Legal Question in Credit and Debt Law in Maryland

Coming to House to Collect Debt

I have a small debt with a local magazine company who published an ad for me about a year ago. I have made several payments but have since learned that the publication is being sued for copyright infringement by it's local competitor. I have since stopped making payments on this debt because the ad is no longer being run as the Magazine has stopped circulation. However, this afternoon the owner of the magazine company showed up at my house, in an attempt to collect on the debt I assume. Luckily I was not at home. My question is, if my home address is my business mailing address is it legal for a person to show up at my house? He threatened in the note that he left that he would come back. Is that legal? Can he do that?

Asked on 3/15/04, 4:34 pm

2 Answers from Attorneys

Michael Worsham Michael C. Worsham, Esq.

Re: Coming to House to Collect Debt

The person should not make repeat visits. Send a letter in writing telling them not to come to your house. You should pay your pro rata share for the ads that actually did get run.

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Answered on 3/15/04, 8:23 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Coming to House to Collect Debt

In terms of fair debt collection practices your question is bounded by your matter not being a consumer debt. This debt allows for greater collection practice.

Your question also presents that the bargained for contract was not performed. Where a contest to the matter exists you do not have an obligation to pay. Essentially this is a matter of the contract that you had and its conformance with law.

The debt collector does not have a right to show up at your residence repeatedly and you should contact the local police department should the issue escalate. Essentially this matter need judicial intervention by the person seeking collection.

Holthaus Law Office

(410) 799-9002

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Answered on 3/15/04, 6:33 pm

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