Legal Question in Credit and Debt Law in South Dakota
Collection Agency Phone calls
How many times is to many times for a collection agency to be calling you and what is the latest time of the night they should stop calling. We have one that called every 1/2 hour last night and now tonight it's been every 10 minutes for the last hour. The last call was at 9:50 P.M. isn't this getting a little late to be calling? I thought 9 P.M. was the cut off.
1 Answer from Attorneys
Re: Collection Agency Phone calls
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
YOU MAY HAVE AN ACTION vs. COLLECTION AGENCY under the Fair Debt COllection Practices ACT>
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