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Owners Lose Possessions After Home Near Twentynine Palms Is Mistakenly Foreclosed
CBS-LA.com ^ | 5 Sep 2012 | Stef Riter

Posted on 09/07/2012 7:25:00 AM PDT by Yashcheritsiy

The owners of a modest home near Twentynine Palms lost their cherished possessions after a bank mistakenly foreclosed their residence.

A crew broke into Alvin and Pat Tjosaas’ desert home and took everything after being directed by Wells Fargo to secure the structure.

The couple, however, didn’t have a mortgage on the home.

Alvin said the deputy sheriff said, “Good news, we know who took (your possessions)…Wells Fargo. Bad news, your stuff is all gone.”

All the married couple has now are three generations of memories.

Alvin, a retired mason, built the home with his father when he was a teenager.

“I know every inch, every rock…my mom mixed all the cement by hand,” he said.

(Excerpt) Read more at losangeles.cbslocal.com ...


TOPICS: Business/Economy; Culture/Society; News/Current Events; US: California
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Probably just a buncha deadbeats trying to get a house without paying a mortgage!!!

/certain FReepers

1 posted on 09/07/2012 7:25:06 AM PDT by Yashcheritsiy
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To: Yashcheritsiy
Well, they weren't making payments ... what did they expect?

</sarcasm>

2 posted on 09/07/2012 7:27:32 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Yashcheritsiy

Something tells me Wells Fargo is going to be paying them a very healthy settlement pretty soon...


3 posted on 09/07/2012 7:28:40 AM PDT by apillar
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To: Yashcheritsiy

Their vacation home wasn’t foreclosed. Contractors for the bank were given the right name and wrong address to ‘secure’ private property after a foreclosure was done on a nearby home.

The contractors trashed the family vacation spot, seizing that which might have some value, while destroying most of what was left. They didn’t think anything about the wrong name being next to the door. The property was taken, stored, and then disposed of over a few months period, before the home owners found out this happened.

The home owner is meeting with Wells Fargo and his lawyer today, and I’m still waiting for publication of this contractor, and exactly who gave the wrong address.


4 posted on 09/07/2012 7:29:44 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Yashcheritsiy

Wells has had a good crotch kicking due for several years.
Hope they get it good and hard.


5 posted on 09/07/2012 7:31:48 AM PDT by Eric in the Ozarks (I didn't post this. Someone else did.)
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To: apillar

This is a case for damages where my law school professor advised:

“Think of the biggest number you can. Then put two zeroes on the end of it.”


6 posted on 09/07/2012 7:31:48 AM PDT by henkster (We're the slaves of the phony leaders...)
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To: Yashcheritsiy

After my house was paid off I kept getting new demands for continued payments from new banks as the debt kept being sold.


7 posted on 09/07/2012 7:33:49 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Yashcheritsiy

This sounds like some of that “fundamental transformation” that Barry was telling us about.


8 posted on 09/07/2012 7:34:14 AM PDT by FlingWingFlyer (On 5 September 2012 A.D., the communist Democrats tried to kill God and failed.)
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To: Yashcheritsiy

What happened to the household goods, I didn’t see that in the story, can they not be returned? repairs made? Interior refurbished? plus a few 100k? whoever made the mistake shot anf fired?


9 posted on 09/07/2012 7:36:17 AM PDT by duffee (Romney 2012, NEWT 2016)
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To: Yashcheritsiy
There is a phrase that describes this sort of thing. Breaking and entry. Throw in vandalism for the stuff that got broken. In a just world people would be going to jail over this. In Obams’s world nothing is going to happen to the bankers, contractors and cops who let this happen.
10 posted on 09/07/2012 7:36:29 AM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: Yashcheritsiy
Probably just a buncha deadbeats trying to get a house without paying a mortgage /certain FReepers

One small detail though:

"The couple, however, didn’t have a mortgage on the home."

