• 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.


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


Junior Member
What is the name of your state? New York
I tried to resolve a debt continually with American Express. They did not return phone calls or respond to a letter to settle the account. Now, 4 months later I am being harassed and verbally abused by a debt collector. I think American Express is wrong in the way they conducted this matter. And I think it's wrong of RMA to be harassing me at home and work and also trying to call my boss and personnel dept. Do I have a case?

Debt Guy

Senior Member
You did not give many details, but my guess is that you do not have any viable grounds for complaint.

The creditor is not required to negotiate with you. If you are in default, they have the legal right to demand payment in full right away.

The collection agency is subject to federal law governing their behavior. You can read the Fair Debt Collection Practices Act at www.ftc.gov (in the consumer section). Your only recourse will be to bring legal action against the collection agency but be advised that the burden of proof is on you.


I think most people reading your original post would feel your in default. If you truly were trying to settle your account, you would've sent them a payment in full, no need to contact them, just write a check. The way you used the word "settle", I got the impression that you wanted to pay a lesser amount than what you owed, which American Express is under no obligation to accept.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential