I need some help bad!

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

Oh my gosh. This can't be right! Is this your debt? I would send this guy a DV super fast... don't forget the CMRRR.

He is definitely not going by the law. Don't ever give out any personal or financial info.

And don't call him again.

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If you mean that he's not going by the law in threatening to sue, he CAN threaten that. A threat, under the FDCPA, is essentially making an "empty" threat to do something in order to intimidate. If the CA CAN sue (as in, still within SoL), they can threaten you with that all they want, since you can't prove that they won't actually sue.

He does still have to validate the debt though, if she asks for it. But it doesn't sound like she has DVed'em yet.

OP: I would DV this butt-nugget, like BZZY says. And I'd send them a letter (if it's out of SoL) stating that they can only contact you by mail. Don't let this poophead call you EVER again. If he's not going to be nice, you don't have to, either!!

(Again, only C&D them if you're out of SoL -- otherwise, they very well COULD sue!!)

Speaking of which, what's your state and what kind of debt is this??

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what is C&D ? sorry for asking a stupid question

[Anonymous]

Wildcat: What stupid question? Sorry, I didn't see one!

C&D means "Cease and Desist." Its a letter that instructs the CA NOT to call you. Some states have put limits on what you can tell a CA to do, contact-wise, and has specified that in their state, CAs asked to C&D can only call once a month.

I'd only C&D them if you're out of SoL ... otherwise, they might get nasty and initiate litigation (depending on the amount owed).