Creditor Calling Too Much?
My parents have fallen behind on their truck payments. My mom is on
disability and my dad hasn't been able to find a job. The truck payment takes
up more than half of my mom's disability payment, although she has tried to
send in as much as she can each month, however it's not the full amount.
They have tried to sell the truck privately as well as to a dealership, they have
tried to get refinancing, tried to move payments to the end of the loan, etc.
They have been denied at every turn. The creditor calls them on a daily basis.
For the last three weeks, my parents have told them to come and take the
truck, because they are significantly behind and they're frustrated with the
phone calls. They know they made a mistake, but they are paying something
every month at least. Anyhow, they still have the truck, and they are still
getting the calls. I am just wondering if this is some form of harassment.
They readily admit that they can't pay the monthly payment (again, they send
at least half the payment every month, so they are getting something) and
have been honest with them from the start. It seems they'd rather call every
day and get the same answer then get their property back. Is this
1 Answer from Attorneys
Re: Creditor Calling Too Much?
I don't know if that is harrassment; it depends on what is said during the conversations to some extent. Of course, the finance company would rather have payments than the vehicle. However, to end the daily collection efforts of the finance company, your parents should try to make definite arrangements for surrender of the vehicle next time they call (date, time, and location). If this does not work, try making arrangements with the dealership where the truck was purchased. I know of instances where surrendered vehicles have been left at the dealership after hours with the keys put in the after-hours box. Even if they do nothing, once payments are 2-3 months late, more than likely your parents will wake up one morning to find that the vehicle was repossessed.
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