[mal1974]

State of Washington.

My ex-boyfriend, who I lived with for several years and stopped living with 4 years ago, apparantly took out an auto loan and never made payments.

I have been contacted by various collections agencies looking for him, threatening that he would be charged with grand theft auto.

I have a common child with my ex boyfriend, and he is several thousand dollars in arrears in child support. He also has several criminal no-contact orders restraining him from contacting me in any way. I don't know where he lives and have no way to contact him. It is illegal, in turn, for him to contact me.

I have excellent credit and I have never been involved with ex-boyfriend's personal finances in any way. Never co-signed on a loan, never had a joint account, nothing. We have not lived together in over four years, although I suspect that my ex-boyfriend listed himself as living at my address as recently as a year or two ago to avoid using his real address for whatever shady reason.

I have since moved, and he should not have access to my address. It is unlisted, and it has been redacted from any court documents related to restraining orders involving him.

I (stupidly) explained this to a debt collector after being called on my cell phone and harassed by him almost daily for a couple weeks. He promised to stop contacting me, but that evening showed up at my door with a tow truck, in a furnace repairman jacket, claiming he got my address from a criminal no contact order (this is simply not possible. my address is no where on any public documents.) After coming to my house, I didn't hear from him or any collectors for a couple months.

I don't know how these people got my name, my cell phone, or my address. I had nothing to do with this loan.

After being left alone for a while, I was just told by a neighbor that a couple weeks ago a woman came into my neighborhood with a county sheriff, and they were asking my neighbors if I drove a ______ (matching make/model of vehicle to the ex boyfriend). They asked several other questions regarding what kind of vehicle I drive, and if a _____(matching make/model vehicle) is ever around the neighborhood, and then instructed my neighbor not to tell me that they were there.

Good thing I am close with my neighbors! Matching the time that my neighbor got a visit from the collection lady and sheriff, I got a voice mail from a woman named "Connie" who said that she worked for "Car Service Corporation" and got my name and contact information from the police department as being an associate of my ex-boyfriend. She said she had been to my house but I was away, and that was is urgent that she speak to me in an investigation regarding ex-boyfriend's car.

I never called her back, and don't plan on calling her. I googled "Car Service Corporation" and got nothing.

I am concerned because my neighbors reported a sheriff as being involved in this matter. I am outraged that a woman brought a police officer (or, perhaps, someone impersonating a police officer?) into my neighborhood and questioned my neighbors about me. I consider that a gross violation and defamation of character.

Is this harassment? Is it possible that the sheriff is involved? Should I be taking any sort of action other than refusing to speak to them?

[LawResearcherMissy]

Is this harassment?

Yes. The debt isn't yours.

Is it possible that the sheriff is involved?

It's doubtful, unless they are trying to serve you with papers. Thing is, legitimate service doesn't involve talking to your neighbors and telling them not to tell.

If you're not home, most times the process server will leave a note.

Considering they've already shown up disguised as a furnace repair company? Probably not really the sheriff.

Should I be taking any sort of action other than refusing to speak to them?

Get the names of the people who are calling you and demand their full business address.

Tell them that the debt is not yours, you are not responsible for the debt, and to never contact you by any means ever again. Note that they are in violation of the Fair Debt Collection Practices Act, and that if they contact you again, you will sue.

Then send a letter telling them the exact same thing. Send it Certified, Return Receipt Requested. Keep a copy of the letter, and when the little green card comes back with the receiver's signature, staple it to the copy of your letter and keep it all in a safe place.

Then, if they contact you again, get a lawyer and sue them back to the Stone Age.

[jk]

while I would love to hear lawredearchmissy's advice be correct concerning the FDCPA, she must realize that if the debtor has provided OP;s address as his (it;s not impossible to get your new address regardless how hard you try), the collector is simply doing as a collector does.

as to the sheriff; if this was a real sheriff, they may have been with if the creditor was attempting to repo the car (if they believed it was actually in the area) or they may have been an off duty sheriff that works as a process server. Too many possibilities to guess well.

rfom the FDCPA:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

Now, there is this from the FDCPA:

§ 807. False or misleading representations [15 USC 1962e]

<B>A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

</B>

Now to suing them into the stone ages:

<B>

§ 813. Civil liability [15 USC 1692k]

<B>(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

</B>

<B>(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

</B>
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

<B>(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

</B>

(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.

(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

So, if a person appearin as a sheriff is involved, it had better be a real sheriff. Call the local sheriff's office to investigate. If it wasn;t a sheriff, then call your sheriff's office to file a complaint of a person impersonating a sheriff. That is a criminal mattter.

If the debtor has given this address and the creditor reasonable believes it to be correct, they have some leeway as to what they can do as long as they believe the info to be correct. I suspect the OP is not being believed due to the actions posted.

I would either speak to an attorney about this and any possible redress you may have or contact the police about the harassing actions (although I suspect they will simply tell you it is a civil matter and not do anything for you).

Do do as missy stated and demand name and business of the caller although you need to understand that a creditor is limited in their disclosure of info to anybody other than the actual creditor. This may inhibit their ability to tell you very much.</B>

[mal1974]

Thanks much.

I do believe it was an actual sheriff. Checked with my neighbor, and he had the car and everything. An attorney friend told me that a sheriff may be involved in a civil matter if it involves returning property; so they were here hoping to repossess his vehicle.

I think what I'm going to know, knowing now they are only allowed ONE contact, is to do nothing unless they contact me again, and at that point, I'll go legal on their asses.

thank you!

[jk]

You misunderstood the section concerning the "one contact".

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

as long as they reasonably believe you have undisclosed information, they can continue to contact you. That is why I believe they have done what they have. It appears to me they believe the guy does live at your address and I presume they believe you are simply covering for him.

I hate to say this but i believe this is one of those times where being adversarial will be counterproductive for you.

I would suggest you ask them why they are contacting you. At that point, I would tell them the guy does not and never has lived at your currect address and you have no information concerning his whereabouts. Tell them you do not want to be contacted again, ever.

THEN if they contact you again, I would send a cease and desist letter with the FDCPA enclosed with the involved sections highlighted with the warning that any further contact by them will be considered, by you, to be harassing and you will take legal action should it happen.

I know it seems like you are putting up with a lot of crap, which you are, but this gives them the opportunity to explain to you why they are doing it (you may find they have greater reason than you believe which you would have the opportunity to correct) and give them notice you are tired of the situation and will not put up withit.

The letter simply becomes a provable fact that you did tell them to cease their actions concerning you.