Harrassment by Collection Agency, can I sue for this?

Question

This is in regards to a credit card. I told them I will pay it off in full when I get my income tax return because I lost my job when I was on maternity leave (differnet subject and now grounds for a lawsuit... so don't worry.)
First person to call me asked for me by name. I state it was me she was speaking with. She then asked to verify my address and I told her I was not giving out my address until she told me who she was with and what this was regarding. She said she would not disclose any information until I verified my address and contact information. Then she abruptly hung up in my face. I received another call that night from my husbands office phone which he used to call them and ask who that are with and what this is regarding. They proceeded to call back on my husbands cell phone and home office phone... so this makes three phone calls for this debt the same day with verbal contact all times. They were told by my husband to stop calling his cell and his work phone.

They didn't call for the rest of the night and told my husband his number would be taken off the list. Well they kept calling my cell phone so much I had to change my phone number. They call everyday, almost 20 times a day. I told them I would satisfy the debt in time. Now they are calling his office phone 20 times .... yesterday. They have called me everyday since the 5th ... that I can keep up with. The 5th, someone called for me twice right after I spoke to a lady about 30 minutes. The second person to call was a guy. Two verbal contacts in a day. Then I was contacted the 6th. Proceeded to explain to her to please not call everyday, I know about this and it will be handled. The last person I got started asking questions about my purchases. Got into my personal business. He had no right and should worry about the amount owed, not what was bought. I'm at the point now where we are going to change the office phone number too. I delt with this and kept my word in the past

and the company was paid in full at the intended time I had told them. I kept my word. I told them some people are hardworking and honest and I am dealing with a hardship right now and it is around the holidays. Give me a break please. They are harrassing me for money while I am trying to figure out how to buy presents for my children. Also, the primary creditor on this account would only call my phone twice maybe three times a day ... maybe everyday/every other day.... not 20 times a day everyday .... and multiple times a day after I've had verbal contact with them. I really want an attorney. If you know one who will pick this up in Houston, Texas please email me [e-mail]. I have called my state attorney generals office, the better business b~ for atlanta, GA, and my state attorney generals office for consumer protection told me I really need to file this with the FCC. Their violations so far...

and this is according to the consumer protection law ... not identifying themselves and the company fully, repeated phone calls in a day after verbal contact which is considered harrassment and annoyment, and I plan on sending a certfied "cease and desist" letter. I plan on paying off this debt but I do not need the multiple calls everyday ... even after I talk to them to get this taken care of. This is getting out of hand. I am also a license nurse in the state of texas. So I have grounds and a good credit history other than this .... and have good grounds in the court. I am 23 also and was able to purchase a 40,000 truck at 8% interest ... soo my credit is not that bad. This credit card is my only problem. And I am ready to take this agency on.

SORRY THE MATERNITY ISSUE IS NOT!!!!!! GROUNDS FOR A LAWSUIT. AGAIN, NOT GROUNDS FOR A LAWSUIT.

Answer 1

Not 100% for sure but i think you can only sue under certain circumstances such as you have filed for bankruptcy protection and they are still harrassing you. Also there are laws that say they can't call your place of employment and your home after 9pm. Best to consult with a lawyer. Most offer a free consultation and will tell you your options.

Answer 2

If they are calling you that much, then it could be considered harassment. There are very specific things a creditor can and cannot do to collect a debt. I would make sure to document any calls, the individual making the calls and what was said in the conversation. Send them a certified letter telling them that you don't want them to call you any more and that if they want to contact you they should only do so by mail. If they continue calling you after they receive the letter, you should be able to go after them. Perhaps you could sell your $40,000 truck, buy something less expensive and pay the credit card off. That would stop any harassing calls. Since you are working, perhaps you could work out a monthly payment schedule. If you start making an effort to pay them, they should stop calling. Sometimes you can work out a settlement for a lesser amount and just get rid of the debt.

Answer 3

I don't know about sueing them, probably a waste of time and if you lose, you'll have to pay their attorney fees and court cost. I do know you don't have to stuff of them. Some can be very rude and even abusive. I'm not a lawyer and this isn't advice. How old is the debt? Did you know that every state has a time limit on past debts, except Student loans. www.cardreport.com and click problems. I had an old debt, I mean years and this collection agent started callng with threats. Well, I found out that in my state (CA) last debts can be collected for 4 years and anything beyond that, has "run", which means it's legally uncollectable. I brought this minor detail up to the rude collection agent and they were silent. I also sent them a "cease" letter found on Ben Dover's site that by Federal law, FIRES THEM and makes it illegal for them to contact you in anyway. Only the original debtor can contact you, not the collection agent. It worked and I never heard from them again. That's what I did and again, it's not advice. Ben's site. www.bendover.com. You don't have to take stuff off these scum bags.

Answer 4

Sorry, but the terms of your card permit this.
The only way other than pay off is litigation. A lawyer has to contact them and tell them he is handling your case.
We had an accident and have 48 thousand in med bills and they new we were hit by an 18 wheeler going into the hospital, but they got nasty anyway. It takes a lawyer to stop the billing. You can go to their office and it won't do any good.
PS, they get phone numbers because of the caller id system. When you make a call, there is a way to block your number.

Answer 5

Use AB's advise and then send them a copy along with instructions that they can not contact you more than once every two weeks. Send by certified mail so you have proof. If they continue to act stupid, and they will, then you'll have solid grounds for a suit. In the mean time, send them $1 a month and that will mess up there system.

Answer 6

you do have terms for a law siut. It is agains federal law for a bill collector, or agencey to contact you are your place of employment if you have requested them not to. I would go and see an attorney in your area and start the paperwork. If you cant afford one, you can call the local BAR that all the attourneys belong to and ask about what ones are doing probono at this time
Good luck and have a merry Christmas!

Answer 7

Call the phone company and tell them you are being harassed by these a--holes and nail them good with a lawsuit in the courts..any local courthouse will give you names of a good lawyer for this annoying thing, and they deserve a good bashing too. Let me know how you make out. I love to see jerks getting the shaft.

Answer 8

You really need to read up on the Fair Debt Collection Act.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Make sure you keep a detailed record of each phone call and any contact they attempt to make with you. To me I do believe this is harrassment. To call you 20 times is ridiculous. Also, with them not disclosing their identity, I do believe that is harrasment according to the Act.

Answer 9

send them a cease and desist letter (below) send it certified mail with return receipt requested. If they continue to harras you you have a case.

RE: ACCOUNT #________________________________

DEAR______________________

GREETINGS!

You are hereby notified under provisions of Public Laws 95-109 and 99-361, also know as the Fair Debt Collection Practices Act, that your services are no longer desired.

1)You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and this state’s Attorney General’s office. I will pursue all criminal and civil claims against you and your company.

2)Let this letter also serve as your warning that I may utilize telephone-recording devices in order to document any telephone conversations that we may have in the future.

3)Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek all legal remedies available to me by law.

Since it is my policy to neither recognize nor deal with collection agencies, I intend to settle this account with the original creditor.

Have a nice day.


Sincerely,

Answer 10

Sure, thats grounds for a law suit because you don't feel comfortable in your own house without someone calling you and they're not suppose to ask you for your home address for all you know they're stalkers or darranged killers or something.