Making It A Matter Of Public Record(ing)

, , , , , | | Legal | May 23, 2018

(When my husband was 18, he defaulted on a credit card in the amount of $500. Fifteen years later a company starts calling, trying to collect on that defaulted credit card in the amount of $12,000. They call him, me, my mom, my sister, his parents, his siblings, and his grandmother. Repeatedly, at all hours. They start telling him that if he doesn’t pay he will be brought up on federal charges and be a felon. They tell our family that he is a bad person who will go to jail for year. That if we don’t settle with them, they will push for the max penalty and he could go away for 10+ years. At first we think that this is a scam call. It’s scary how much information they have on us. When we look into them they turn out to be an actual debt collection agency. We both start taping the calls; so do my sister and two of my husband’s siblings. We all tell the company to leave us alone and stop calling. My husband and I tell them to either take us to court or leave us alone. After three months of this, we finally take them to court for harassment. This is one of the conversations that we have, to the best of my recollection.)

Their Lawyer: “You can’t use the recordings that your clients made. California requires all parties to be informed that they are being recorded.”

(Our lawyer presses play on one of the recordings:)

Employee From The Company: “This is [Employee] calling from [Company]; is this [My Name]?”

Me: “Yes.”

Employee From The Company: “Just so you know, this call is being recorded for legal purposes…”

(Our lawyer stops the recording:)

Our Lawyer: “Sure sounds like everyone was aware the call was being recorded.”

Their Lawyer: “But they weren’t actually recording the calls.”

Our Lawyer: “Well, maybe they should stop lying to people, and then they wouldn’t be here today.”

(They settled out of court, which was to pay our legal fees, “settle” our account so they couldn’t sell it to anyone else, a small amount of monetary compensation, and to never contact us or anyone in our family again.)

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