What to do if a creditor is harrasing me?
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What to do if a creditor is harrasing me?
I’m a college student. I got sucked into the whole “college students make on average a million dollars more over their working career, than someone that doesn’t go to college”. Sallie Mae refuses to work out decent payment plans with me and is calling me andmy parents night and day, sometimes up to 10 times a day from robo-dialers. Can I take action to prevent them from calling me? I work nights, they call me starting at 8 am and it’s almost every 30 minutes to a hour.
Asked on January 13, 2012 under Bankruptcy Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A creditor doesn't have to work out a decent payment plan--you can be held to the terms, payments, etc. you agreed to in taking out the loan.
2) If it is Sallie Mae itself (including an in-house collections department) that is doing the calling, you may not be able to do anything: while the Fair Debt Collections Practices Act (FDCPA) puts stringent limitations on what a third-party debt collector can do, a company trying to collect on its own debt is pretty much free to call you when and how often it likes, at least during what for most people are normal hours (e.g. 8 am to 8 pm)--they don't have to give you additional consideration because you happen to work nights.
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