Legal Question in Credit and Debt Law in Indiana

Re: Harrassment???

Legally, the collection agency does not have to accept your payment plan. They should, but they don't have to. They are bound by federal law under the Fair Debt Collection Practices Act to collect "fairly." They cannot harass you, but it doesn't sound like they have done it yet. They cannot threaten to do something that they won't do. I would recommend sending them a letter confirming your conversations with them. You can use these as proof later what they are saying to you. Log all of their calls, get the person's name and phone number, and write down everything they say. Read the FDCPA (http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm) to know your rights. You may even consider retaining a lawyer for a nominal fee. Hiring a lawyer forces them to deal with the attorney and not you, plus the attorney may be able to negotiate a deal where you have not been able to. Good Luck. We might be able to help you arrange a payment plan if you wish to call us at (317) 916-2300.

Re: Harrassment???

Abusive credit collection agents are the bankruptcy lawyer's friend. Many people wouldn't consider a bankruptcy except for the harassment inflicted by these uncouth barbarians. The behavior you describe sounds to me like harassment in violation of the Fair Debted Collection Practices Act. You can think about a bankruptcy, which would remove this noxious pest from your life, or you could try something a little less drastic: send a certified letter, return receipt requested, demanding that the person stop calling you but only contact you by mail. That should make the phone calls stop. Keep a good written record of the calls, including date, time, identity of person calling, text of conversation, and if possible keep copies of any recorded messages the cretins leave on your answering machine. This would be needed as evidence should you decide to sue the philistines. Good luck.