Harassment from a Paralegal

[ComDot3001]

California

Three weeks ago I received a latter form a paralegal representing a law firm in regards to a debut. I called the paralegal the next day to arrange payments. Stated to him what I could do and afford and was told that, that was not acceptable and that he would call back the following week. The following week he did not call but decided to call last Thursday, Friday of last week, and today (Monday). My question is what can I do about the rudeness of his calls I have no problem paying the loan back but I wish not to have him oversee my case. Each call has been very rude and borderline harassment. Saying things such as “I'm gonna call your neighbors and have them come knock on your door . . .. And tell them how irresponsible u are” “What are u scared of, I have left so many message it’s pathetic for u to act this way” In reality he has only left three messages All three have been verbally insulating. I work 85 miles from home and do not revive the messages until I return home. By this time they have left for the evening .I want to call and speak to his supervisor or whom ever is in charge of collections at this allege law firm but before I do, I would like to know if I’m going about this the right way or if I should seek legal help with assisting me in this problem.

Thanks for your help,

CD3001

 

[HomeGuru]

California

Three weeks ago I received a latter form a paralegal representing a law firm in regards to a debut. I called the paralegal the next day to arrange payments. Stated to him what I could do and afford and was told that, that was not acceptable and that he would call back the following week. The following week he did not call but decided to call last Thursday, Friday of last week, and today (Monday). My question is what can I do about the rudeness of his calls I have no problem paying the loan back but I wish not to have him oversee my case. Each call has been very rude and borderline harassment. Saying things such as “I'm gonna call your neighbors and have them come knock on your door . . .. And tell them how irresponsible u are” “What are u scared of, I have left so many message it’s pathetic for u to act this way” In reality he has only left three messages All three have been verbally insulating. I work 85 miles from home and do not revive the messages until I return home. By this time they have left for the evening .I want to call and speak to his supervisor or whom ever is in charge of collections at this allege law firm but before I do, I would like to know if I’m going about this the right way or if I should seek legal help with assisting me in this problem.

Thanks for your help,

CD3001

My response: if the law firm is acting as a collection company, then they have violated several Federal collection Laws.
Do some research so you understand the Federal laws.

 

[modernist]

I hope I can help you out a bit. The Fair Debt Collection Practices Act expressly dictates how collectors can conduct themselves when dealing with debtors. Harassing behaviors such as this can be addressed, and in some cases, the debt is wiped clean for these continued antics and punitive damages awarded...to YOU!

Go to: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

to read this Act in its entirety to see just where this falls, and do be sure to visit an Attorney (lawyer referral or legal aid for your county if tight on funds and to see if you can qualify for free or low cost consultation) if you think they have indeed violated same. DO save your answering machine audio tapes/digital recording of this man's calls...as I understand it to be admissable in court since he knew he was being recorded.

I can tell you, as a former Paralegal (Stay at Home mom, trustee at a local children's club, and local town watch newsletter Editor now) that I would have been fired if I did what this man is doing for the simple fact of opening the firm up, and their client, to possible law suits. Most paralegals know better than this, so I am leary of this man's credentials/supposed identity. Either way, collection agent or Attorney's office, both are governed by the above-referenced Act. I will say I always tried to treat any debtor I spoke to with common courtesy (especially considering they could walk into the office at any time and start gattin'...ahem, shooting....just common sense self-preservation techniques in this day and age no doubt.) This often resulted in arangements that not only helped debtors to come current/keep their homes etc, but also kept clients from suffering charge offs and costly/drawn out legal litigation etc.

Good luck in straightening out and keeping your financials clean... and in doing your reading up on this matter. God bless!

 

[ComDot3001]

Thanks for the sound advice. I have read and reviewed The Fair Debt Collection Practices Act. And fell that they have violated two sections of it (Sec 806-1, and 806-5). My question now is, should I write a latter asking not to be contacted by the person who is harassing me and ask for my case be assigned to another person and make arrangements with that person. Or should I seek legal representation to handle the case for me?

Thanks

CD3001

 

[ARTFUL CODGER]

Check out www.budhibbs.com. for a good example of the
"drop dead" or cease and desist letter you need to send
to the debt collector.
Also consult with an attorney where you can find one. Someone
correct me if I am wrong, but I believe California is one of
those states where you can begin legal procedings against
a debt collector without paying out a big retainer. Also
California's consumer laws governing debt collection practices
are more stringent than the FDCPA.

DISCLAIMER: I am neither an attorney nor a legal
professional licensed to practice law in any state.
Therefore the preceding is strictly my own opinion
and should not be construed as legal advice or as an
attempt to form an attorney-client relationship.

 

[modernist]

cool site Artful!