Story Published:
Aug 22, 2007 at 4:18 PM PST
Story Updated:
Oct 11, 2007 at 7:34 PM PST
PORTLAND, Ore. – A collection agency says Jennifer Silva – or more likely someone with the same name – owes $286, an old debt the collection agency bought from Sprint.
By pulling up her credit report, Silva said she can prove the debt is not hers. But after eight months and countless letters, the debt is still hanging over her head.
"Every time they call, I can feel my blood rise," she said. "It’s just really frustrating."
Silva is far from alone. Complaints about debt collection rank No. 4 on the Oregon attorney general's top 10 list of complaints.
Last year there were 483 such complaints. So far this year there are 450.
Under federal and state laws, here is what debt collectors cannot do:
- Call between 9 p.m. - 8 a.m.
- Call or write more than 3 times a week
- Use obscene or profane language
- Use false or misleading statements
- Threaten or use violence
- Threaten arrest, seizure of property or garnishment of wages
So if you really do not owe anything, here is what you should do:
- First dispute the debt in writing within 30 days. If you don’t, the collector can assume the debt is yours.
- Demand verification of the debt, including the amount, the original creditor and a copy of the bill.
- Demand in writing that all communication stop. Under the law, it must stop except to notify you of potential legal action or to tell you they’re no longer trying to collect the debt.
- If the debt collector continues to violate the law, contact the state attorney general’s office.
Even though Oregon does have an unlawful debt collections act, that law doesn’t give the attorney general the full authority to go after the bad guy. So earlier this year, Attorney General Hardy Myers asked legislators to change that - but the bill never even made it onto the Senate floor.
He said a lobbying effort by debt collectors influenced legislators not to pass the measure.
That has left Silva with few options.
She thought about just paying the money to make the headache go away but decided instead to just keep fighting.
One helpful Web site can be found here: Consumer Help/Sample Letters
It has sample letters to debt collectors that you can just cut, paste and send to get those businesses off your back.
Here are some more helpful links:
Federal Trade Commission
Oregon Attorney General's Office
Washington Attorney General's Office
So you should report aggressive debt collection to the attorney general. But at this point, they cannot do much more than write letters.