Legal Question in Credit and Debt Law in Ohio

credit card callers for someone not in the household

my soon to be ex-wife has been out of the household for almost 4 months now, i get calls from cross country bank and a collection agency for her. i have told them many of times that she longer lives there and to quit calling, today they called the house 8 times. from 7:15 am till 3:30 pm. this is when i leave for work. there will probably be another 3 calls when i get home. i told them 3 days after she had left that she no longer lives there. And my name is not on the account never has. she had it before we were married. can i get them for harrassment? i sleep during the day, and this is really starting to mess me up. any help would be greatly appreciated. thank you.


Asked on 10/15/02, 6:16 pm

1 Answer from Attorneys

Stephen Daray Sciangula & Daray

Re: credit card callers for someone not in the household

The first thing you should do before you finalize your divorce is to run a credit check on yourself. You should make sure she has not put your name on any of her cards. If she has, you better deal with it before you get divorced and not after. Now what to do about these calls. First, go to Radio Shack and get a device that connects to a mirco-cassette recorder so you can record your telephone calls. This is perfectly legal. Next time you get a call, don't waste your time with the operator. The operator is controlled by a computer sysem that actual makes the calls. Whoever you talk to make sure you get their full name. I suggest asking to speak with the advisor. Tell the advisor who you are and ask if you ar listed on the account. Thereafter, provide your wife's address and get them to promise to change their system so you do not get any calls. After they say they will (they always do, then let them know that you ahve recorded the telephone call and state that you have recorded this for purposes of the Fair Debt Collection Practices Act (FDCPA). I will be honest and tell you that the FDCPA has little to do with your situation; however, they hopefully will not. If that does not work, call the telephone company and ask them to make a listing of all the calls to your telephone. I hope this helps. If it doesn't, email me and we go from there. **It may take a couple of weeks and telephone calls to get the system to stop calling you. Good luck.

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Answered on 10/15/02, 7:39 pm


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