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  1. #21
    Join Date
    Dec 2017
    Posts
    15

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    I hate when people join a forum, ask questions and then never report back in. I was thinking about it just now so thought I would report.

    I called the Debt Collectors ( who are local). They were very nice and explained how they searched my DIL and my son on the internet and then made the connections that way. I ask do you normally send a bill to everyone associated with the debtor and they said no, just the ones who might actually be able to pay I asked if I could help with any phone numbers and addresses, work places and their information was actually more up to date than mine, turns out my son was transferred to another position (and city) within the company and it was very current information. I was of no help to them but they agreed to take our address off any association with them and they would no longer contact us. They understand we are going after them as well.

    Another outfit, actually a Fed Loan program, contacted us for updated information. The information they had on file was 1 year 8 months old. I asked if he was that far behind but got no information. She said he could be paying online...to which I said if he was current and paying online would you be contacting us for updated information? Stumped her, she did not know how to respond. She said, oh, I see what your saying. The End to this collector for now I think. The feds are protected.

  2. #22
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    I didn’t read through the entire thread but a question came to mind early on;

    how did you know what the initial contact letter was about? A collection agency cannoy legally disclose the fact the contact is about a debt and especially anything more specific to anybody other than the debtor. That is why they cannot legally utilize a post card; no privacy regarding the information.

    At most all you should have known from the letters recieved was their return address and maybe the name of the collection agency but most don’t even include the name as it risks violating the FDCPA collection law. The fact you knew so much more suggests you actually opened the mail.

    It is illegal to intentionally prevent a letter from being delivered to the addressee.

    What you should have done is write on the envelope; no addressee by this name at this address and tossed it back into the mailbox. Nothing more; nothing less.

    Have you at least forwarded the letters to your daughter in law? Given you intentionally intercepted the letters you are in violation of the law until you do take steps to cause the letters to be delivered to the addressee.

  3. #23
    Join Date
    Dec 2017
    Posts
    15

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    Quote Quoting jk
    View Post
    I didn’t read through the entire thread but a question came to mind early on;

    how did you know what the initial contact letter was about? A collection agency cannoy legally disclose the fact the contact is about a debt and especially anything more specific to anybody other than the debtor. That is why they cannot legally utilize a post card; no privacy regarding the information.

    At most all you should have known from the letters recieved was their return address and maybe the name of the collection agency but most don’t even include the name as it risks violating the FDCPA collection law. The fact you knew so much more suggests you actually opened the mail.

    It is illegal to intentionally prevent a letter from being delivered to the addressee.

    What you should have done is write on the envelope; no addressee by this name at this address and tossed it back into the mailbox. Nothing more; nothing less.

    Have you at least forwarded the letters to your daughter in law? Given you intentionally intercepted the letters you are in violation of the law until you do take steps to cause the letters to be delivered to the addressee.
    I love a good lecture about mail law but let us not be obtuse about the situation, of course I opened and read mail that was delivered to MY mailbox. We are fairly new at this address and we also we receive mail quite often not meant for us (for people who use to live here in some cases several years ago) and I have accidentally opened some of it as well. This particular incident occurred after Christmas and we had a large amount of mail due to holidays (christmas cards, letters, etc) and end of the month and end of year (statements, bills and what not) and the mail in question had MY last name on it so never gave a thought.

    The mail for the people that use to reside here I just bundle up with a rubber band and return.

    In this case I asked the debt collectors if I needed to forward on the mail to my son and DIL or do they have their own copy and they responded that yes, they had received the same bill.

    Now the one interesting point is how many of these statements did they send out to people other than the actual debtor? For the reason why I originally posed the question, it's probably not legal to shotgun every family member, or a neighbor or whatever with collection letters when the collection company knows EXACTLY where the debtor does reside.

    The debt collectors knew literally EVERYTHING about my son and DIL so is it even legal to send statements all over everywhere? Of course they are planning on people opening mail that comes into their box and then they are also hoping I can just cut a check and be done with it or I will apply pressure (shame) them into paying

  4. #24
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    Quote Quoting nejeff
    View Post
    I love a good lecture about mail law but let us not be obtuse about the situation, of course I opened and read mail that was delivered to MY mailbox
    that doesn’t make it YOUR mail. You have committed a crime. It’s not often prosecuted but given your relationship with the kids, well who knows what buttons they may push.

    . We are fairly new at this address and we also we receive mail quite often not meant for us (for people who use to live here in some cases several years ago) and I have accidentally opened some of it as well. This particular incident occurred after Christmas and we had a large amount of mail due to holidays (christmas cards, letters, etc) and end of the month and end of year (statements, bills and what not) and the mail in question had MY last name on it so never gave a thought.
    it isn’t actually opening the mail that is the problem. It is intercepting it and preventing it from reaching the intended addressee.

