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I keep getting multiple phone calls from a debt collector looking for my ex-brother-in-law, whom I haven’t seen for over 30 years. What can I legally do to stop this continued harassment?

OKAY.I know this is probably just a tad late for the original questioner, but of course, others will read it for help with their own situations.In this situation (or, indeed, ANY time a debt collector contacts you), you need to know your rights. Though the agency has been largely gutted since the 2016 election, the Consumer Financial Protection Bureau deals specifically with these sorts of issues. You also may consider reporting the collector to the FTC and state Attorney General if you believe they’re acting in bad faith, or if they violate your rights. You may also find it worthwhile to report the collector to the BBB. Links are at the bottom.That said, when a debt collector calls, please try to record the call and follow these steps (read ahead of time!):Get the legal name of the agency.Get the name or ID number of the collection agent.Get a callback number.Get their mailing address.Get whatever identifying number is assigned to your case.Now, this is pivotal. DO NOT. DO. NOT. AT ANY TIME ACKNOWLEDGE OWNERSHIP OR PRIOR KNOWLEDGE OF THE DEBT IN QUESTION. You are NOT familiar with it, and don’t recognize that you owe it. Savvy? Even if you actually do. You haven’t yet established that these people legally OWN your debt, and there are plenty of operations that collect illegally even on actual debts. You will not get into trouble for this. You need proof.Inform them that you are requesting VALIDATION OF THE DEBT IN QUESTION (use that specific phrase if you like, but at least stick with ‘validation’. They must mail this to you; likely via certified mail. Should they ask about emailing it, press the issue. If they don’t already have your email, you don’t want them to have it. And, they almost certainly have your home address, already. Should they refuse, this will be addressed below.Inform them that all further communications must be via U.S. Mail, and in writing. They TECHNICALLY can refuse this when you request it verbally, but it’s unlikely that they will, and it’ll be addressed below, anyway.Inform them that you will await their [mailed, certified] validation of the debt so that you can establish whether you owe the debt, and whether you owe it to them.Say “Thank You!”, and GET OFF THE PHONE. This OUGHT to be the extent of the conversation. You should not provide them any information they don’t already have, save your mailing address (which, again, they already SHOULD have). See below for variations-If they refuse to provide ANY of the information in steps 1–5, they are in violation of the law, and acting in bad faith. If you can at least get the mailing address, you can go off that, but the rest will be helpful. You may have to send them a written request.DO NOT agree to make any sort of payment at this stage. Remember, you don’t know whether they’re legit yet, and you may not even actually recognize the debt. Agreeing to make a payment or acknowledging ownership of the debt can put you on the hook for it, even if you wouldn’t have otherwise been.If they threaten you, PAY ATTENTION. Generally, this shouldn’t happen in any situation, but it is SPECIFICALLY illegal for them to claim that there’s a warrant of some kind out for your arrest, or that they’re going to use your job or family to pressure you. EVER. Or, that they’re going to initiate legal proceedings (unless they are at the stage where the decision is made and they ARE filing a lawsuit against you). If ANY of this occurs, DOCUMENT IT. Times, specific quotations, et cetera. You may even be able to collect damages if they violate these legal rules.Should they refuse to stop calling and/or provide written validation of the debt, get as much information as you can and prepare to compose your own written request for these things. They are obligated, by law, to cease calls and to provide validation upon receipt of a written request. You NEED to send this request via Certified Mail with tracking. This makes it difficult for them to claim they never received it. See step 10.Prior to any actions on your part, research the agency. They most likely have SOME sort of online presence, and you can likely glean missing information from that. Be cautious, as some of the less scrupulous agencies do things like using a company name that’s very close to that of an unrelated company. Cross-reference whatever info they gave you with what you find online to verify it’s the right company.So, if they refused to mail validation, or if you haven’t received it after a couple weeks, it’s time to mail your own request (again, Certified Mail with Tracking!!!). Google up ‘debt validation letter template’ and ‘zombie debt collectors’. There are tons of resources to help you compose your letter. Ensure you demand both the written validation and the cessation of phone contact in the letter. Further, demand that, should they fail to send validation, they MUST instead send you a letter acknowledging that you do not owe the debt in question- AND that they consider the matter closed- AND that they will not resell the debt to another agency- AND, LASTLY, that they will have any negative mark based on their collection activities removed from your credit reports. Inform them that failure to meet your [perfectly legal] requests will result in you reporting them to all of the consumer agencies listed in the intro to this answer. Make a