Legal Question in Credit and Debt Law in Pennsylvania

collection agency harrassment

I am willing to pay my hospital bill but I don't have the amount that the collection agency wants. He told me to give him my bank account number and I did and what little money I had in there he took it. Is that legal? and he calls me often and threatens to take my car. He keeps calling my cell phone and I told him I was at work and I couldn't talk and he said he didn't care and that I you must pay this bill and continued to talk to me. I hung up.I am 22 yrs. old and am working. What can I do about his phone calls and treats--name removed--I have moved but this took place in Pa. It is a doctors bill. Thank You


Asked on 10/07/08, 11:32 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: collection agency harrassment

You asked about a collector that is a pain in the but.

Under the Fair Debt Collection Practices Act (FDCPA) collectors are limited in the actions that they may take.

You can easily stop the debt collector from calling you at home and work. And you can nail the debt collector for violation of the FDCPA, get a statutory penalty against them AND they will have to pay your attorney's fees and court costs.

You can also file criminal charges unless the collector had your explicit permission to take money from your account. If you just gave him your account number, then that probably did not constitute permission (why the hell would you ever give out your account number?) By the by, change bank accounts numbers, your bank should do than on request.

Fight back and don't let debt collectors bully you. Hire an attorney and nail their but to the wall (and remember, they will probably have to pay the lawyer's fees.)

Regards,

Roger

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Answered on 10/07/08, 1:21 pm
Daniel Press Chung & Press, P.C.

Re: collection agency harrassment

If there is a judgment, it is legal to garnish your bank account to collect it. But the threats may constitute a violation of the Fair Debt Collection Practices Act, and if they are calling you in MD you can sue them there. If your debts exced your ability to pay, you may also want to consider filing for bankruptcy. Feel free to contact me to discuss these matters - I practice in MD, DC and VA.

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Answered on 10/07/08, 11:37 am


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