Calls from Creditors

What is the name of your state? New York

My legal address is in New York. However, at the current time, I am a graduate student attending grad school in another state, North Carolina. While working toward my masters, I am teaching in a North Carolina school. My question is does a creditor have the right to call my place of employment to talk to me. I'm not sure if it is different because the debt occurred in NYS and not I live temporarily in North Carolina for the school year. Please advise me accordingly.

I thought that a creditor could not contact you while you were working at your place of employment. I need to know for sure before I call my creditor back (I was unable to take the call because I was teaching a class).

[I AM ALWAYS LIABLE]

Originally posted by msnewyorker24
What is the name of your state? New York

My legal address is in New York. However, at the current time, I am a graduate student attending grad school in another state, North Carolina. While working toward my masters, I am teaching in a North Carolina school. My question is does a creditor have the right to call my place of employment to talk to me. I'm not sure if it is different because the debt occurred in NYS and not I live temporarily in North Carolina for the school year. Please advise me accordingly.

I thought that a creditor could not contact you while you were working at your place of employment. I need to know for sure before I call my creditor back (I was unable to take the call because I was teaching a class).

My response:

Why are you concerned about a "secondary" issue?

Your primary issue is to pay your debts. If you paid your debts, they wouldn't be writing to you, calling you at work, or calling you at home.

You borrowed money from someone, pursuant to a contract that you signed with your good name - - now, pay it back.

IAAL

[HomeGuru]

And yes, a creditor can call you at work no matter what state you are from and no matter what state you are living in.

[JETX]

As noted by HG, they can call you at work... until you notify them not to.

§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication."

Also:
"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."
Source: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805[/url]

MSNEWYORKER24 ...

Don't pay any attention to " I AM ALWAYS LIABLE " reply post and HomeGuru post is just plain BAD information ...
Halket reply post is TRUE , VALID & CORRECT as is the following information ...
A Collection Agency CANNOT / MAYNOT contact you at your place of employment if you have asked / told then NOT TO !

You can also report them to the Collection Agency Licensing Board for the state that you are in ( they should have one ... get the number from local information or phone book )
The Collection Agency Licensing Board can also inform you on collection agency do's and don't laws and also keep in mind that no collection agency wants to be reprted to them with a bad report filed against them .

To Do This you may want to follow or use the below as a guideline ...

What you need to do is give them a simple Cease and Desist Notification , Both Verbal & Written , you can fax it but it's best to send it via mail with a Return Receipt ( Signature ) Required .
This way someone has to sign for it at their end and is perfect proof they got it if they violate this Cease and Desist notification / order .

Also keep in mind that if they contact you at work after this order / notification has been issued you are entitled to compensation from them ( contact an attorney for this ) , without an attorney they'll give you the run around forever .

The next time you are contacted at work ( Verbally Tell Them ) ...
As of Todays Date, -/-/- , you are hereby ordered to cease and desist any / all calls to me at my place of emoployment / workplace , contact me at home only !

Its best to ask for a supervisor or someone in an authoritative position to state this to , however , if not available , the collection agency rep who calls you should be told this .

Also try and get their address and a supervisors or managers name ( to mail your written letter to ) before you give them the verbal order .
If you cannot get anyones name just make sure you have the agencys company name someone will sign for at the other end when you mail it thats all you need as your proof they got it .

If you cannot get any info from the caller jsut make sure you have their retun number and company name then call the Collection Agency Licensing Board they can tell you exactly who they are and where they are located as well as a contact name .

This will take care of that !

[I AM ALWAYS LIABLE]

[quote]Originally posted by WhattoDoNoW29
[b]MSNEWYORKER24 ...

"Don't pay any attention to " I AM ALWAYS LIABLE " reply post . . .

This will take care of that !"


My response:

There you go! Please, pay no attention to me whatsoever. You should listen to this knucklehead.

Yes, that's right, "that will take care of that" - - and, in so doing, you just helped our writer get sued for the principle amount, court costs, interest and attorney's fees.

So, writer, don't pay any attention to me at all. I have no clue about what I'm talking about. None whatsoever. "Whattodonow" is going to pay your bill for you so that you don't get sued.

Apparently, knucklehead "Whattodonow" thinks the debt will somehow disappear with a simple "cease and desist" letter. And, if he doesn't think it will disappear, where does the debt go? That's right, on your Credit Report and you get a free trip to learn, first hand, how the court system works.

