Collection Agency Harassment - Not my debt

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Tayler

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My son fell behind on vehicle payments. He was out of work due to injuriers after an uninsured drunk driver with a suspended license ran a red light and broadsided him. The driver has no assets to sue for and my son had no money for a lawyer.

The creditor has been after him to repossess his vehicle and turned it over to a collection agency. My son is now paying $2000-$3000 a month and has tried to work out something with the creditor. Since April he has paid $9000 which is just under half of what is owed. If it had not gone to collection, his payments would now be current.

The biggest problem is the collection agency is harassing me. They come to my house with tow trucks, argue with me when I tell them he isn't here and I don't know where his vehicle is (and I don't know and I don't want to know). They call me 7-10 times in row two or three times a week. Once the woman said she was tired of playing games with me and was going to do something about it. I took that as a threat. They called last night and tonight pretending to be a survey company. They call after 9:00 p.m.

MY SON IS 36 YEARS OLD. I don't know his business, I don't want to know his business. He is trying to take care of his business and no one will let him.

I made a police report -- big deal. Doesn't seem to be anything they can do. Claim they are not breaking the law.

All I want is to be left alone.

They have my son's cell phone number.

I read the Fair Debt Collections Practices Act article. I think these people are breaking the law. What can I do?
 
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If there is a violation of the FDCPA, then do yourself a favor - write a letter and send it via certified mail. State in it the violations.

Unfortunately the company will probably keep looking for the vehicle. It is their right unfortunately as per the agreement. I can understand your frustration but the creditor isn't getting paid for money he put out for the vehicle.

What might be the best way to proceed? Perhaps speak to the creditor and tell them that, at this point, if they want to continue along this path then your son will declare bankruptcy. They've got a choice - either to work something out so he can repay his debt or stand in line to get pennies on the dollar at best. Whatever you do, make sure you get it in writing. I am not a specialist in this area but it would seem to be a prudent path.
 
This collection agency continues to call me and now they are calling my cell phone. Will not give me an address and told me there is nothing I can do about it and they will call and come to my home any time they please. I know they are out of Sacramento, CA.

I don't know anything about this business and the police won't help me. I've tried changing phone numbers and they still call. I do have several phone numbers for these people. This is the worst nightmare of my life.

Anyone have any suggestions?
 
What state are you in? If you are also in CA, there are laws that can help you avoid the harassment.

Let us know?

- Carl
 
I live in Kansas. I believe the company harassing me is in California. I don't know if I should contact Harley Davidson who evidently is the company who hired these people or what.

I hate to think what it is like if someone steals your identity !! These people know I don't have the property, don't owe them the money, and they still keep calling me.
 
Then it will be KS law that applies, not CA law.

Does your son live with you? Did you co-sign for the loan?

You might consider speaking to the creditor, but if your son still lives with you then your address will still be their target. You might also check with the KS Attorney General's office and see if they have resources to address debt collectors in this situation - we have such a resource in my state, I imagine that there is assistance in yours as well.

Alternatively, if they want the vehicle back, maybe he should just hand it over to them.

- carl
 
My son hasn't lived with us for years and years. I don't co-sign ANYTHING for ANYBODY. Plus, he was quite capable of paying this at the time he got it. He was hit by an uninsured drunk driver and couldn't work for a year -- got behind. HD won't work anything out with him. And he's 36 years old for cryin' out loud, doesn't ask mom for help anymore!! He has no permanent address, travels from here to Arizona or wherever he can fight (MMA). So when he needed to give an address he uses ours as a mailing address only. But he doesn't live here. Doesn't need to, he's a big boy now !! Anyway, he doesn't live here, doesn't use my address anymore either. They have his cell number, he just doesn't answer numbers he doesn't recognize. He would give the bike up, but he still has to pay for it, so he says he's just going to pay for it as long as he's making money. Always intended to pay for it.
 
So when he needed to give an address he uses ours as a mailing address only.
That's why you're stuck in this mess.

He would give the bike up, but he still has to pay for it, so he says he's just going to pay for it as long as he's making money. Always intended to pay for it.
But, wouldn't giving it up make this all go away? His credit wouldn't be flushed down the toilet and he can help keep you and he from getting harassed by creditors.

But, check your state AG website and give them a call and see if there are any resources to help deal with collections agencies.

- Carl
 
The way it works on a repo is they take the property and supposedly auction it off and you pay the difference in what they get and what was owed. Having worked in a financial institution I know what the "auction" is. Somebody at the bank has a buddy who wants the property so they get a few friends to bid really low and one of the friends gets the property at a fraction of its worth. The consumer ends up paying the rest (which is most of the loan) and still has no property. Plus, up until this month, he owed more than the value of the bike. Now he's more than half paid off. It's a lose-lose situation for my son so he's struggling to pay it off. He always pays his debts. He just got into a bad situation and nobody will work with him.

Thanks for the info. I really appreciate your comments !!
 
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