Sometimes certain things can happen in one day that can change your life. And today, one of those things happened for me.I had just finished writing my journal entry this morning, when the phone rang. It was a collections agency. They wanted me to pay them money (why else would they call LOL!). I told the man, as I have every day for the past 6 months, that I cannot afford to pay it. I hung up the phone, and started getting ready to go to Sears with my mom. The phone rang again. It was the same man. This time, he was screaming at me. He told me he was going to send some men to come to my house, break down the door, and physically MAKE me pay. He said he would call Social Services, tell them that my son is abused and neglected, and have them take him from me. He said he was going to call everyone I know, family and friends, and harrass them until I pay. He said he was going to tell them that I am a 'trashy little whore, who is a drain on society" He also said I need to commit suicide, because I am a worthless bitch. (One of the people he threatened to call was my father-in-law's ex-wife, whom I have never even met!) He refused to tell me his name also, and said it was 'Joe Mama' every time I asked. I hung up the phone with him and he called back repeatedly. I tried to call my dad, but I couldn't use my phone because he kept calling. I finally had to unplug the phone after he left 19 messages on my answering machine. 19!!! Can you believe it???So, my mom finally got to my house, and I told her what was going on. Now, those of you on here who know me- I don't even have to explain how upset I was by all of this. She calmed me down, and told me to file a complaint with the BBB when we get back. We went to Sears, and we bought Jonathan some cute new clothes for school. My mom and I LOVE shopping together. It's our 'bonding' time. I love my mommy!When she dropped us off, I did as she suggested and filed a complaint with the BBB. I told them everything. Then, my dad called. He wasn't too thrilled with the fact that someone said these things to his baby girl. He told me to call the Ohio Attorney General's office and file a complaint with them, even though I filed with the BBB. The woman who took my complaint told me to also file another complaint with the Federal Trade Commission (spelling?). I did that also.Then, I found this when I went back to the BBB's page:If you experience problems with a collection agency, it's important to know your rights. There are two types of debt collectors: creditors, to whom you owe money directly, and third party collectors, which collect on behalf of companies. Under the Fair Debt Collection Practices Act, creditors and third party collectors may NOT: * use false, deceptive, or misleading representations or means; * harass, oppress, or abuse any person while seeking payment; * use any false statements or engage in unfair practices. The Better Business Bureau and the Federal Trade Commission offer the following information on fair collection practices. Contact Debt collectors may not contact you before 8 a.m. or after 9 p.m., unless you agree to alternative times. They may contact you in person, by mail, telephone, telegram, or fax; however, they may NOT contact you by postcard. Collectors also may not contact you at work if they know your employer disapproves. You may stop a collector from contacting you by writing a letter to the agency telling them to stop. Once the agency receives your letter, it may not contact you again except to say there will be no further contact, or to notify you if they intend to take a specific action. If you have an attorney, debt collectors may not contact anyone other than your attorney once you've provided the attorney's information. If you do not have an attorney, collectors may contact other people, but only to find out where you live and work. In most case, collectors may not contact such permissible parties more than once and cannot reveal to anyone other than you or your attorney that you owe money. Within five days after you are first contacted, collectors must send a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what action to take if you believe you do not owe the money. If you believe the company contacted you in error, you must write to them within 30 days after the initial contact; upon receipt of your letter, the company must cease collection activities. However, if the company can provide proof of the debt such as a copy of a bill for the amount owed, the company may renew collection proceedings. Prohibited Practices Debt collectors may not engage in unfair practices while attempting to collect a debt. For example, they may not: * use threats of violence or harm against the person, property, or reputation; * publish a list of consumers who refuse to pay their debts (except to a credit bureau); * use obscene or profane language; * use phone calls to repeatedly harass you; * fail to identify themselves on the telephone; * advertise your debt; * threaten arrest if you do not pay your debt; * say they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; * indicate that actions such as a lawsuit will be taken against you, which legally may not be taken, or which they do not intend to take; * collect any amount greater than your debt, unless allowed by law; * deposit a post-dated check prematurely. Debt collectors may not use false statements when collecting a debt. For example, they cannot: * falsely imply they are attorneys or government representatives; falsely imply you have committed a crime; * falsely represent that they operate or work for a credit bureau; * misrepresent the amount of your debt; * misrepresent the involvement of an attorney in collecting a debt; * indicate that papers being sent to you are not legal forms when they are; * give false credit information about you to anyone; * send you anything that looks like an official document from a court or government agency when it is not; * use a false name. Law Violations If you believe a debt collector has violated the law, you may sue in state or federal court within one year from the date of the possible violation. If you win, you may recover money for damages you suffered, including court costs and attorney's fees. You should also report problems with debt collectors to the Attorney General's office and the Federal Trade Commission. So, after seeing this, I called the Cuyahoga County Bar Association's referral line. I was given the name and phone number of a lawyer who can help me. I called him, and he is VERY interrested in helping me. He suggested filing a lawsuit against them, and wants to meet with me on monday. He said that we can sue the company and possibly get 'punitive damages' against them. He will explain more on Monday, and we will discuss the details. He also suggested that I go to Radio Shack and get a device to record phone conversations. This man does this just about every day to me, always saying the same things to me. So, now I just have to record the phone calls. Plus, he left messages on my answering machine, which gives the date and time of the calls (which are all less than 2 minutes apart...)Who knows? Maybe Jonathan will be receiving alot more money in his college fund? I don't really care about getting money from these people- money isn't that important to me. I really just want them to stop doing this to me, and I want them to stop doing it to other people as well. I cannot be the only one that they have done this to. I want it to stop. What if these people say this to someone who IS wanting to commit suicide? Then what? It's not right, and it has to stop. And, it's going to stop with me.
Replies
Melinda, *hugs* i am so sorry you had to endure that awful emotional abuse. definitely take this to the highest level, and do all you can to stop this from happening to others. This is awful, and no one should be harassed like you were.
yes Melinda I agree with Chris. I\'m here if you need me to listen. *hugs* to my friend Melinda for all she is enduring.
AHHHH Melinda !!! That lawyer can help you in other ways too. Get referals for dad and for your personal use.
We went and bought this thing that plugs into the phone line and a cassette recorder to record the phone calls. We can turn it on and off, so we don\'t have to record all conversations- just the ones from this guy.
Wish me luck! Hopefully, if all goes well, I can get these people to stop breaking the law and hurting more people. I\'ve always wanted to make a difference, maybe this is my chance?
I hope you do get a settlement. I was reading your story, and I was already getting ready to tell you of your rights, before I saw that you had learned about them. What this guy did is a BIG DEAL. The government can nail his butt to the wall, plus the government can nail the company he works for to the wall. They can have to pay you SO much money. Don\'t let this go!!! You will win, no problem. They don\'t have a leg to stand on.
i don\'t think that any recording (other than answering machine because the party obviously knows they are being recorded) is admissible in a court of law unless you are recorded as telling the other person that they are being recorded and they consent to the recording. I had to have this done as part of a harassment suit years ago. I needed the consent for it to be admissible. Just check with the lawyer because I don\'t want this to snowball. I want only the best for you!
Thing is- when he was saying all of those things to me, I told him I was recording it all, and then asked for his name. He said, \"I am recording this to! My name is Joe Mama, and I am speaking to the dirty little whore!!!\"
He didn\'t know, I could have been recording it. What if I really was? I am just going to record it, and tell him again next time that I am. That\'s what the lawyer suggested I do.
I hope this man gets what he deserves.