• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Creditor Harassment?

  • Thread starter Thread starter Svaha
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Svaha

Guest
My brother and his wife are having debt problems. They live in New York State. Two of their creditors call their home incessantly and they call my brother at work also. Creditors have been contacted(not avoided} and explained to and partial payments are being made. Is it legal for them to do this or harassment?
thanks
 


J

Jennm22

Guest
You need to speak to an attorney to find out what the laws are in your state. In Washington, once you send them a written letter specifically asking them not to call your home, they legally cannot. There is an exception however... they can contact you to tell you of any action they are going to take. ie...judgements, garnishments, etc.
 

Jeter

Member
This in fact is harrassment if you have told them not to call you. This is covered under FDCPA (Fair debt Collector Practices Act) which is a Federal law, not a state law. It doesn't vary. The letter is called a cease and desist letter and it will in fact stop the phonecalls. Be sure you send the letter certified mail return reciept. Include all applicable info including account #, name of collection agency, amount of debt, etc. and let them know under no uncertain terms to stop all phonec contact. The collectors will only be allowed to contact you by mail. Meanwhile, keep making your payments even if they are partial payments.

Jeter
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top