Legal Question in Credit and Debt Law in California

phone call from bank about person who uses my address

Bank of America continually call my home number and my tenant's home number looking for a person who lives at my address in a motor home. We have told them he doesn't live with us, we are not related and stop calling. They refuse and told my tenant that our credit will be looked into and that they will take legal action on us and that my tenant ought to move so as to not be involved and live with someone who doesn't have an anger management problem. What can I legally tell these people when they call, to stop them from harrassing us?


Asked on 3/30/07, 3:13 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: phone call from bank about person who uses my address

You should have an attorney promptly draft a legal cease and desist letter on your behalf, as well as a VOD provision therein, to make B of A stop harassing you, or face litigation themselves.

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Answered on 3/30/07, 4:36 pm
Amy Kleinpeter Clark Kleinpeter Law

Re: phone call from bank about person who uses my address

I would not send a letter stating anything about litigation as it can result in unforeseen consequences.

Instead, just get their names (they will probably be fake, but it is something) and the name of the company. If you cannot get that, save the phone number on my telephones and write it down. If they leave phone messages, you can record those.

Take those to an attorney who specializes in Rosenthal Act and FDCPA and sue them. What they are doing is illegal.

-- Amy Kleinpeter

http://www.amykleinpeter.com

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Answered on 3/30/07, 7:56 pm


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