Recording Conversations With a Collections Attorney

Newt · #1 02-16-2007, 09:12 AM

I am hoping someone may be able to answer some questions that I have or give some suggestions. I live in the state of Georgia. I was served a summons on Dec. 11th for Superior Court within my county by a Collection Company/Attorney for an old credit card debt. Since I had never heard from this collection agency regarding this debt which was according to my credit report charged off / written off loss in spring 2005 I filed a response requesting verification of the collection company purchasing this debt as well as the amount of the debt. The attorneys office has continued to telephone me and being harrasing in my opinion one message which they accidentally left on my childs voice instead of mine and stated "You can run but you can't hide, rest assured we will collect this debt from you" this man yells at me on the phone, doesn't let me get one word , has refused to give me the complete mailing address to send them a letter regarding them not corresponding with me via the telephone anymore. He has told me that as soon as I am employed they will go after my wages, and any property that I own. I called the courthouse today 02/26/2007 to see where the case stood as I had not heard anything since filing my response, the lady stated that the last thing filed was my response, they had not heard from the attorneys office. I questioned her how long they had to respond and what happens next she said that I needed to find that out from an attorney as she did not know. Can anyone tell me if there is a set amount of time for them to respond before it is dropped, or is there? I plan on purchasing a tape recorder to tape any calls in the future, as I am sure it can't be legal for him to talk to me the way he does.

elorei · #2 02-16-2007, 10:58 AM

Quoting Newt

"You can run but you can't hide, rest assured we will collect this debt from you" .... He has told me that as soon as I am employed they will go after my wages, and any property that I own. .... I plan on purchasing a tape recorder to tape any calls in the future, as I am sure it can't be legal for him to talk to me the way he does.

He may be an ass, but this doesn't sound like he oerstepped his boundaries. As for taping, make sure he knows you are taping him on the phone, to protect yourself. You need to tell him you are about to record, get his permission, and then repeat the question once you start the taping, so it is on the tape. If he says no to being taped, you cannot tape him legally.

calebb · #3 02-16-2007, 12:12 PM

Quoting elorei

He may be an ass, but this doesn't sound like he oerstepped his boundaries. As for taping, make sure he knows you are taping him on the phone, to protect yourself. You need to tell him you are about to record, get his permission, and then repeat the question once you start the taping, so it is on the tape. If he says no to being taped, you cannot tape him legally.

Not true...

From: http://www.rcfp.org/taping/

Quote:

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping.

For example, the specific law in Washington State is RCW 9.73.030

elorei · #4 02-16-2007, 12:38 PM

Unless he knows the state from which the collection calls are coming, he must assume that the caller is in an "all-party" state, for his own well being.

Just because you are allowed in your state to record a conversation without consent of the other party, does not give you the ability to do it to someone else in a "all-party" state.

For example, read up on journalists and their taping of interviews, and how the law affects it. If i am in Georgia, but I am on the phone with someone from Florida, i need their consent, even though my state does not require it.

Newt · #5 02-16-2007, 12:43 PM

Unless he knows the state from which the collection calls are coming, he must assume that the caller is in an "all-party" state, for his own well being.
<she>

They claim to be calling from the attorneys office which is located in Atlanta,Georgia. So they would be in the same state as myself.

elorei · #6 02-16-2007, 12:48 PM

Quoting Newt

<she>

They claim to be calling from the attorneys office which is located in Atlanta,Georgia. So they would be in the same state as myself.

Record away, then!

And read up on the FDCPA, since they are a third party collection agent, they must follow it in every way. Specifically 804 and 805.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Mr. Knowitall · #7 02-16-2007, 01:40 PM

It's unlikely that they are under any obligation to "answer your answer". They filed a complaint, you filed and answer, and the court should schedule an initial hearing on your case.

Newt · #8 02-16-2007, 01:47 PM

That was what I was wondering. How long does that take? How long do they have to respond before a case is scheduled? It has been since January 7th when I filed my response, and the debt collectors haven't responded to the courthouse yet. Do they have a certain amount of time to do this or does it just remain in limbo until they do?

seniorjudge · #9 02-16-2007, 02:18 PM

Quoting Newt

That was what I was wondering. How long does that take? How long do they have to respond before a case is scheduled? It has been since January 7th when I filed my response, and the debt collectors haven't responded to the courthouse yet. Do they have a certain amount of time to do this or does it just remain in limbo until they do?

Make a motion with the court (and send a copy to the collections agency) that the trial be set at the earliest possible time.

Then say you want that motion heard on day given to you by the clerk.

Then show up and argue your motion that the thing be set for trial.