Are collectiobn agencies allowed to call on weekends?

Question

I live in canada, and this one agencie keeps calling on the weekends, are they allowed too? what should i say? can i tell them I dont plan on paying so leave me alone? can the file a judgement against me? and would I find out if there is a judgement against me? Thanks

Answer 1

United States Law, Fair Debt Collection Practices Act:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

Debt collection in Canada is governed by the provinces and territories. All the provinces and territories have similar laws, which attempt to strike a balance between giving creditors an opportunity to collect the money that is owed to them and preserving the debtors' rights not to be unduly harassed and to be treated with dignity. Collection efforts can be persistent but collectors cannot phone at unreasonable hours or jeopardize the debtor's job by interrupting him or her at work.

According to Wikipedia, the regulations in Canada typically limit the agency to three contacts with the debtor per 7 day period.


Unreasonable Collection Practices

The following are some of the unreasonable collection practices outlined in the BC Business Practices and Consumer Protection Act:

Debt collectors are not allowed to:

* Make a charge or threat that has nothing to do with the collection of the debt;
* Make abusive calls in which they lose their temper and use profanity or other verbal abuse;
* Talk to your employer without your permission, unless it's to confirm your employment;
* Talk to you, your family or your employer in a way that will humiliate or distress anyone.
* Make frequent calls that constitute harassment. Unless you provide the reason, a collector should NEVER call you more than once a day. Reasonable collection practices should not require that the collector call you more than once a week or every second week in order to determine if your financial situation has changed;
* Give you a document that is made to look like an official court document when it isn't.

Reporting Complaints about a Collection Agency

Consumers who wish to complain about a collection agency may contact their provincial or territorial office of consumer affairs.

British Columbia
Director of Debt Collection at 1-250-356-6035 or by fax at 1-250-953-3533.
Director of Debt Collection
PO Box 9297, Station Prov. Govt
(Wharf and Fort)
Victoria BC, V8W 9J8

Alberta
Alberta Government Services
Consumer Services Branch
13th Floor, Commerce Place
10155&-102 Street
Edmonton AB T5J 4L4
Tel: [phone]
Toll Free (in Alberta): 1-877-427-4088
Fax: [phone]
Web site: http://www3.gov.ab.ca/gs/information/consumer/

Saskatchewan
Consumer Protection Branch
Department of Justice
1871 Smith Street
Regina SK S4P 3V7
Tel: [phone]
Toll Free (in Saskatchewan): 1-888-374-4636
Fax: [phone]
Web site: http://www.saskjustice.gov.sk.ca/cpb/default.shtml

Manitoba
Consumers Bureau
Manitoba Finance
302-258 Portage Avenue
Winnipeg MB R3C 0B6
Tel: [phone]
Toll Free: 1-800-782-0067 (in Manitoba)
Fax: [phone]
E-mail: [e-mail]

Ontario
Government Services
Consumer Services Bureau
33nd Floor, 250 Yonge Street
Toronto ON M5B 2N5
Tel: [phone]
Toll Free: 1-800-889-9768
Web site:http://www.cbs.gov.on.ca/mcbs/english/welcome.htm

Quebec
Office de la protection du consommateur
Room 450, 400 Jean-Lesage Boulevard
Quebec QC G1K 8W4
Tel: [phone]
Fax: [phone]
Web site: http://www.opc.gouv.qc.ca

New Brunswick
Justice Services Division
Office of the Rentalsman and Consumer Affairs Branch
Centennial Building
PO Box 6000
Fredericton NB E3B 5H1
Tel: [phone]
Fax: [phone]
Web site: http://www.gnb.ca/0062/index-e.asp

Prince Edward Island
Consumer, Corporate and Insurance Division
Fourth Floor, Shaw Building
95 Rochford Street
PO Box 2000
Charlottetown PEI C1A 7N8
Tel: [phone]
Fax: [phone]

Nova Scotia
Mail Room, 8 South
Maritime Centre
1505 Barrington Street
Halifax, NS
B3J 3K5
Tel: [phone]
Toll Free: 1-800-670-4357 (in Nova Scotia)
Fax: [phone]
Web site: http://www.gov.ns.ca/snsmr/

Newfoundland and Labrador
Consumer and Commercial Affairs Branch
Department of Government Services and Lands
2nd Floor, Confederation Building West Block
PO Box 8700
St. John's NF A1B 4J6
Tel: [phone]
Fax: [phone]
Web site: http://www.gov.nf.ca/

Yukon
Department of Community Services
PO Box 2703
Whitehorse YK Y1A 2C6
Tel: [phone]
Toll Free: 1-800-661-0408
Fax: [phone]
Web site: http://www.gov.yk.ca/depts/community/

Northwest Territories
P.O. Box 1320
Yellowknife NWT X1A 2L9
Tel: [phone]
Fax: [phone]
Web site: http://www.maca.gov.nt.ca

Nunavut
Community Government and Transportation
Box 1000, Station 204
Igaluit, NU X0A 0H0
Tel: [phone]
Fax: [phone]

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Contact your local courthouse to see if any judgments have been filed against you.

Answer 2

Yes they can call on weekends, and in the evening, and all day.....you can tell them you don't plan on paying them, you can tell them whatever you want.... they are just doing their job trying to get the monies owed to the companies they represent.There will be a judgement filed against you and yes you will be notified of how they will get their money back from you.

Answer 3

i live in the u.s. and i have collection angencies that call me as early as 8.am on sunday.but they have the wrong number.i've only had this no. for a month.i told them it was a wrong no. and they got really nasty.if you have caller id don't bother to answer.

Answer 4

In the US they can. They can between 8am and 9pm monday thru sat, We were closed on sunday, so I'm not sure