Legal Question in Credit and Debt Law in California
Harassing phone calls from a collection department.
I have been getting harassing phone calls from the collections department of Capital One Auto Finance. I told them to stop calling me for a debt that someone else owe's. I got into a altercation with a customer service rep on Jan 28, 2007 and I told them to stop harassing me and if they call me again I will sue them for harassment. I feel my FTC Rights were violated and the customer service rep told me ''You signed to make the payments'' and when he said that he does know what kind of agreement that I had whether it was written or verbal. Capital One Auto Finance told me that they can't stop the collections department from calling me. I have to get my cell phone number changed because of the harassment and the annoying phone calls I receive 10 times a day. Can I sue the collections department for harassment.
1 Answer from Attorneys
Re: Harassing phone calls from a collection department.
Send them a letter and tell them to stop calling you and to provide verification of the debt and that you are the debtor. Tell them that all communication must be in writing. Then see what they write to you. If this is someone else's debt, don't worry about it. They will go away soon.
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