Creditors Interchange/ Kevin Higgins He is Calling my Family and Threatening Everyone Buffalo New York

Robert's got it right. They CAN make threats IF the content of such threats are allowed for under the law AND if they actually intend on carrying out those threats.

And Steve is also right . . . STAY AWAY from debt consoloidation companies! (read that over and over and over again if you need to).

Statistics show that over 95% of people who engage the services of a debt consolidation agency are better off filing bankruptcy. Debt consolidation agencies do NOTHING to hold your creditors at bay, and they have NO power over what a debt collector can and cannot do.

The only outfits with such powers are the bankruptcy courts. So would you rather pay off your debts over a period of several years and STILL face the liabilities and credit damage of being a slow payer, or would you prefer to pay your debts off over a period of a few years and NOT face the liabilities of being a slow payer, or, even better, how about getting rid of those debts and the associated collection activities altogether?

Which sounds best to you? If options "2" or "3" sound best, then you need to find yourself a bankruptcy lawyer, not a debt consolidation agency.

It is FALSE statements or FALSE statements of intent that are illegal. If they tell you they will sue you and they actually intend to sue you - that's ok. Same for enforcement orders of judgements. If they tell you they will seek a garnishment and they have every intent of seeking the garnishment, that's ok. Folks need to read and comprehend all of Section 807.

Here's the reference from the FDCPA, Section 807 (4):

"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person UNLESS SUCH ACTION IS LAWFUL AND THE DEBT COLLECTOR OR CREDITOR INTENDS TO TAKE SUCH ACTION."

(capitalization by me for emphasis)

The FDCPA can be read at http://ftc.gov/os/statutes/fdcpa/fdcpact.htm

Hope this helps.

Don,

Creditors Interchange are 3rd party collectors, and fully bound by the FDCPA. They specialize in the collection of purchased debt and represent junk debt buyers. I have dealt with them. They are real lowlife.

And, a 1st party collector still cannot make threats of garnishment, seizure, etc. Totally illegal.

Like Steve, I would like to know how old the account is. I would interpret that it is a first party collector. Only becuase the issue of a late payment would not matter as much to a 3rd party collector.

If they are a first party collector, there are much fewer laws regarding to what a first party collector can say.

Teri,

Do as previously suggested. File complaints against these lowlife. Get signed/notorized statements from your relatives to document the threats.

NO collector can make threats of garnishment, liens, etc. That is flat out illegal.

FYI.. NOBODY can garnish your wages or bank accounts without first suing you and getting a judgement. The same goes for liens on your home.

NEVER speak to ANY debt collector on the phone! NEVER!!!

Also, those "debt management" companies are USUALLY a VERY BAD idea. You know that as soon as you sign up with them you cannot get ANY credit for at least 3 years, right? They flag your credit bureaus.

And, you never said how old that debt was since default. It may be past SOL and uncollectable. What was the date of default? Have you made any payments or agreements to pay since default?

When they make threats. They are stepping over the line. I suggest recording the conversations. Do not let them know they are being taped. Once they identify themselves and make threats. File a complaint with your attorney general with the tape. You got them. I believe they will erase the debt out of fear of getting in trouble. You can also get affidavits from your relatives as to what was said. Taping is better.

File a complaint with FTC.GOV.