Legal Question in Credit and Debt Law in Washington

Harassing Collector...

It was unclear from your message whether the credit card was in your name or your daughter's--if in yours, I'm not sure why or how the creditor would have even had your daughter's name & #. I must assume it was in your daughter's name. Since I am in Louisiana and unfamiliar with any laws of other states outside of LA, the following information is provided with the warning that your daughter should check with a lawyer in the state where she lives--each state has different laws regarding collections, etc. That said, the Federal Fair Debt Collection Practices Act (FDCPA) which generally applies to all states, provides that a debt collector may not speak to anyone other than the debtor regarding a debt unless the debtor has first authorized them to do so. As such, I would suspect that the collector would be reluctant and/or refuse to talk to you about it if it's your daughter's debt.

Your daughter, as the debtor, has the right under the FDCPA to instruct the collector not to call her anymore--they may then continue to contact her in writing only. However, she needs to send them a certified letter indicating same--don't just rely on telling the collector not to call by using the telephone. Should they continue to call her after receiving the "do not call" notice, they could be subject to penalties/fines under the FDCPA. Tell her to make sure she cites the FDCPA in her letter and/or telephone conversation with the collector(s).

Now, if it's really your account & the collector's been calling your daughter about YOUR debt without your permission, he's probably already violated the "do not call 3rd parties" rule under the FDCPA and you may have a claim against him/his agency/Texaco for penalties and/or damages under the FDCPA. Better have your daughter (& or you) consult with a lawyer in her (&/or your) location for more accurate and tailor-made information. Good luck....

How to stop collector harassment

FInd an attorney who will represent you for anominal fee then notify the collector that allcalls must go to the attorney. If he callsafter that, he is violating federal law andcan be sued for damages as well as enjoinedfrom further violations. The best part is thathe will have to pay your attorney's fees!

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