Q: I have a lady calling saying she is from a lawyer's office telling me i owe money but will not send me anything by mail.

A: You need to get up with a lawyer specializing in violations of the Fair Debt Collections Practices Act (FDCPA).

Assuming this is a legitimate debt collector, they are required by the FDCPA to send you written notice about the debt within 5 business days after they make phone contact. When you get the letter, you then have certain rights to know more about the debt and can ask for verification.

While it is common for debt collection agencies to try calling third-parties, they are only permitted to do so for the purpose of acquiring location information. They are not permitted to discuss the debt with third-parties or disclose that you owe money so it would appear that they have already violated the law.

However, the tactics you describe make me think this is some kind of a payday lender and an overseas one to boot. Such individuals do not abide by the FDCPA and because they are located outside the US little can be done about them. However, if it is a payday lender, then there are rules about that and chances are that you would not be liable for any of the usurious rates that payday lenders charge unless they complied with GA law (and most of them don't because making the loans would not be profitable for them).

What I suggest you do is write down the number the next time that the collector calls or have your family member do so. They also need to note the person who called, where they are from, and time and date of the call. The person who talks to them should first ask if the call is recorded. If the person is a family member, they need to tell the collector that they are in violation of the law as they are not liable for your alleged debt and that any further calls will be deemed harassment and they will seek counsel. Then they should hang up.

If its you they call, again ask if the call is recorded. Ask if the debt collector sent you a letter as required by the FDCPA. Advise that you have consulted legal counsel and have been advised of your rights. If they give you the shuck and jive about how they don't need to send anything written, tell them they will be hearing from your attorney. Hang up.

Try googling the number that called you. This may give you a clue as to the identity of the caller and whether the caller is a legitimate debt collector, a scammer or an overseas payday lender. Depending on what you find out will depend on if you then proceed to get a lawyer. If you have any further questions, please email me at rachelforjustice@hotmail.com.