How to get rid of someone else's debt collector?
"Sue the debt collectors in small claims court.   There are several example stories around the internet, but this is a well written one from the consumerist. If your phone is a cell phone: ""it  is against the law for a company to  leave a pre-recorded message on your  cell phone."" In fact, the call frequency increased   once they realized they had reached a   live person. I called each of these   companies multiple times, and though I   was given assurances each time that my   number would be taken off of their   lists, the calls continued, morning,   noon and night. At my wits end, I   decided the only way to have the   harassing calls stop was to file suits   against the collection companies. It's   very important to understand that it   is against the law for a company to   leave a pre-recorded message on your   cell phone. Armed with this knowledge,   I filed suit against several of the   collection companies. I filed in small   claims court so I did not need to hire   an attorney, and the process was as   simple as completing a paragraph on a   complaint form. For evidence, I had   over a hundred Google Voicemail   transcripts showing the times the   companies called and the text of the   pre-recorded messages. Mysteriously, the calls all stopped   immediately on the same date the   collection companies received the   certified letters stating they were   being sued. Then a new flurry of calls   began pouring in. This time it was   their attorneys. The attorneys representing these out   of state collection companies were all   desperate to settle out of court. hey   did not want to incur the expense of   traveling for court or hiring a local   law firm who wasn't on retainer. They   also understood they had no   justifiable defense for the calls. To   make a long story short, so far I have   successfully sued 3 of these   collection companies and settled for   more than $5,000 out of court. All it   cost me was $35 and 20 minutes per   suit. Making these companies pay is the only   incentive for them to stop their   illegal and harassing practices. If   more consumers knew their rights and   actually took a few minutes to stand   up for them, it would become less   profitable for these companies to   conduct business the way they do now. -Source And whether you have a cell phone or land line,  It is illegal for the debt collectors to tell you they are calling to collect a debt for someone else under the Fair Debt Collection Practices Act (wikipedia, ftc docs). What Remedies Are Available If The   Debt Collector Violates The Law Under   the Fair Debt Collection Practices   Act, you have the right to sue a debt   collector in state or federal court   within one year from the date of the   violation. If you win, you may recover   damages in the amount of any losses   you suffered as a result of the   violation, plus an additional amount   of up to $1,000.00. You may also be   able to recover court costs and   attorney fees. If the same debt collector has engaged   in unlawful conduct with a number of   consumers, it may be possible to find   a lawyer who will file a class action   lawsuit. -Source With regard to whether you can sue under FDCPA if you are not the debtor, one FDCPA lawyer (take with grain of salt) says yes: Did you know that it doesn't matter if   you owe the account the debt collector   is calling you about or not? If a debt   collector violates the FDCPA (the   federal Fair Debt Collection Practices   Act, 15 USC 1692 et. seq.) that debt   collector could be liable to pay you   statutory damages, actual damages,   attorney's fees, and court costs. -Source" "As a former debt collector myself, I can tell you that we did occasionally get someone claiming that they weren't who they really were. However, it was pretty obvious who was telling the truth after a while. Above all else, just be calm and polite. Technically, you can also say ""do not call this number again"" and they have to stop calling, but I wouldn't do this right off the bat. Its best if they are convinced that you aren't the guy they're looking for. Calmness and politeness are traits that debtors usually lack, sometimes because they are just normal people overwhelmed with their situation, and sometimes because they are irrational loser (sorry, but its true). Either way, if you are consistently calm and unconcerned about their threats, they will either give up or realize you aren't the guy. Eventually they will stop calling you (or at least I know I would have stopped calling you)." Suing is a legitimate option as well as screening your calls but here's another idea which has personally worked and relates to the collections I did for awhile.  Talk with the collector.  Outstanding debt gets sold many times and each time a new collector gets their hands on an account they do their due diligence which means calling every single number multiple times.  Collectors a looking for consumers who actively evade collections calls for years. My recommendation is to use logic and explain the situation.  Give your first name and describe when you received the phone number and then ask a simple question.  When in the last 3 1/2 years have you or any collector had a successful hit from this number.  They'll respond never in 3 1/2 years.  The collector notes the account for themselves and future collectors.  Debt collectors are about about making money, not wasting time and they do review all notes pertaining to an account.  Will it work?  Maybe not but hopefully it will stop the calls with a short conversation.  Good luck. I have been in a similar position for quite a while now and the only thing that seems to help is screening phone calls. I have a long list of collector numbers set to not ring on my phone. They can still leave a voice mail but they never do.  As far as I know there aren't any laws that protect you from nuisance phone calls. FDCPA letters only apply to the debtor and the collector it is sent to it doesn't protect an unrelated third party from getting annoying phone calls. I have a feeling that sending FDCPA letters is just confirming that you probably are the debtor and prolong the collection calls. Step 1)I answer the phone saying it is illegal to call my cell phone and I want all further communications in writing. Put this number on the do not call list and reverse search the number they dialed. Step 2) I say that whoever changed their number and how long I have owned the number and I call forward when they don't stop. I forward calls through google voice and mark them as spam. They get a sorry number was disconnected recording. Step 3) REALLY HARSH. I say the person passed away only if they aren't deterred enough by the previous efforts or they get cross into extreme harassment. Usually Step 1 is enough to stop the calls no matter who they ask for.