Seems we may have a valid claim of "reverse" theft-by-conversion soon to be going on here. Wells Fargo stands to be seriously humbled by this and the couple, susbstantially enriched.

FReegards!


11 posted on 09/07/2012 7:37:44 AM PDT by Agamemnon (Darwinism is the glue that holds liberalism together)
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To: Yashcheritsiy

I’ll neve feel sorry for a banker.


12 posted on 09/07/2012 7:38:47 AM PDT by OldNavyVet
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To: Yashcheritsiy

My hero, Dave Ramsey, has a saying that I have often repeated. “After an extensive study and years of research, it was found that 100% of foreclosures occur on homes with a mortgage.”

I guess I stand corrected....


13 posted on 09/07/2012 7:39:03 AM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: GonzoGOP

Wells got the ball rolling on this.
They are liable.


14 posted on 09/07/2012 7:39:11 AM PDT by Eric in the Ozarks (I didn't post this. Someone else did.)
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To: Yashcheritsiy

Look for them to become the Democrat Poster Children for the “Use Eminient Domain to Stop Foreclosures” movement.


15 posted on 09/07/2012 7:40:13 AM PDT by Buckeye McFrog
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To: apillar

Wells Fargo is filthy.

Back when a tree fell on my house I called the insurance company to make a claim and discovered that Wells Fargo had been pocketing the money that I was paying through them for the insurance that was required for the mortgage.

A couple calls to my congressman over it were pretty effective and they paid for repairs plus the final couple of months of payments. However the mortgage continued to be sold down the line which was a hassle for another couple of years.


16 posted on 09/07/2012 7:42:26 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Yashcheritsiy
This isn't the first time.

My friend almost had his house foreclosed by a company that did not have any claim to the mortgage. It took thousands of dollars an a few years to get it to stop. The collections people still call him, and he is considering filing a suit against them.

In which case they will sell the fake debt, and it will begin again.

17 posted on 09/07/2012 7:43:12 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Eric in the Ozarks
Wells got the ball rolling on this. They are liable.

Right, so the people may get something, after a decade in court. Just to top it off the lawyers will take 30% of that.

Putting the bank president in jail cell for breaking and entering until restitution is made to the complete and total satisfaction of the homeowners would probably speed things up a bit. However as it stands now the bank has the money, the bank has the lawyers and the bank has time on their side.
18 posted on 09/07/2012 7:46:56 AM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: GonzoGOP
There is a phrase that describes this sort of thing. Breaking and entry. Throw in vandalism for the stuff that got broken. In a just world people would be going to jail over this.

I was thinking the same thing. This is not a civil matter. It's a criminal matter.

Before I even talked to the bank, I would have filed burglary, trespass, and vandalism charges against the contractors that stole everything.

Then, I would have filed conspiracy charges against the highest ranking officer in the bank.

THEN, we would talk.

19 posted on 09/07/2012 7:50:50 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: All

But remember folks, people who talk about how bad the banks and banksters are are just a bunch of Ron Paul wackos...


20 posted on 09/07/2012 7:53:26 AM PDT by Yashcheritsiy (Science puts you on the moon, atheism puts you in the gulag)
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To: Yashcheritsiy
This is the sort of situation where it would be nice to have a good friend to help you out...

21 posted on 09/07/2012 7:55:19 AM PDT by Bobalu (It is not obama we are fighting, it is the media.)
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To: Yashcheritsiy

Wells Fargo is evil! I will never do business with them again under any circumstances.


22 posted on 09/07/2012 7:55:43 AM PDT by sauropod (Only two of God's creatures can employ the term "we": newspaper editors and men with tapeworms-Hayes)
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To: duffee

Probably autioned off at a storage facility.


23 posted on 09/07/2012 7:56:58 AM PDT by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
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To: Bobalu

He is one of my favorites in Breaking Bad.