couple copies of the finished letter and the addressed envelope for your own records. Send it, track it, and give them a couple weeks once they receive it.If they fail to respond with validation or the letter acknowledging that you don’t owe the debt, THEN you get nasty and start reporting them left and right and disputing any related marks on your credit reports. UNLEASH HELL.If, and ONLY if, they provide validation documents, then you proceed with acknowledging or denying the debt and possibly requesting a payment arrangement.If the validation contains actual proof of the existence of the debt, and that you are the person that owes it, and that they’re the legal owner of the debt and entitled to collect it, proceed to settle the debt in whatever way seems best. UNLESS-Research the Statute of Limitations on debt in your state and the state the debt is coming from, if different. If the debt is past the SoL already, and you have made it through this process without acknowledging the debt or making a payment (both of which will restart the clock), decide whether paying is best for you. I’m not going to judge your reasons. Perhaps you simply can’t manage it. Either way, if you’re this far along, you’re probably not paying the original creditor (and they aren’t going to receive ANY payment you make). You can also negotiate the amount down, in most cases. The collector very likely purchased your debt for pennies on the dollar.If there’s something wrong with the validation (Not your name/contract, no original account numbers, no proof that they’re legally entitled to collect in the form of a chain of all sales of the debt) then FIGHT IT. Reply with what exactly is incorrect, and why it isn’t actual proof that you owe them, and demand a verification letter that the matter is closed and won’t be resold. Send your new request via Certified Mail (you get the idea), give them a couple weeks after receipt, and hopefully the issue will be resolved.Should they STILL give you grief it’s probably time to talk to a lawyer. Make sure you bring all your prior documentation along with anything they’ve sent you. Should they file a lawsuit against you, BE THERE TO FIGHT IT. Otherwise you’ll likely have a default judgment against you. Most likely, though, you’ll never get to this step if you use the steps above!Remember, so long as you know your rights and handle the situation properly you SHOULD be able to handle or negate most collectors. Don’t let them walk all over you, and don’t pay them unless you KNOW you owe them, specifically.Consumer Financial Protection BureauSubmit a Consumer Complaint to the FTCBBB: Start with Trust® | Better Business Bureau®

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You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Zoom policies. Zoom assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Zoom at [email protected]. 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Zoom will not access, view or process Content except (a) as provided for in this Agreement and in Zoom’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Zoom has no other obligations with respect to Content.ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Zoom is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is defined in the Services Description) using Zoom for Education (K-12).CHARGES AND CANCELLATION. You agree that Zoom may charge to Your credit card or other payment mechanism selected by You and approved by Zoom ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Zoom may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Zoom will provide you with prior notice and an opportunity to terminate Your Account if Zoom changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Zoom is unable to collect the fees owed to Zoom for the Services through Your Account, Zoom may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Zoom in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Zoom may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.TERMINATION. The Zoom website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Zoom may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process.PROPRIETARY RIGHTS. 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Zoom will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.Exhibit ABinding ArbitrationThis Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.Disputes. A dispute is any controversy between You and Zoom concerning the Services, any software related to the Services, the price of the Services, Your account, Zoom’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Zoom’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution,Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Zoom reserves the right to require arbitration.Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity .Arbitration Fees. If You are unable to afford the arbitration costs, Zoom will advance those costs to You, subject to the arbitrator’s determination if costs should be reimbursed to Zoom if Zoom prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.