What can you do?  Pay the loan or face the debt collectors. The finance company don't care who now keeps the car, or who drives it.  There's money outstanding on the loan, and your signature on the loan form. That's why co-signing a loan for someone else so often ends in tears. A couple of thoughts from someone who's kind of been there... Is the business viable at all? A lot of people do miss the jumping-off point where the should stop throwing good money after bad and just pull the plug on the business. If the business is not that viable, then selling it might not be an option. If the business is still viable (and I'd get advice from a good accountant on this) then I'd be tempted to try and pull through to until I'd get a good offer for the business. Don't just try to sell it for any price because times are bad if it's self-sustaining and hopefully makes a little profit. I does sound like their business is on the up again and if that's a trend and not a fluke, IMHO pouring more energy into (not money) would be the way to go. Don't make the mistake of buying high and selling low, so to speak. I'm also a little confused re their house - do they own it or do they still owe money on it? If they owe money on it, how are they making their payments? If they close the business, do they have enough income to make the payments still? Before they find another job, even if it's just a part-time job? As to paying off their debts or at least helping with paying them off, I'd only do that if I was in a financial position to gift them the money; anything else is going to wreak havoc with the family dynamics (including co-signing debt for them) and everybody will wish they didn't go there. Ask me how I know. Re debt consolidation, I don't think it's going to do much for them, apart from costing them more money for something they could do themselves. Bankruptcy - well, are they bankrupt or are they looking for the get-out-of-debt-free card? Sorry to be so blunt, but if they're so deep in the hole that they truly have no chance whatsoever to pay off their debt ever, then they're bankrupt. From what you're saying they're able to make the minimum payments they're not really what I'd consider bankrupt... Are your parents on a budget? As duffbeer703 said, depending on how much money the business is making they should be able to pay off the debt within a reasonable amount of time (which again doesn't make them bankrupt). I work for myself, thus there is no HR department which will agree to hand over my money to a debt collector. And if you work for yourself you don't have a tax return because you don't give the IRS any more than they are allowed to take. Even if you work for someone else it is easy to adjust your withholdings so that you don't have a tax return to intercept. "Spain is THEFT and murder. Greece is MURDER and theft. Italy is murder and theft. So is Germany and Japan and the US and Africa and everyone else except me. That's how come I know I'm special.  How can you evil fuckheads defeat me?  Why should a responsible nation be forced to subsidize an irresponsible nation? Because, FUCK YOU, that's why. Apparently.  Let's get rid of the ""leaders"" and get down to the business of deciding who is the WINNER! Wouldn't you rather be DEAD than the LOSER? EZPZ! You CAN be dead if you're the loser!  Let's all square off. The Whites, the niggers, the Jews, The asians, et al...and fight it out for ULTIMATE CORRECTNESS!!" "Do so.  It's a bit insulting that you need to pay the very entity that fucked you to **start** protecting you, but that's a reality of life.   And to add insult to injury, the very info stolen is the *same* info needed to reset your freeze PIN... *But*, at least they'll send you physical mail letting you know ""you"" changed your PIN.  Do it.  If not for the fact that these worthless bastards are allowed to charge us in the *first* place, a credit freeze should be the **default** situation.  It won't hurt your credit, and *might* prevent someone from opening an account in your name without you knowing about it.  / And if I didn't make it obvious, invest in ""torches and pitchforks""." You're not missing anything. Consumer protection in the US is very basic and limited, if at all. So if someone claims you owe them something, it would be really hard for you to prove otherwise unless you actually drag them to court. Especially if there actually was a relationship, and there probably is some paperwork to substantiate the claim. I suggest talking to a consumer issues attorney. "As others have noted, US law says that if you have over half the bill, it's worth the full value, under half is worth nothing. I presume if it is very close to half, if even careful measurements show that you have 50.5%, you'll have difficulty cashing it in, precisely because the government and the banking system aren't going to allow themselves to be easily fooled by someone cutting bills in half and then trying to redeem both halves. I've seen several comments on here about how you'd explain to the bank how so many bills were cut in half. What if you just told them the truth? Not the part about killing someone, of course, but tell them that you made a deal, neither of you wanted to bother with complex contracts and having to go to court if the other side didn't pay up, so your buddy cut all the bills in half, etc. As you now have both halves and they clearly have the same serial number, this no real evidence of fraud. Okay, this is technically illegal -- 18 US Code Section 333, ""Whoever mutilates, CUTS, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned not more than six months, or both."" But you didn't do it, the other guy did. I presume the point of this law is to say that you can't get a hold of currency belonging to someone else and mutilate it so as to make it worthless. As he's now given you both halves, I doubt anyone would bother to track him down and prosecute him. Just BTW, while checking up on the details of the law, I stumbled across 18 USC 336, which says that it's illegal to write a check for less than $1, with penalties of 6 months in prison. I just got a check from AT&T for 15 cents for one of those class action suits where the lawyers get $100 million and the victims get 15 cents each. Apparently that was illegal." @littleadv has said most of what I'd say if they had not gotten here first. I'd add this much, it's important to understand what debt collectors can and cannot do, because a lot of them will use intimidation and any other technique you can think of to get away with as much as you will let them. I'd start with this PDF file from the FTC and then start googling for info on your state's regulations. Also it would be a very very good idea to review the documents you signed (or get a copy) when you took out the loan to see what sort of additional penalties etc you may have already agreed to in the event you default.  The fee's the collector is adding in could be of their own creation (making them highly negotiable), or it might be something you already agreed to in advance(leaving you little recourse but to pay them). Do keep in mind that in many cases debt collectors are ausually llowed at the very least to charge you simple interest of around 10%.  On a debt of your size, paid off over several years, that might amount to more than the $4K they are adding.  OTOH you can pretty much expect them to try both, tacking on 'fees' and then trying to add interest if the fees are not paid.   Another source of assistance may be the Department of Education Ombudsman: If you need help with a defaulted student loan, contact the Department of Education's Ombudsman at 877-557-2575 or visit its website at www.fsahelp.ed.gov. But first you must take steps to resolve your loan problem on your own (there is a checklist of required steps on the website), or the Ombudsman will not assist you.