Legal Question in Credit and Debt Law in New York
Debtor's calling for the wrong person
My brother chose to use my address to have packages delivered to from a catalogue/store. He has stopped paying on this account, and now a law office is making daily calls to my home. My fiance called to tell this office that they have the wrong person, and to give them my brothers phone number, and the representative was rude to her, telling her that they can't accept another number from anyone but my brother.
I have contacted my brother twice about this, and he says he has called the office.
I want to stop these calls. Who should I contact if the agency refuses to stop calling me even after they have been told that the person they are trying to contact does not live at the address they are calling?
1 Answer from Attorneys
Re: Debtor's calling for the wrong person
you would have to have their name and address to write to them, but that's what you need to do, certified letter, return receipt requested warning them to stop calling you. You can tell them that the FDCPA (fair debt collections practices act) allows you to stop threatening calls from collection agencies under penalty of sanctions. If they continue, find a lawyer who will sue them. Each violation is $1000 PENALTY, plus attorneys fees (payable by the offending collection agency). You write them and they will stop. Meantime, get your brother to pay his bills and give you a break! Next time, don't accept his packages...return them!