credit card hounds

[blueboy]

What is the name of your state? ca

my wife's friend was recently hospitalized for what was thought to be a heart attack. After 3 days of tests they determined it was an anxiaty attack. The only new thing in her life was one credit card company started calling her 8-10 times a day even on Sundays. She is unemployed and has applied for disability and has decided to file bakruptcy.
What can she say to the credit company to get them off her back? FYI she owed 5000 and now only owes 1000. but since she was let go she can no longer pay. Is it legal for them to call so often and even on weekends?

 

[Ladynred]

Unfortunately, if she's still dealing with the original creditor, they can get away with murder. They are not bound by the same FEDERAL laws that apply to 3rd party collection agencies - the Fair Debt Collections Practices Act.

However, CA has its own very strict version of the FDCPA and it DOES apply to original creditors. So, read up on the CFDCPA and then have send them a letter telling them they are to ONLY contact her by mail - no phone calls.

http://www.dca.ca.gov/legal/dc_2.pdf