QUESTION
What can I do about a debt collector who keeps calling my job when I told them not to and I'm making payments?
Asked on Jul 09th, 2012 on Bankruptcy - New Jersey
More details to this question:
There is a debt collector who has called my job 5 times and my husband’s job 6 times. I made one payment and just mailed off another. I feel I shouldn’t have to pay them anymore because they keep calling my job after I told them to stop. So since they broke the law I think I shouldn’t have to pay them and they should owe me for harassment on the job.
14 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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The debt collector is violating the Fair Debt Collection Practices Law by making unwanted calls to you on your job and to your husband at his job. You need to consult with a lawyer who is familiar with consumer protection lawyer to find out what action he or she recommends. Good Luck!
Answered on Aug 27th, 2012 at 3:52 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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YOU can probably sue them for violation of Florida and Federal Collection Practices Acts.
Answered on Aug 10th, 2012 at 9:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have an ability to recover some penalties for the collectors violations (and should do so to discourage this form of behavior).
Answered on Aug 10th, 2012 at 9:36 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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In cases alleging harassment by debt collectors, I always refer people to an FDCPA attorney for a cease and desist letter. It may cost you a bit of money, but if it's your job on the line it's well worth it. First question that an attorney can figure out for you is whether the creditor harassing you is a third party debt collector. Yes, the FDCPA prohibits harassment and false or misleading practices. But most people don't realize that the FDCPA only applies to third-party collection agencies, and not internal collections acting on their own behalf. An FDCPA attorney will also be able to send a cease and desist letter that sticks.
Answered on Aug 10th, 2012 at 9:29 PM
You still owe the debt. However, you may also have a claim against the collection agency for violation of the Fair Debt Collection Practices Act. You should talk to an attorney as soon as possible.
Answered on Aug 10th, 2012 at 9:14 PM
Brett Alexander Pedersen
Write a letter telling them to stop contacting. They might sue at that point.
Answered on Aug 10th, 2012 at 9:07 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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The debt collector's practices may indeed by in violation of state and federal law. If so, you may be able to collect monetary damages from them as set forth in those statutes. Unfortunately, that does not absolve you of your obligation to pay on your debt(s). You should consult an attorney about the possibility of filing suit under the protective statutes to recover monetary damages.
Answered on Aug 10th, 2012 at 9:05 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Federal law does not allow these harassing phone calls. You can sue for harassment but you still owe the money. Tell them they are being reported to the Federal Trade Commission.
Answered on Aug 10th, 2012 at 9:03 PM
Sue them under the Fair Debt Collection Practices Act and the Florida Consumer Collections Practices Act.
Answered on Aug 10th, 2012 at 9:03 PM
Criminal Defense Attorney serving Ridgeland, MS
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Jones Law Firm
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Please take a look at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm .
Answered on Aug 10th, 2012 at 9:01 PM
Dennis P. Mikko
What law says a debt collector cannot make contact with you at work? The contact at work will not make the debt go away. If you don't want to be called at work, then don't answer the call when you know it is the debt collector, that is assuming someone other than you answers the phone. If it is your cell phone, you can let it go to voice mail.
Answered on Aug 10th, 2012 at 9:00 PM
If you didn't send the demand the correct way - in writing, through the US Mail, by certified mail, return receipt, then you have no proof they were put on notice. So, send the demand the correct way. If you did send it the correct way, collect that proof and sue these guys in federal court for violations of the federal and state version of the fair debt collection practices act.
Answered on Aug 10th, 2012 at 8:59 PM
It doesn't quite work that way. However, you can send a letter to the collection agency who employs this particular debt collector and indicate that under the Federal Fair Debt Collection Practices Act, you wish to only be communicated to in writing going forward. Keep a copy of the letter and send it certified mail as proof. Should they continue to call you on the job, you have a separate harassment complaint. One doesn't automatically cancel out the other.
Answered on Aug 10th, 2012 at 8:56 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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How may a debt collector contact you? A collector may contact you in person, by mail, telephone, or fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves. Can you stop a debt collector from contacting you? You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action. May a debt collector contact anyone else about your debt? If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
Answered on Aug 03rd, 2012 at 9:43 AM