Legal Question in Credit and Debt Law in Massachusetts

My phone is being called 7 days a week, sometimes as many as 8-10 times a day. Rarely is a message left, but when one is they are telling me to call Citi. If I am at home and I pick up the same recording, this is not a sales call, enter your account #. I have no account. I have 3 times by email asked this to stop, the reply, they ask for all kinds of info and tell me it will stop in 30 days, it doesn't. The only addresses are po boxes. This week I wrote to one asking it to stop. My computer records the last 100 calls. In 10 days 47 of these are from Citi. It is annoying and what I would think is harassment. Do I have any recourse legally to stop this? Also, in 1992 I had a bankruptcy and a Citibank credit card was discharged.


Asked on 5/04/10, 3:44 pm

2 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

You could possibly discharge this debt in bankruptcy, however, that may not prove necessary. It sounds as if Citi may be violating the Fair Debt Collections Practices Act. Did you save a copy of the letter you sent? Did you send it return receipt requested?

If you did not, I would surely recommend that you do this. I would also recommend that you contact an attorney. Because attorney's fees are available in many of these cases, it may be possible to find an attorney who will take the case on what is called a "contingency" getting paid his or her fees only in the event that he or she recovers money from the creditor, though you may be asked to pay court costs and such.

I know a little something about the FDCPA, and would enjoy speaking to you about what is happening, and seeing about what you can do to "return fire with fire."

Here's my contact: [email protected]

+617-230-2779

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Answered on 5/09/10, 4:04 pm
David Baker Law Office of David Baker

As the previous answer said, this is almost certainly a violation of the Fair Debt Collection Practices Act (both state and federal versions). It may also be a violation of the bankruptcy discharge if the account was listed in your bankruptcy papers. I concentrate my practice in bankruptcy and in litigating this sort of violation. Please feel free to contact me if you want further information.

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Answered on 5/09/10, 4:17 pm


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