What to do if a collection agency knocked on my door after 10 pm Sunday night?
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What to do if a collection agency knocked on my door after 10 pm Sunday night?
I will keep this somewhat short. My auto loan is in default and there were 2 Sunday nights in a row after 10 pm that there was a collector knocking at my door and shinning a flashlight into my windows. This was so upsetting to my partner, where is actually sent him into a physc ward for 6 days. Seems like this collectors activities triggered him to a point where he lost touch of reality. Do I have any type of suit here?
Asked on August 7, 2012 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that an attorney who has experience in consumer law be consulted over what you have written in that possibly the use of the flashlight shining into one's windows at 10:00 p.m. at night could be deemed a violation of federal and state fair debt collection practices. By doing such, one's legal options will be explored.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am not sure about your partner but you have an action. If this is a third party collector, you need to be aware this is a violation of the Fair Debt Collection Practices Act. Contact the Federal Trade Commission and state attorney general and file a complaint immediately, Then, contact the collector in writing only (if you know the contact information), explain this person arrived at 10PM each night and indicate this is a violation of the Fair Debt Collection Practices Act. Tell them to cease and desist all collection activity and explain you have reported them to the agencies above.
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