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These bullies will resort to no end to get their money. Since my mom is on social security and they cannot attach her check, they were trying to get her to give them her bank account number (debt card) so they could attach her account. A sneaky way to attach her $700.00 monthly social security. The guy asked her to borrow more money to pay them off or he was sending the sheriff to her home to take everything she owns. My mom is 70 and like most elderly do not understand that these are threats. should these people be allowed to prey on the elderly without them having an advocate to explain what their obligations are? These people are despicable and are bullies. If you call them ### they get all upset, pretty thin skinned for such big bullies who have no problem threatening the elderly. Bullies always pray on the weak. DO NOT SIGN ANYTHING THEY SEND YOU. If you must go to court, do so. The judgement you receive will be fair and legally spelled out and explained, if you sign anything, they will resort to doing the same thing to you. MAKE SURE YOU GET COUNSEL BEFORE YOU SIGN OR AGREE TO ANYTHING especially with this lot.
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Dealing with debt collectors can be extremely frustrating. Knowing your rights is critical when it comes to dealing with debt collectors. These rights are explained in the FDCPA (Fair Debt Collections Practices Act), the federal law governing debt collection practices. It is against the law (FDCPA) to abuse anyone in order to collect a debt, regardless if the debt is valid or not. So many debt collectors do not care about the law. They resort to abuse because it works, it works because so many people do not know their rights and don't know how to fight back. You have several choices here:
1. Send the collector a validation request (you have the right to ask the collector for proof of the debt, etc). Ask for "Proof that the debt is valid' and "Proof that they have legal standing to demand a penny" from your mom. Send certified mail with return receipt requested. Sometimes this is enough to make them go away.
2. Send a Cease and Desist communication letter (They must stop calling/contacting you) (Also Send certified mail with return receipt requested.)
3. Contact a NACA (National Association of Consumer Advocates) attorney (www.naca.net) in your area to handle the situation for you. Most have a free consultation.
Best of luck!