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Due diligence is an investigation or audit of a potential investment or product to confirm all facts, such as reviewing all financial records, plus anything else deemed material. It refers to the care a reasonable person should take before entering into an agreement or a financial transaction with another party. Due diligence can also refer to the investigation a seller does of a buyer; items that may be considered are whether the buyer has adequate resources to complete the purchase, as well as other elements that would affect the acquired entity or the seller after the sale has been completed.As you may know you can hire companies like #KPMG, #Deloitte, #BDO. They do due diligences but they aren't cheap.I would suggest hire your own team ( Corporate Accountant / Corporate Lawyer)Checklist Due Diligence:1.Introduction1.1.Teaser/Expose1.2.Information Memorandum1.3.Management Presentation1.4.Vendor Due Diligence Report1.5.Draft SPA2.Business2.1.General Information2.1.1.Company Structure2.1.2.Overview Products / Services2.1.3.Overview Global Activities2.1.4.Corporate Vision and Mission2.1.5. CVs of Key Personel2.1.6. Market Definition and Segmentation2.1.7. Memberships in Associations2.1.8. Intercompany Relationships2.1.9. List of Participations2.2. Strategy2.2.1. Strategic Plan2.2.2. Competition Analysis2.2.3. Market Research and Marketing Studies2.2.4. List of Acquisitions and Disposals2.3. Sales and Marketing2.3.1. Description Sales Organization2.3.2. Description Marketing Organization2.3.3. Sales Literature and Forms2.3.4. Standard Customer Contracts2.3.5. List of 20 largest Customers/Channels2.3.6. Sales Alliances2.3.7. Backlog Development2.3.8. Company Publications2.3.9. Customer Complaint Reports and Management2.3.10. Customer Satisfaction Surveys2.4. Operations2.4.1. Facilities and Manufacturing Sites2.4.2. Capacity Management2.4.3. Procurement Organization and Process2.4.4. Major suppliers2.4.5. Form of Standard Purchase Order2.4.6. Quality Management2.4.7. EHS Management System2.4.8. Desaster Recovery Plans2.5. R&D2.5.1. Description R&D Organization2.5.2. R&D Strategy and Roadmap2.6. IT2.6.1. Overview IT Organization2.6.2. List of pending IT Projects2.6.3. Overview of Software used2.7. Environmental2.7.1. Environmental Reports2.7.2. List of Hazardous Materials handled2.7.3. Schedule of Incidents3. Legal3.1. Corporation3.1.1. Legal Company Structure3.1.2. Corporate History3.1.3. Ownership3.1.3.1. Lists of all current Shareholders3.1.3.2. Cap Table3.1.3.3. Samples of Common and Preferred Stock Certificates3.1.3.4. Stock Option Plans3.1.3.5. Convertible Debt Agreements3.1.3.6. Copies of any Voting Trust Agreements3.1.4. Corporate Documents3.1.4.1. Trade Register Excerpts3.1.4.2. Business Registration3.1.4.3. Licenses, Permits and Certificates3.1.4.4. Shareholders' Agreement3.1.4.5. Articles of Incorporation3.1.4.6. By-laws3.1.4.7. Partnership or JV Agreements3.1.4.8. Securities Issuances3.1.5. Governance3.1.5.1. List of all Officers and Directors3.1.5.2. Reporting to the BOD and Shareholders3.1.5.3. Minutes of Meetings3.2. Contracts3.2.1. Material Supplier Agreements3.2.2. Material Customer Agreements3.2.3. Licensing and Reseller Agreements3.2.4. List of outstanding Leases3.2.5. Guarantees given by the Company3.2.6. Credit Agreements3.2.7. Contracts with Change of Control Clauses3.2.8.Other Material Contract3.3.Disputes3.3.1.Current Litigations3.3.2.Threatened Litigation3.3.3.Litigation Settlement Documents3.3.4.Warranty Claims3.4.Compliance3.4.1.Description of Risk Management System3.4.2.Overview Compliance Program3.4.3.Restrictions of doing Business3.4.4.Compliance with Licences, Permits and Certificates3.4.5.Business with Embargo Countries3.4.6.Notices received from goverment organizations3.5.Intellectual Property3.5.1.Patents, Trademarks, Copyrights, Domaines & Social Media acc.3.5.2.Out-licensing Technology Agreements3.5.3.In-licensing Technology Agreements3.5.4.Software Escrow Agreements3.5.5.Sponsored Research Agreements3.5.6.Correspondence from 3rd Parties regarding Infringements3.6.Insurance3.6.1.List and details of Insurance Policies3.6.2.List of past material Insurance Claims3.7.Real Estate3.7.1.Deeds3.7.2.Leases of Real Property3.7.3.Copies of Appraisals4.Financials4.1.Financial System4.1.1.Overview Accounting System4.1.2.Accounting Principles4.1.3.Overview of Reporting Structures, Departments, etc4.1.4.Annual Planning and Forecasting Procedures4.1.5.Treasury4.2.Financial Statements4.2.1.Annual Financial Statements - consolidated4.2.2.Annual Financial Statements - Companies4.2.3.Managements Correspondence with Auditors4.2.4.Off-Balance-Sheet Items4.2.5.Top 20 Accounts Payable4.2.6.Top 20 Accounts Receivable4.2.7.List of fixed Assets4.2.8.List of other Assets and other Liabilities4.2.9.List of financial Investments and Securities4.2.10.Documentation Impairment Tests4.2.11.Bad Debt Development4.2.12.Details on Year-End Provision and Accruals4.3.Management Reporting4.3.1.Current Management Reporting4.3.2.Interim financial Statements4.3.3.Current Budget and Forecast4.3.4.Historic Budget vs. Actuals4.4.Business Plan4.4.1.Current Business Plan4.4.2.Details planned Capital Expenditures4.5.Financing4.5.1.Bank Accounts and short-term Investments4.5.2.Loan Agreements and other Debt Instruments4.5.3.Finance and Operating Lease Agreements4.5.4.Shareholder Loans4.6.Taxation4.6.1.Tax Accounts4.6.2.Tax Returns4.6.3.Notifications by Tax Authorities4.6.4.Private Tax MattersFuture home of 5.hr5.1.Overview5.1.1.List and Details on Employees5.1.2.Employee Handbook5.1.3.Overview Workers Representation5.1.4.Union and Collective Workers Agreements5.1.5.List of HR Litigations5.1.6.Invention Assignment Agreements5.1.7.Non Compete Agreements5.2.Compensation5.2.1.List and Details of Compensation5.2.2.Bonus Plans, Retirement Plans, Pension Plans, Deferred Compensation Plans5.2.3.Owners Compensation5.2.4.Valuation Report Pensions5.3.Contracts5.3.1.Contracts of Key Employees5.3.2.Standard Working Contracts

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