What constitutes harassment by a debt collection agency?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes harassment by a debt collection agency?
I have been receiving phone calls from a debt collection agency and just from my phone records they have called me 23 times with the last 15 days. It has been like this for the last 2 months. Its gotten to the point where I have had to download and pay for an app on my phone so I can block the calls and even then they will call from another number. I know I am in debt but I truly think they are stepping over the line. Sometimes I can get up to 9 calls in the course of just 24 hours. If it is infact harassment, how do I press charges or take other legal action?
Asked on March 30, 2011 under Bankruptcy Law, Maryland
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Well unless the debt collector is violating your state's debt collection laws (if any as usually under the consumer protection act of your state) or more importantly, violating the Fair Debt Collections Practices Act, you really have no recourse. If the collector is calling during normal hours and not past a certain time and before a certain time, then there is really not much you can do to stop the calls others than placing the phone on silent. As to your debt itself, and if in fact you do owe it and the statute of limitations has not run on enforcing the underlying debt, you need to consider your options for repayment so that perhaps those phone calls would stop. If you still feel the phone calls are winding up being harassing, contact the agency who would regulate the debt collector or the agency who handles the underlying debt. See if a consumer complaint could stem the tide. Try the Federal Trade Commission, the state attorney general and any other agency who handles your type of loan or debt.
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.