Legal Question in Credit and Debt Law in California

Can Collectors be calling me?

can a car finance company call me everyday at work and at home even after we let them know what day we would pay them? We have always paid them but it seem not to matter to them because we are behind and they say they will pick our car.


Asked on 3/20/02, 7:31 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Can Collectors be calling me?

It is improper for collectors to harass you at work (or home). If you have received any correspondence, please fax same to me at 714 363 0229, and I will provide you with free consultation.

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Answered on 3/22/02, 7:57 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can Collectors be calling me?

Thanks for your posting. There is a federal law, the Debt Collection Act, that sets what actions a creditor may take.

A collector may contact you in person, telephone, mail, fax or telegram. The collector has limits as to the time they can legally call you -- it must be "reasonable". Usually, "reasonable" hours are determined to be, in general, not before 8 a.m. or after 9 p.m., unless the debtor has agreed to be contacted at a certain hour.

The collector may call you at work. However, the collector may not call if the employer disapproves. The employer can be contacted in the case of a legal action, such as wage garnishment.

If the debtor has an attorney the collector must only contact the attorney and does not usually is not allowed to pursue the other third parties for finding information. The collector can reveal the details to the attorney.

How can you stop the collector from contacting you?

Well, if you write a letter to the collection agency telling them to stop contacting you, they may not contact you again.

However, this does not stop them from notifying you that they are going to take a specific action regarding the debt owed, such as legal action.

I hope this helps, and if you have other questions, please feel free to call or email.

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Answered on 3/20/02, 7:37 pm
Alexander Trueblood Trueblood Law Firm

Re: Can Collectors be calling me?

Try sending the cease contact letter at my website, www.truebloodlawfirm.com. By law, they will be required to stop calling you.

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Answered on 3/20/02, 10:42 pm


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