Legal Question in Business Law in California

Credit company telephone harassment

A payoff agreement was reached and was paid in August 2001. In January, I was dunned for added payment of interest and penalties and to date I have received 30 calls at all hours, up to 3-5 per day, some threatening. My daughter has also been called. I have written 2 letters and made 4 phone explanations. I have been told twice that my explanation was OK and that I would receive no more calls. The calls continue, always by different people.


Asked on 1/30/02, 11:52 pm

1 Answer from Attorneys

Wayne Smith Wayne V. R. Smith

Re: Credit company telephone harassment

Best thing to do when they call is first ask for the name of the caller, and the name and address of the firm he is employed by, and his phone number. Ask also for his license number. If you are asked why, tell him it is to make sure the names are correctly spelled on the lawsuit under the Fair Debt Collection Practices Act you are going to file, and an attorney said you needed this information. If a supervisor comes on, get the same information. Possibly you will find someone who has common sense along the way, but don't count on it.

Then, call the creditor and advise him that you want the same information. Same purpose. If you are going to have to go to the trouble of suing the debt collectors, you might as well sue the creditor who authorizes them to violate your consumer rights. No emotion in your tone. Just like the traffic officer - calm and monotone. Keep asking until you get someone with common sense, or they hang up.

This should work. If not, contact your attorney or me, and for a small fee, I can put the concerns in legal language they might understand. And once you identify a lawyer, they can no longer call you.

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Answered on 1/31/02, 12:22 am


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