Legal Question in Credit and Debt Law in Missouri

Re: Unethical collection tactics

The Fair Debt Collection Practices Act forbids this kind of collection tactics. It is unethical for an attorney to threaten criminal charges to gain a bargaining position in civil cases. Thus my first call would be to the state bar of whatever state this attorney collection firm is in. It makes no difference if the attorney threatened you (or your parents) or if some underling did it, because the attorney is responsible for the conduct of his subordinates. So step one is call the state bar and find out how to make a complaint against this attorney's license.

Step 2 is immediately stop the charge authorizations. An attorney or collector can call your parents to get location information, but he cannot attempt to collect YOUR debt from them. If he does, that violates the FDCPA. Stop the payments immediately and do not make them.

The next step to take is to get the street address or fax number of this collection agency and fax them the following letter:

Sir:

Under the Fair Debt Collection Practices Act, I invoke the protection and direct you to immediately stop contacting me. Any attempt to contact my parents or my siblings will be seen as a violation of the Act. Your prior tactics are being reported to the Federal Trade Commission.

Sincerely,

YOU

Now, after you fax and mail the letter (return receipt requested) log every call anyone in your family gets. When you have three or four of these calls, then go see an attorney and ask to file an action against this debt collector. You could actually do that now, if you wanted to, but it would be better if you waited until they violated the "no contact" rule. Keep in mind just telling them over the phone not to contact you will not invoke the protection of the law. You have to send them notification in writing.

Next, contact the FTC and report the agency. Fill out a complaint form against them, and follow up every month with the FTC to find out what has happened. This collector is violating the law and if you wanted to sue them, you'd probably have enough with your parents and sibling's testimony to get a good verdict against them, assuming the accuracy of the information you provided here.

Good luck.