Fight Back Against Debt Collectors

Reported by: John Matarese
Email: jmatarese@wcpo.com
Last Update: 11/19 7:57 pm

It's happening to more and more of us in today's troubled economy: You receive a threatening call or letter saying you owe money.

And if you do nothing... The calls get more frequent, and more nasty to the point of harassment. Are they allowed to do this? And how can you stop them?

More and More Receiving Calls

The calls come at all hours of the night....and people say messages like the following are crossing the line.

"I am like right now climbing into your family background. I am going to dig up so deep."

Every week, I hear from viewers fending off debt collectors. Denise is a law abiding Cincinnati-area mom. But she tells me one day "I got a letter claiming I owed someone 550 dollars."

Mike is a Northern Kentucky businessman who tells me he's never fallen behind either. But, says, "I got a call claiming I owed some bill."

More Aggressive than Ever

Attorney Billy Boward has filed dozens of lawsuits against debt collectors, for using what he claims are harrassing or abusive methods.

Among them: Calls like this one, allegedly on behalf of the car-seller JD Byrider, and one of its Florida locations.

"Now I am going to have to take it to a different level...."

This message was left for a woman who was late on her car payment.

"I'm going to turn it up a notch. I'm going to have to put this car on TV as being missing, which I can do. I can go on cable and do that. It's going to embarrass the daylights out of you. It's going to embarrass the daylights out of your mom. And I think you've got kids, too, if I'm not mistaken."

One of Billy Howard's lawsuits was filed on behalf of Dane McLeod, whose husband Stanley was behind on the mortgage.

Stanley explained he had heart problems and had to be rushed to a hospital by helicopter. The collector's alleged response?

"Stanley McLeod you need to call Greentree and get your act together and make a payment on your mortgage. Quit playing games. Why don't you have that helicopter pick you up and bring that payment to the office."

4 months later, Stanley was dead.

Know Your Rights

So what are your rights? Consumer advocates say debt collectors:

  • Can't harrass or lie.
  • Can't present themselves as attorneys.
  • Can't call before 8am or after 9pm, unless you agree.
  • Can't call you once you write, telling them to stop.

And thats the key: Sending them a letter, certified mail. One website -- Fair-Debt-Collection.com -- has sample phone scripts and letters for you to use, if a collector calls you (click above).

If you dont take action, you can end up like Kelly Cassidy.... in tears.  Kelly says "All I can do is try to correct them...And its hard to do when its someone who doesn't care. That's how I feel!"

Postcript

A spokesman for "Greentree Servicing" says they don't comment on pending lawsuits. JD Byrder would not make any comment either. Byrider franchises in Ohio are not involved in this case.

You can find out more about your rights -- including a link to that helpful website --regarding debt collection by clicking the link above...so you don't waste your money.

I'm John Matarese.

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Source: Consumer Reports