24 posted on 09/07/2012 7:57:51 AM PDT by LauraJean (sometimes I win sometimes I donate to the equine benevolent society)
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To: Yashcheritsiy

Seems like a vacation home. I am sure Outstanding Leader will tell these folks that a vacation is necessary, therefore the representatives of the state (bankers) were justified to break and enter and then vandalize.


25 posted on 09/07/2012 7:58:35 AM PDT by CORedneck
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To: LauraJean
He is one of my favorites in Breaking Bad.

Not anymore.
26 posted on 09/07/2012 7:59:21 AM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: justlurking

Nope: Criminal matters require intent. It’s pure civil.


27 posted on 09/07/2012 8:00:55 AM PDT by ArmstedFragg (hoaxy dopey changey)
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To: Yashcheritsiy

I’ve always considered Bank of America (big donors to Obama and enablers of illegal aliens) to be the worst financial institution in America. Looks like they have serious competition now.


28 posted on 09/07/2012 8:08:49 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: ArmstedFragg
Nope: Criminal matters require intent. It’s pure civil.

As I said, I'd start with that. It would be up to the bank to prove that it wasn't intentional.

Then, we would talk about settling for criminal negligence.

Eventually, we would start talking about money. But by then, they would know that they had better not screw with me again.

29 posted on 09/07/2012 8:10:44 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: CORedneck
corrected

Seems like a vacation home. I am sure Outstanding Leader will tell these folks that a vacation home is NOTnecessary, therefore the representatives of the state (bankers) were justified to break and enter and then vandalize it.
30 posted on 09/07/2012 8:11:18 AM PDT by CORedneck
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To: justlurking
I would have filed burglary, trespass, and vandalism charges against the contractors that stole everything.

Doesn't the DA have to charge people for crimes like this. As a citizen I don't think there is anyway you can "file" against someone for burglary. The DA has to take up your cause.

It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.

31 posted on 09/07/2012 8:13:41 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Yashcheritsiy

We were customers of Wachovia Bank. Before the sign on their door even changed to Wells Fargo, we started getting lots of arm-twisting and rude phone calls pushing Wells Fargo products. No matter how many times we told them to stop calling, the intrusions continued. I finally lost my temper with a sales caller, and he shouted back “WE HAVE THE LEGAL RIGHT TO CALL YOU FOR THIRTY DAYS!”

When we cancelled our account, the manager came into the lobby and seemed personally offended, and gave us bloody hell for “... running out on him.”

I am amazed when I see such responses; this shows us how often an ego can push away something we most desire.


32 posted on 09/07/2012 8:21:06 AM PDT by InkStone (ED)
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To: Jack Black

You absolutely can make a Citizens Arrest, furthermore the Police are Required to act upon it and either Arrest or issue Citation subsequent to a Citizens Arrest, then the DA will have the case and decide to file or not. The Mere fact that The entire Bunch of THIEVES, including the Banker’s that ordered this CRIME are not in Prison as we speak as well as having their Assets Seized should demonstrate to EVERYONE that The DA is as CORRUPT as the Day is Long, I will also include EVERY Police Officer in the CITY with this for not Arresting EVERYONE INVOLVED. Why anyone puts faith in these Thugs is beyond me. There is a pretty abundant amount of clear and convincing evidence to warrant wholesale arrests and prosecutions in this case, ignorance of the law is neither a defense nor an excuse in the State of California.


33 posted on 09/07/2012 8:22:38 AM PDT by eyeamok
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To: Jack Black
Doesn't the DA have to charge people for crimes like this. As a citizen I don't think there is anyway you can "file" against someone for burglary. The DA has to take up your cause.

Yes, that's correct. I meant a "complaint". It would be up to the DA to file the charges.

It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.

The bank is claiming it was a mistake. Would you take their word for it, at this point?

As I noted to another poster, it would be up to the contractor (and bank) to prove it wasn't intentional. But, I would have made my point.

Then, we would start talking about negligence, and whether it was criminal or gross negligence.

By the time we started talking about damages, their culpability would be well-established.

