Subject: Phone calls to relatives
Question: My mother has credit card debt that is in collections. The collections agent assigned to her file has been calling my cell phone and my sister's. Is this legal? I have asked her not to call in the past and started receiving calls again. Do I have any recourse?
Answer: You or your mother needs to visit my message board at http://consumers.creditwrench.com and check out the RESOURCES SECTION and look for a message that was posted by me telling about CEASE & DESIST LETTERS and copy the letter there that is not work related and paste it into your word processor and then have your mother sign it and send it to them certified mail return receipt requested. You also need to send the letter to stop them from calling your cell phone. Since you are not the person who owes the debt you and your sister should use a full cease & desist letter telling them they cannot contact you by any means whatever. Not by mail and not by phone. That means that the letter the two of you send will be different from the one your mother sends because the one your mother sends should only say they cannot contact her by any electronic means but rather only by U.S. Mail. If she sends a full cease & desist letter they will usually sue her immediately because she has left them no other means to contact her. She does not want to invite a lawsuit so hers must be a limited cease and desist while you and your sister can use a full cease & desist with no problem because you don't owe the debt.
Advice to send full cease & desist is very bad advice for those who actually do owe the debt because of the fact that it invites, no actually demands that they sue you. Sadly, that is exactly what Bud Hibbs and many other so called experts advise people to do. They often teach that one does not have to deal with debt collectors and all people have to do is send them a cease & desist to run them off. Very bad advice indeed. Another nutty expert who also gives his supposed advice on All experts.com is an ex-felon named Robert Paisola. Paisola does not actually give any real or helpful advice but only attempts to lure the unsuspecting to his multitude of web sites and blogs where he can charge an outrageous price for telling you nothing at all except he will call them up and run them off for you with threats of lawsuits. He should be an expert at filing lawsuits but his only knowledge about lawsuits has been gained by having been sued 5 times in federal courts for stealing copyrighted material from other people's web sites. Of course, that don't mention his felony convictions for child pornography in the state of Utah, violating his paroles and a stretch in the federal pen for providing false and misleading information to lenders on credit applications. I call him the Thief-in-Chief of Western Capital Financial and mycollector.com where he calls me his nemesis which is about the only true statement he has ever made. Here is the record of the 5 federal cases that have been filed against him. http://shmyl.com/rvqoson and here is the complaint in the latest case filed against him in federal court. http://shmyl.com/evqoson to which he will probably not even bother to answer and let them get a judgment just as he has done with the other 4 cases which all ended in the plaintiff's getting judgment against him. You should be very careful of getting advice from any of these so called experts whether here on allexperts.com or anywhere else. Their advice will usually lead you to evil outcomes and often at very high prices.