing letters and calls from a debt collector
Section 1692c(b) of the Fair Debt Collection Practices Act prevents debt collectors from involving 3rd parties in their collection efforts.
There are three important factors to consider:
1. Are the calls coming from a debt collector?
It the collection contact(s) are from the hospital, or a wholly owned subsidiary of the hospital, they are CREDITORS and the FDCPA does not apply.
2. Are you also a debtor in the consumer debt that is being collected upon? Did you co-sign with the debt? Did you obligate yourself somehow for the hospital debt?
3. Is the contact from the debt collector "collection activity"? The debt collector is entitled to attempt to discover the location of the debtor through reasonable efforts.
Is the debt collector attempting to find your brother, or is it attempting to collect the debt?
If you would like to discuss further, feel free to call my office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
