when you feel your being harassed by a bill collector is it illegal to record the call?

Question

I did pay the bill but they credited it to someone elses account and i have had to fax the check that went through the bank twice to this company . I thought I had the situation resolved till they called again to day and said they showed no record of the fax

I have had about 20 call in the past 3 days.....im getting really frustrated

Answer 1

No. You can legeally record all of your own telephone calls, unless contractually forbidden, which would be a rare situation. Go for it. Some bill collectors commit the tort of Intentional Infliction of Mental Distress.

Answer 2

I'm not 100% sure about the US, but in the UK you must inform the other party that the call may be recorded.

f you are being chased by debt collectors, ask them if they are recording the call. Ask them for a contact address and tell them that you will only be dealing with the situation in writing and not to contact you by phone again. Don't engage in conversation with them, do contact the company you owe money to and propose a payment solution - it could be $5 a month. Once you take steps to address your debt, there is little the collection agency can do unless it is a government debt (or Amex!).

Debt agencies work on a principal that you will pay if harrassed enough. Some use a process of a few letters, a few calls and then the debt is written off. Others have 'bought' the debt and, depending on how hungry they are, will pursue you any way they can. The main thing is to not engage in conversation, not be bullied over the phone and ensure that everything is put in writing.

The phone recording won't do you much good unless you catch them being abusive and use that to claim against them.

Answer 3

Call them, and record the call Tell them you've paid the bill and provided proof by fax, and that you've received 20 calls and you consider that harassment - they will say that its not harassment to them because they are trying to collect a bill, but it is harassement to you - tell them that, AND that they are not to call you anymore. If you have an attorney, tell them to call your attorney, not you. Record the call to them with all the above. If the calls continue sue in small claims court (up to about $5,000) for harassment whether they have proof of payment or not. They have broken the tort law of harassment, a new issue besides the bill. If you feel like doing more, then write them a certified letter of Notice Of Intent To Sue for harassment stating all the above actions you have taken. And yes, you can record any call where you are a party and know the call is being recorded. Write down every call they make including date and time; if cell phone use your phone record as evidence. Go get um!

Answer 4

No but you have to let them know you are recording them. They may have a reference number you should get also, the number is a log of who from their company talked to you.

Also, you should write down the time they called and get a copy of the phone records from your phone company. The phone company may charge a small fee, $1.00 for the copy but you will need this if you take the creditor to court for harassment.

This I am kinda unsure of but I told my creditor this and they left me alone.

1) You can not call me after 9:00p.m.
2) You can't call me at work or talk to my boss
3) You can only call me once a month

Sorry I do not have the specifics but make sure your polite because they can take you to court to collect the debt. The creditors are willing to work with you but if you go 4yrs without sending them ANY money then the debt is written off. REMEMBER four years starts from your last payment and NOT when your debt went delinquent.

If you own a home take out a 2nd moratge and consolidate your debt because your record shows for 7yrs that you had a deliquent account.

Answer 5

You can record the call. However, you cannot use this call recording in court. You could, though, show phone records of the amount of calls you recieve from the bill collector. I am pretty sure you can also use messages legally in courts that the bill collectors leave. This should be pretty sufficient amount of evidence to file a lawsuit for harassment.

Answer 6

I assume you still have a copy of the check? Get a copy if you don't already have one. DON'T rely on the bank to do this for you...Get a copy of the check...Call the credit card co. and find out a Name of who to fax it to...Also ask for their address and also get a name of who to MAIL a copy to...at the post office, tell them you want a return receipt, so you know they received it. Whether it is the credit card co calling or a collection agency, next time they call tell them you are recording their call with dates and times and they are to STOP harassing you or you will contact an attorney. But, get on this with the copies and do it yourself to make certain it's done....Good luck

Answer 7

It depends on the state. You can record any phone calls you want. If you are not paying a bill, then a bill collector has every right to call you on a regular basis. If you are paying the bill, and they are still calling you on a regular basis, you may want to check with your state laws and see if recorded phone calls are permitted as "evidence." Recorded phone calls and conversations in court are permitted on a state by state ruling. North Carolina is one of those states that permit recordings.

Answer 8

You have to tell them you're recording the call beforehand. If you don't, I think it's illegal. I don't know though, since some people record phone calls as evidence for a crime, and they obviously can't tell the person they're recording it. Maybe they get special permission from the police or something to do it though.

Answer 9

I think it depends on what state you live in. Some states both parties must be aware of the conversation is being recorded and other states it is not.

I'm not really sure but I remember reading something that it varies state to state on phone recording.

Answer 10

It is not illegal to record any call. You may not be able to use it in a court of law depending on your state. There is nothing they can do about your recording anyone and not using it in court no matter what state you live in. It is best to tell them that you are recording it anyway. It may keep them from calling as much or from harrassing you.

It's also best to talk to a lawer about it. If you call a lawer, he will tell you what you need to know about the law without charging you.

I believe it is illegal for them to call you more than once a day. You may have to request it first though.