I'M getting debt collection calls disguised as job offers for my Housemate...

[Gilhelmi]

snip
Don't wait, Gil. You need to talk to your parents about their finances if your dad has Alzheimers.

My father already took the major step of establishing a 2 irrevocable-trusts (farm and home). Which I am the trustee on, so no major financial decisions can be made without my signature. I just make bi-annual payments from the farm account to maintain the household and living expenses.

I love my father, he learned well after what happened with my grandfather selling land without telling anyone, and really messing up the finances for a few years of smaller crops. Not to mention grandfather lost most of his medicare/medicaid benefits because of the money he "made" on the sale. He meant well, he did not want to burden us with the nursing home expenses, but the lost land was more of a burden.

I am more concerned with as they get older, they will start getting more trusting and giving out personal information. Leading to identity theft.

[Sapphire Silk]

That's a valid concern.

Well, at least you won't literally lose the farm this time. But your dad may lose some petty cash. Sounds like he set up a good system though; he can't be cleaned out.

[taxguykarl]

Any updates, Lily?

[LillFilly]

Any updates, Lily?

No calls since then from the company.

My parents are in complete control of their faculties, it's just the woman made it sound so urgent and they didn't want my housemate to miss out on a job opportunity so that's why they gave her the information.

[Gilhelmi]

it's just the woman made it sound so urgent and they didn't want my housemate to miss out on a job opportunity so that's why they gave her the information.

Lawsuit. Your roommate has a good case, and you have a good case too. I am rather certain that lying to people to get information is illegal. They got your number (probably not legally) and harassed you, so you have a case too. So bonus, the collection agency might end up paying off your roommate "debt" (if it existed) and buying you something nice with the settlement.

(Disclaimer, I am not a lawyer. Please look up the laws in your state, your parents state, and federal guidelines for full information.)

[fma_fanatic]

The job opportunity is a new one. I'm going to have to keep that in mind when I answer the phones at work since we get a lot of debt collectors calling there.

The favorite thing for me when they call and they start threatening with arrest is to ask them if they need directions. I have the address of the local police station that's up the street from where I work and I offer to meet them there on my lunch break. So far no takers. Bear in mind, this is not my debt, but debt collectors threatening to have me arrested because I won't give them personal contact info for the person they're looking for.

[taxguykarl]

Bear in mind, this is not my debt, but debt collectors threatening to have me arrested because I won't give them personal contact info for the person they're looking for.

You have a case as well. If your state allows recording calls, take a recording to a consumer attorney--you have a slam dunk.

[Barracuda]

In the United States, threatening someone with arrest to coerce them to pay the debt is flagrantly illegal and actionable under both criminal and civil statutes. If anyone ever says that to you, immediately advise them they are in violation of the Fair Debt Collection Practices Act, and inform them you will be filing a complaint with the government as well as contacting a consumer lawyer to file suit against their company as well as them personally. They are required by law to identify themselves if asked and also at the beginning of the call. Make sure you get their name before informing them you will be pursuing legal action. Then, DO IT. Suing is a hassle, I know, but frankly the only way to actually shut people like this down is to slap them back to reality, HARD. And frankly, the earlier posts were right--not only does the debt get legally voided in cases like this, the collector is on the hook for legal fees and damages as well.

[eltf177]

Of course, if the debt collector is in another state this will be difficult. And if in another country even more so...

[Argus]

In the United States, threatening someone with arrest to coerce them to pay the debt is flagrantly illegal and actionable under both criminal and civil statutes.

What about "I need to verify an address to present you with your formal claim at your residence and place of employment. [not my name at all], you have charges and a claim against you. At this point, you have one opportunity to contact the firm handling your claim to discuss this matter."?

[Captain Trips]

What about "I need to verify an address to present you with your formal claim at your residence and place of employment. [not my name at all], you have charges and a claim against you. At this point, you have one opportunity to contact the firm handling your claim to discuss this matter."?

In the U.S., it's also illegal to contact a person's place of employment to try to collect a debt.

The FDCPA has done a lot to reverse the worst tactics used by bill collectors. Unfortunately, not all collection agencies seem to be aware of this.

[Argus]

In the U.S., it's also illegal to contact a person's place of employment to try to collect a debt.

Ah, but is it illegal to simply claim they're going to contact an employer and/or send a process server there?

[Deserted]

For _years_ I've been getting calls on my land line at home with messages for a James Cheatwood about "important financial matters" from various companies. The callback numbers were always long-distance so I just ignored them.

This sort of thing has just recently (last couple months) started happening to me. They're looking for the same guy each time, and I tell them no, I'm not him, I don't know him, I've had this number for 7 years now. Without fail they've all been apologetic and told me they'd remove my number from Mr. Scumbag's file.

As for parents, both of mine died (separately) early last year, and I'm executor of both estates. I am STILL getting bills for both of them. Mom owes the cable company $125, Dad owes a medical brace company something like $600... except that Mom's account was settled by me, in cash, in person, I have a receipt in my files if I ever need to deal with it, and Dad NEVER wore a medical brace EVER. I'll have to remember to ask for proof if it ever comes to that...

[EricKei]

Get their addresses and send them Certified letters requesting proof of the debts. IIRC, thay have 30 days to respond or they have to drop it. Either they're scamming, or your folks have the same names as someone else in their list. It wouldn't be the first time I'd heard of a collection agent not bothering to do their homework.

[Captain Trips]

Ah, but is it illegal to simply claim they're going to contact an employer and/or send a process server there?

Well, since they can't actually DO that, they'd be lying. And it's illegal to lie on a collection action.

The FDCPA has really cracked down on all sorts of tactics they used to use, but unfortunately most people (and some collection agencies, it appears) don't know about it. (Perhaps those agencies do, but count on the general public not knowing about it.) And I do believe that it includes the penalty of forfeiting the debt should they violate any aspect of it. (I've used this to get some actions cleared up. The minute they violate it, you owe them nothing.)

Note: I Am Not A Lawyer, and am only relaying my experiences. Do NOT take my postings as legal advice - should someone really need it, go to a real lawyer.