    The mail for the people that use to reside here I just bundle up with a rubber band and return.
    as you should and should have done with the letters in question.

    In this case I asked the debt collectors if I needed to forward on the mail to my son and DIL or do they have their own copy and they responded that yes, they had received the same bill.
    the law doesn’t reslly care what the collection agency said

    but if you want to help the kids out the collection agency screwed up and the kids can make a pretty easy $1000 for the FDCPA violations committed by the collection agency.

    Now the one interesting point is how many of these statements did they send out to people other than the actual debtor? For the reason why I originally posed the question, it's probably not legal to shotgun every family member, or a neighbor or whatever with collection letters when the collection company knows EXACTLY where the debtor does reside.
    if they sent it in tbe name of the debtor, sure it is.

    The debt collectors knew literally EVERYTHING about my son and DIL so is it even legal to send statements all over everywhere?
    yep

    Of course they are planning on people opening mail that comes into their box and then they are also hoping I can just cut a check and be done with it or I will apply pressure (shame) them into paying
    they are? I know if I send something to a particular addressee regardless of the address I would expect the people at that address to not open other people’s mail and simply mark it addressee unknown and toss it back in to the mail.

    Given people move quite a bit and a search of a person’s name turns up a lot of addresses typically, sending to any address they are associated with hoping they will actually receive it at one of them is not uncommon. Especially if the kids had not responded at what is their true address, there is the possibility, as far as the collection agency is concerned, that they have moved.

  5. #25
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    As it seems to have become a distraction, realistically speaking there is a 0% chance of the "opening the mail" issue turning into a criminal prosecution. It's a non-issue.

  6. #26
    Join Date
    Dec 2017
    Posts
    15

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    Quote Quoting Mr. Knowitall
    View Post
    As it seems to have become a distraction, realistically speaking there is a 0% chance of the "opening the mail" issue turning into a criminal prosecution. It's a non-issue.
    JK your making me laugh. You have it correct Mr. Knowitall, not a court in the land would turn accidentally opening mail that comes to YOUR OWN mailbox into a crime. JK you are trolling.

    Now if I go across the street and take mail from Mr. Johnson's mail box and open it, then that IS a crime, probably get off with a small fine at most, misdemeanor.

    Also, should state for the record as it might not have been clear. Neither my son or his wife have ever lived at this address, period. We did NOT add his name to forward able mail either when we did "change of address" with USPS. All the more a defensible position for accidentally opening the mail and it is 100% provable too. Also, not really important but they have never even been here, not one time.

    Back to the very first original post, this was my confusion on how this new address got criss-crossed with someone that never lived with us in anyway or anywhere previous and has no association with this address.

  7. #27
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    Given that this particular OP is hell-bent on clinging to his belief that he has all the answers (except how his address came to be associated with his son, and the fact that he does not know that appears to be a considerable threat to his mental well-being) I can't imagine why he ever posted to begin with. After all HE knows it all so much better than we do.

  8. #28
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Got a Letter from a Debt Collector Today Addressed to Someone That Does Not Live

    Quote Quoting Mr. Knowitall
    View Post
    As it seems to have become a distraction, realistically speaking there is a 0% chance of the "opening the mail" issue turning into a criminal prosecution. It's a non-issue.
    And? I didn’t say opening the mail was a crime.

    Quote Quoting nejeff
    View Post
    JK your making me laugh. You have it correct Mr. Knowitall, not a court in the land would turn accidentally opening mail that comes to YOUR OWN mailbox into a crime. JK you are trolling.
    well, since I didn’t say you would be prosecuted for opening the mail I guess the statement is irrelevent.

    Now if I go across the street and take mail from Mr. Johnson's mail box and open it, then that IS a crime, probably get off with a small fine at most, misdemeanor.
    well, the possible penalty for what you did with your dil’s makl is up to 5 years in the federal pen. What penalty is assigned would be up to the judge.

    And I said it is unlikely it would be prosecuted.

    Back to the very first original post, this was my confusion on how this new address got criss-crossed with someone that never lived with us in anyway or anywhere previous and has no association with this address.
    It doesn’t matter. The collection agency can do a mass mailing if they want to but the reality is it is likely your address was associated through your name and your connection with your child. As I said, especially if the collection agency is getting no reply at the address they believed to be your son’s, it’s not uncommon to send dunning notices to other addresses where the debtor might be reached. You have a lot better chance of hitting a target that you can’t see with a shotgun rather than a rifle.

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