Legal Question in Credit and Debt Law in Massachusetts
harassing calls
Hi. I had a question regarding a collection agency calling me. I get 5-7 calls a day for an unpaid hospital debt. I dont get a person but a machine saying they have an important message for me. I understand paying the debt would solve it but money is short. I was wondering if they can do anything more than harassing phone calls. I also would like to know if theres anything legal I can do to stop the phone calls. I called them once and threatened a lawsuit and the calls stopped for a week. It made me wonder . Thank-you
3 Answers from Attorneys
Re: harassing calls
The debt collector must abide by federal and state fair debt collection laws. If they violate those laws, which have specific requirements, you may be able to countersue.
If you do not pay the debt it can affect your credit and eventually may result in the hospital filing litigation against you.
An attorney can help you negotiate a settlement and analyze whether the collector has violated the fair collection acts.
Re: harassing calls
Pursuant to 15 U.S.C 1692c (c), you have the right to send the collection agency a "cease and desist" letter which would bar them from contacting you further. If they persisted, you may have an action against them which, if successful, would entitle you to actual damages, statutory damages (up to $1000), costs and reasonable attorey fees. Also, assuming you are a consumer debtor residing in Massachusetts, you may also have a cause of action against the collection agency, pursuant to Massachusetts General Laws, Chapter 93, Section 49. If you need information relative to your specific fact situation, feel free to call my office for a free consult.
Re: harassing calls
If you were to retain an attorney, a letter from that attorney could require all debt collectors contact you ONLY through his office and the attorney might be able to negotiate a settlement or assess whether they have violated your rights under various fair debt collection laws that might give you potential counterclaims against the collectors to give them further reason to negotiate. Good Luck!