34 posted on 09/07/2012 8:24:42 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: CORedneck

Just think of it as the Obamunist regime’s idea of ‘reverse mortgage’.


35 posted on 09/07/2012 8:30:54 AM PDT by Noumenon (“...the other side wants everything in America to be free, except us.” Paul Ryan)
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To: justlurking
I leave the details of abuse to my lawyer. He jokes that you can find him by dialing 1-800-dial-a-bastard.

/johnny

36 posted on 09/07/2012 8:34:58 AM PDT by JRandomFreeper (Gone Galt)
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To: ArmstedFragg
You still have the DA file the charges. The key is changing the time element from favoring the bank to favoring the homeowners. The homeowners have their house trashed and unusable, their personal items lost, and they can't start repairs until a settlement is reached. The bank in contrast is sitting on the money from the sale of the stolen items. Their lawyers are on staff and unlike the homeowners who have to pay insane hourly rates or turn over 1/3rd of the value of their possessions to a lawyer tieing it up in court for years costs the bank nothing.

Put the bank manager under arrest and even when he gets out on bail he is going to want to clear his name. His bond will likely mean a nice lean on his home. The case now becomes just as personal for him as it is for the homeowners.

Finally criminal charges reverse the lawyer bill issue. The DA is being paid by the homeowner, in the form of taxes, regardless of if a case is pursued or not. Hence no additional charge to the homeowner. The banker and his contractors will need to hire their own lawyers, as lawyers specializing in criminal cases are usually not on staff at a bank.

The fastest and easiest way for the banker to clear the breaking and entry charge is in to admit in court that they acted with criminal negligence. Making a credible threat of criminal proceedings encourages the bank to write big checks, write them quickly and to do it with the minimal involvement of lawyers.
37 posted on 09/07/2012 8:50:39 AM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: redgolum
I don't (knock on wood) have a problem with my mortgage, but I keep getting dunned for a bill for some lady with the last same name. AS far as I can determine, this woman has NEVER lived at the house that I own.

I call, I straighten it out. Then, a couple of years later, I get a dun from some other collection agency.

Any FReepers that are lawyers out there? Answer this question. Can I safely ignore these notices” I'm tired of trying to make Indian telephone dun collectors, whom I can barely understand, get the point that they can whistle for their money as far as I am concerned.

38 posted on 09/07/2012 8:54:04 AM PDT by chesley (God's chosen instrument - the trumpet)
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To: Yashcheritsiy
"Probably just a buncha deadbeats trying to get a house without paying a mortgage!!! /certain FReepers "

LOL!!! True, true.

39 posted on 09/07/2012 8:56:01 AM PDT by moehoward
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To: Yashcheritsiy

They should sue for 20 million dollars.


40 posted on 09/07/2012 8:58:57 AM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: GonzoGOP

For the benefit of the homeowners, best to keep it in the civil courts where they can be made (nearly as possible) whole.

For the benefit of society at large, the case can be made for criminal charges, but the interests of immediate victims are usually subordinated to those of ‘society.’ (How much benefit is there to a victim, in cases like this, from somebody going to jail or paying a fine to the government?)

Through the civil courts however, a similar effect (IMHO) may be had through exemplary damages.


41 posted on 09/07/2012 8:59:40 AM PDT by Erasmus (Zwischen des Teufels und des tiefen, blauen Meers)
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To: chesley

Send the collection agency a written or typed letter (make sure to make copies) asking them to provide validation of the debt, and instructing them not to contact you in any way until they do. Under the FDCPA, you can sue them for $1000 a pop for each incident of them contacting or otherwise harassing you between the time that you sent the letter and the time that they provided said verification (be sure to send the letter by registered mail, so there is a record of them signing to receive it, with the date/time).

My wife and I were getting dinged about some medical bills that some collection agency said we owed. I sent the letter, and they called a few days later. We won the case, got $1000, and the lawyer got $3500 (go figure). Haven’t heard from the collection agency since.


