They can be annoying. In 2003, we won a small claims suit against Dell for some equipment. Should have been end of story.

But instead, some outfit called Allied International bought the debt the court said we didn't owe and have been calling 8-15 times a day, 7 days a week, ever since.

No amount of complaining to the BBB. state of Texas, or the federal consumer folks deter them. I did get them to stop calling me at work, so I just let my cell ring, and then clear them off at the end of the day.

Tiresome.

Wow, I think I would have hired a lawyer by now. Or maybe a hit man.

I don't want to spend any more money over this $2500 claim that we won in JP court. Really, I'm just curious at this point how much longer they can keep it up.

If they were closer (they're in Florida) I really might consider throwing rocks at their office.

I would send a Cease & Desist letter to Allied International and mention that the phone they’ve been calling is a cell phone. I’d make a copy of the letter for my records and send the original via Certified Mail to their office. In addition to the court ruling regarding the debt, I would also check the laws of my state to see how long an unsecured debt remains valid and collectible. Most likely, after 10 years, the debt is time barred even if it was valid, which is not the case.

I would be surprised if the phone calls continued, but if they ignored my Cease & Desist letter after a couple of weeks, I would keep a log of all phone calls. I would also check my credit report to see if they improperly appear as a creditor.

I would then file a Complaint in my local District Court after reviewing the FDCPA to determine which violations of law were applicable. I would also most likely throw in violations of the Telephone Consumer Protection Act as Allied International is most likely using an autodialer to make their phone calls.

I would gather my records and evidence and await trial. Trial would either take place in my local court or in Federal court if Allied International moved the case. If the case was moved to Federal court I would find a good consumer attorney who would most likely represent me, at no cost to me since the case is a near certain win and they will get paid by the Defendant.

Of course I might just send the Cease & Desist letter and if ignored, go straight to a consumer attorney especially if Allied International appeared on my credit report. I see a few thousand dollars that would be owed to me because of violations of law. I realize the case is more likely to settle in my favor than go to trial.

The violations of law exist regardless of the Cease & Desist letter.

No consumer should ever speak to a debt collector on the phone. They should only communicate with a debt collector in writing. No consumer should ever admit a debt because the claimed debt is most likely not valid or accurate.

FDCPA

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

TCPA

http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

If you know your rights and exercise those rights to hold debt collectors accountable under the law, you too can cash a check.


mbperrin, your cell number is likely sitting in an automated system and will remain until Allied International has a reason to remove your phone number from their system. A Certified letter is about $5.42 I believe.

I've seen the two-tiered legal system working for too long to buy any promises.