Question:
I don't know what to do. I am in really bad financial shape due to
many reasons. Basically, I'm at the point where I do not even drive
so that I do not have to pay for gas, insurance, registration and
maintenance. I take the bus to and from work and walk whenever I can. I
brown bag for lunch. I use a pre-paid cell phone so that I don't get
surprised by going over minutes. I'm basically doing as many cost
cutting measures as possible for my family and I to survive. I have
seriously considered bankruptcy but, at the same time, I don't want
go forward with a BK. I want to work my way out of my economical
issues.
About three months ago a collection agency started to call me. The
first agent that called me listened to me when I explained my situation
to him. I was truthful in my explanation to him and he stopped calling
me. However, about a month after I last spoke to him another collection
agent from his same company has started calling me and has basically
said that my story is false and he has been unbearable. It has reached
the point where he recently called on a Saturday morning and told my
wife to wake me up from sleep. He calls me at work leaving me so
frustrated I can't think about work. He calls me on my cell phone and
uses up my minutes prompting me to have to hang up on him. He attempts
to put words in saying that I don't want to pay my debt when I tell
him I can't pay the debt and still pay for rent, food and diapers.
Much of my debt is for taxes for which my wages are being garnished. I
have provided him with proof of the wage garnishment. In my last
conversation (more like fight) with him I told him he had finally
pushed me to the point where I was just going to declare bankruptcy and
I gave him the name and number of an attorney that I have been
considering doing it with (once again, I really do not want to declare
BK). He said he welcomed that and kept harassing me by telling me that
he was going to tell the trustee about all of my lies and that he had
all of our conversations in detail. This prompted me to wonder if he
has been recording his conversations with me without my consent.
I now ask, is there a legal way to obligate his company to inform me if
they have recorded my conversations? Is it a practice for collection
agencies to record conversations? Can anyone out there explain this to
me? Please advise.
Answer:
Here is one of many sites which give you the rules for recording phone
calls.
http://www.callcorder.com/phone-recording-law-america.htm
The statutes vary by State. In your account, you say you haven't been
lying so you have nothing to fear from this fellow testifying before the
BK trustee at your 341 hearing (if you file). You really ought also to
visit the FTC Web site and learn your rights as a person who is the
target of a collection agency.
There are strict rules these guys must go by and procedures you can
invoke to force them into line in cases of harassment.
