I belong to a family owned collection agency and I am so disappointed in the way you are being treated. While collection laws vary from state to state, it is illegal for anyone to contact anyone other then the debtor to collect the debt. Let's start with this - you acknowledge that the debt is owed. The next step is to figure out how to pay that debt off. Keep in mind that while laws also vary depending on what type of collection you have (personal or commercial for example) you must know your rights. You have the right under the Fair Debt Act to dispute and request proof of debt. You have the right to request it be disputed and you also have the right to make a payment plan that will work to pay off the debt.
When the collection agency contacts you again, you tell them that you are disputing the debt because it was co signed. Tell them that you need proof of the debt which is your right. That way they will have to note in their computer system that you have disputed the debt and it will be noted on the credit history as well. Also, tell them that you know your rights and they are engaging in aggresive practices. Ask for the persons call back number, extention and address of company. REPORT them to the BBB. You may want to consider calling the ACA which is the american collectors association. If the agency is aggressive, this agency should be made aware because reliable agency's like mine work to keep our reputations clean. Oweing debt is something that is fixable. It's the way a company handles the situation that is important. It seems that their people have been trained to be aggresive. Our agency works differently. I would much rather see our people take a 10 a month plan for a long time then intimitade people. One thing you must know....there is a statue of limitations. If the debt is old - lets say 6 1/2 years....it is dead in the water (check in your state) If it is that old you are not responsible any longer. IF YOU AGREE TO PAY AFTER THAT TIME it's as if the debt is a new debt. Some agency's will by old debt and then start calling people and the consumer is not aware they are not liable because the limitations have run out.
Keep in mind that debt collection can be tricky because company's turn the debt over to an agency to collect it. Sometimes it may be paid off inbetween. In our agency, we send a note in the mail. We then send a second and then finally a third. Each letter must, by law be spaced a certain amount of days apart to allow a person time to pay off the debt. WHen a debtor has ignored all three letters, they are told via mail that they will be reported to the credit bureaus. We work with attorney's to make sure that we are following the law.
I hope that this has helped. I will not be checking my email again until poss monday but before you call, do some research, know and understand your rights under The Fair DEbt ACT and stand your ground. Don't be pushed around. Good luck