Good luck, and please, listen careful to knucklehead "Whattodonow" because he just "bought" you double the amount owed - - when you consider the above costs and fees.

IAAL

Hmmmm ....

The Truth Always Hurts and Causes Those Guilty To Rise With Ignorance ... ( I AM ALWAYS LIABLE ) .

I personally donot have the time nor the interest to engage in such name calling and the like , that's far BENEATH me but appears to be just your speed .... ( I AM ALWAYS LIABLE ) , I leave that to those with nothing but time , boredom and displeasure in their lives ... , now , to stay on topic here ...

The author's question referenced ( I Can Read Effectively , Can You ) " My question is does a creditor have the right to call my place of employment " ...

To respond with such an inflamed , careless and insensitive reply ( which by the way doesnot even come close to answering the question ) is pathetic and shows ... you .

The author never referenced not paying the bill nor did she reference how to get around paying the bill ...
Additionally , the response given by myself donot in anyway reference not paying the bill , in fact doesnot even come close to mentioning such ( Again , Can Ya Read ? ) .

My response and the response Halket issued covers the authors question in full ( What does yours do I AM ALWAYS LIABLE ? ) , which is what this board is suppose to be for ? ...
If those guidelines suggested by myself and Halket are followed, the collection personnel will not and cannot legally call again at work and if they do action can be taken against them .

msnewyorker24 ... I wish you well with handling your posted matter , hope I have been of assistance and remember that some of those persons who respond to questions here may have nothing but time and boredom in their lives and may respond with ignorance, so you'll have to bypass that madness .

( I AM ALWAYS LIABLE ) ... I Will Say A Prayer For You ...

Oh , By The Way , I also never referenced my sex ( which is female ) so why am I referred to as " He " ( Again , Can You Read ) !

Bless You ( I AM ALWAYS LIABLE ) or More Appropiately ... ( I AM ALWAYS UN RELIABLE ) !

[bigun]

Well, Whattodo, your advice is not all that reliable.
First of all, there are no Collection Agency Liscensing Boards. Collection agencies apply for a liscense and/or post bonds with the Sec. of States Office.

Any violations by the CA is not reported to the Sec. of State {unless it involves liscensing or bonding issues}. Violations of the FDCPA should be reported to the FTC and/or the AG's office in the state in which they were committed.

When I was getting constant calls from Credit Cards, I phoned the FTC about them. I was told that a Credit Card Co. did not have the guidelines to follow as the Collection Agencies. That all I could do was complain, but it would take a mountain of complaints about abuses from one CC Co. to do anything about it, and then again, it wouldn't be enforceable as with the Collection Agencies.

[HomeGuru]

[quote]Originally posted by I AM ALWAYS LIABLE
[b][quote]Originally posted by WhattoDoNoW29
[b]MSNEWYORKER24 ...

"Don't pay any attention to " I AM ALWAYS LIABLE " reply post . . .

This will take care of that !"


My response:

There you go! Please, pay no attention to me whatsoever. You should listen to this knucklehead.

Yes, that's right, "that will take care of that" - - and, in so doing, you just helped our writer get sued for the principle amount, court costs, interest and attorney's fees.

So, writer, don't pay any attention to me at all. I have no clue about what I'm talking about. None whatsoever. "Whattodonow" is going to pay your bill for you so that you don't get sued.

Apparently, knucklehead "Whattodonow" thinks the debt will somehow disappear with a simple "cease and desist" letter. And, if he doesn't think it will disappear, where does the debt go? That's right, on your Credit Report and you get a free trip to learn, first hand, how the court system works.

Good luck, and please, listen careful to knucklehead "Whattodonow" because he just "bought" you double the amount owed - - when you consider the above costs and fees.

IAAL

**A: I agree with IAAL. Additionally, WhatToDodoNow,
Pres/CEO of the Potty, has no clue of which she speaks, therefore she needs to be flushed down the toilet. I'm sure we all read enough crap from her.

yes, they can call you at work.
If you dont want them to, send them a certified letter asking them to stop.
they will stop, but this will only speed up the action they take against you in court.
I would try and work something out with them, payemts whatever, this will also stop the calls and could save you from wage garnishments or worse.

Mikey