Legal Question in Credit and Debt Law in California

Harassment??

What is the law on collections? I just got out of the hospital so I�ve fallen behind on some bills due to not being able to work. There is one collection agency that calls me every 20 � 30 minutes on my cell. I�ve spoken to them once and they were very rude and hung up on me so I do not pick up the phone for them anymore. Is this considered harassment? They are driving me insane. The phone just continuously rings. I would think this would be harassment on their part. I can understand they need to call me but every 20-30 minutes Monday thru Saturday. It starts at about 8:00 am and can sometimes last until 8:00 pm. I have every intention of paying my debt but for the moment I can�t due to being in the hospital for emergency surgery.


Asked on 4/08/05, 12:21 pm

4 Answers from Attorneys

Re: Harassment??

There is a whole body of law that applies to debt collection called the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits the kind of harassment that you are undergoing.

You need to keep a log of all the calls that are being made: who called, who were they calling for (which doctor, hospital, etc.), the date and time that EACH call was made, summary of what they said, whether they used any profanity, made threats, etc.

Keep any and all telephone voice-mail messages that they have left for you.

For true harassment, which sounds like your case, the law provides for up to $10,000 PER VIOLATION of the FDCPA.

Keep a log. Don't sign any sort of waiver/release from them even after payment has been made without having a review.

I would be happy to speak with you about this matter.

Good luck in your recovery.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

910 Hampshire Road, Suite R

Westlake Village, CA 91361

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

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Answered on 4/08/05, 9:37 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Harassment??

from the facts given, you may qualify for special hardship circumstances that could either eliminate or at least mitigate the debt that you are being "harassed" about right now. you should contact us directly for your options and rights in this matter.

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Answered on 4/08/05, 12:28 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Harassment??

They are violating both state and federal laws against this sort of harrassment.

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Answered on 4/08/05, 12:42 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Harassment??

Tell the creditor (preferably in writing) to no longer contact you by telephone, and to put everything in writing. If they are violating the Fair Debt Collections Act you can file a complaint with the Federal Trade Commission at http://www.ftc.gov/bcp/conline/edcams/credit/index.html. That website can also answer many of your questions concerning consumer credit as well as the Fair Debt Collection Practices Act.

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Answered on 4/08/05, 1:21 pm


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