Do in-house collectors have the right to show up at my home or continually call my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do in-house collectors have the right to show up at my home or continually call my home?
Can I ask for this to Stop? Not a 3rd party collection agency.
Asked on September 24, 2010 under Bankruptcy Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, the Fair Debt Collections Practices Act (FDCPA) only applies to third-party debt collections, which means that it's fairly extensive list of debtor rights--including the right to tell debt collectors to stop contacting them--doesn't apply to creditors' in-house collections departments. If the debt collector is doing anything that would be actionable if done by any person--threats; continuous harassment; trespassing; defamation; fraud--you would be in a position to take legal action. However, if they are simply professionally--albeit relentless--trying to get you to pay a legal debt, there is probably nothing you can do against them. Note that if you're very much over your head in debt, you may wish to consider bankruptcy as an option, which would discharge most debts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.