Legal Question in Credit and Debt Law in Virginia

Re: Collector calling me for someone else's debt

You should see a "plaintiff's lawyer" (the type

who takes cases on contingency, who often

advertise for car accident cases and the like).

It can be a violation of the Fair Debt

Collections Practices Act to harass people by

telephone. But exactly when does a few phone

calls graduate into harassment? It is hard to

say. But calling you late at night and very

often, probably becomes a violation, especially

when you are not the debtor.

There are tools by which the collection agency

can try to find someone (such as by a credit

report) without harassing you, so they are

supposed to do that instead, to search for your

son, not just harass you as non-debtors.

Furthermore, the debt is probably outside the

statute of limitations. (You said when he took

out the card. The question is when payment was

due, and was not paid on time.)

Therefore, they are also harassing you over an

UNcollectible debt, which is also possibly grounds for a lawsuit against them.

You do have the right to sue them for a

violation of the FDCPA.

Unfortunately, I am too far away to help you.

So you should find someone local.