42 posted on 09/07/2012 9:20:07 AM PDT by Yashcheritsiy (Science puts you on the moon, atheism puts you in the gulag)
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To: Bobalu

I LOVE Mike! (Will miss him)


43 posted on 09/07/2012 9:24:15 AM PDT by Wisconsinlady ("When injustice becomes law, then resistance becomes duty." Thomas Jefferson)
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To: Yashcheritsiy

Thanks.

Next time I’ll try that. I’m due another attempt within the next 6 months, if they rn true to form.


44 posted on 09/07/2012 9:32:13 AM PDT by chesley (God's chosen instrument - the trumpet)
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To: cripplecreek
Wells Fargo is filthy.

I will NEVER bank with them. I was an adult sponsor of a kids' group that had been using WF. The other adult sponsor knew what a mess the bank account was in and that signature cards had expired years before. Well, that sponsor died so I tried to get everything up to date and you wouldn't believe the bs. WF demanded the deceased person come in even though a couple of them had gone to the funeral. Then they wanted me to declare my own personal finances and put my fully paid off house up for collateral. What?!? Can you say scam? They refused to close the account because my signature wasn't on file after they had already admitted they never check the signature cards for any account. Let me say that again, WELLS FARGO ADMITS THEY DO NOT CHECK SIGNATURE CARDS. They had two bank officers trying to bully me over a little bitty kids' organization account and frankly it was getting more than just a little hairy. I finally walked to the teller window and wrote out a check for the entire amount and deposited it in the bank down the street.

Another time, a relative with the same last name as me had written a check to me on a WF bank and since I was driving past it decided to cash it. I went through the drive thru but they made me come inside. When I got inside, they wanted to make a copy of my license and my finger print. The ink pad was there at the counter so it was their normal procedure. Excuse me, talk about an invasion of privacy and all for a $25 check on their own bank.

No, thanks. I'll stay with my little "Cheers" bank where everybody knows your name, your kids' names, your sister's name and your dog's name and believe they are there to serve their customers.

45 posted on 09/07/2012 9:48:25 AM PDT by bgill
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To: ArmstedFragg

“Nope: Criminal matters require intent. It’s pure civil.”

Actually, in Texas, is is “intentionally, knowingly or recklessly.”

Seems someone acted recklessly.

It’s pure criminal.


46 posted on 09/07/2012 9:56:29 AM PDT by Hulka
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To: ArmstedFragg; justlurking

“Nope: Criminal matters require intent. It’s pure civil.”

Actually, in Texas, is is “intentionally, knowingly or recklessly.”

Seems someone acted recklessly.

It’s pure criminal.


47 posted on 09/07/2012 9:56:55 AM PDT by Hulka
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To: Yashcheritsiy

Yes, some of our Business Socialist FReepers will make excuses for the bank (its free market!), but this couple should sue the living hell out of the bank and every one involved

This happens to much for these inicidents to be accidents. These wrong foreclosures happen all the time in Florida...and in Florida a judge has to approve any foreclosure for one to take place


48 posted on 09/07/2012 10:00:24 AM PDT by SeminoleCounty (The DNC Convention is like the Nuremburg Rallies for non-white folks)
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To: chesley
I had this problem awhile back.

First thing you do is get a name and address for the collection agency. They are required to provide it.

Next, you look up the laws in your state, and in their state. You'll find statutes for harassment.

Write a letter, stating that you are not the person in question and you don't know her. Any further attempts to contact you will be considered harassment, and you'll file a complaint with the local police in their jurisdiction. Cite the harassment statutes.

Send the letter, certified mail, return receipt requested. And send a copy to the Attorney General in your state and their state. Look on the state's website, and you'll find an address for this.

It won't necessarily stop a future one, but it will stop this one, quickly. Since I did it, I've never heard anything further about it.

49 posted on 09/07/2012 10:14:54 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: musicman

BFLR


50 posted on 09/07/2012 10:16:12 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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