My parents are divorced and I live with my dad. After my parents divorced my mom got into a great deal of debt and apparently her creditors no longer have her phone number so they are constantly calling my dad's house asking for her. At first I told them she didn't live here and then tried telling them they have the wrong number but they continue to call. I guess they think I am her and I'm lying to them because the last time I told them they had the wrong number they just laughed and hung up. How can we get them to stop calling? Are they violating any laws by harassing individuals that do not owe them money???
2007-07-30 10:01:12 · 6 answers · asked by karmamama! 1 in Politics & Government ➔ Law & Ethics
It may be their job, but there are laws on the matter. The main federal law in the U.S. is the Fair Debt Collection Practices Act ("FDCPA"). You can find it here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
You can find a summary of it here: http://www.bcsalliance.com/y_fairdebtcollectiona.html
Note what the law provides: the people cannot call at unreasonable hours, or contact you at unreasonable places. Also, they can only contact the debtor herself and her attorney -- they cannot contact other parties (such as an ex husband!). Also, once the collection agency is contact in writing they must stop all contact (other than to say they will not contact you anymore).
This is not legal advice. If you keep getting the calls, call a lawyer to straighten them out.
2007-07-30 10:10:05 · answer #1 · answered by rd211 3 · 3⤊ 0⤋
This Site Might Help You.
RE:
Is it illegal for creditors to harass (call several times a day) the family of the debtor?
My parents are divorced and I live with my dad. After my parents divorced my mom got into a great deal of debt and apparently her creditors no longer have her phone number so they are constantly calling my dad's house asking for her. At first I told them she didn't live here and then...
2015-08-06 05:09:30 · answer #2 · answered by Angil 1 · 0⤊ 0⤋
You got good answers and I wasn't going to respond until I saw "Bones" answer. The consumer protection laws of my state are tough and they are enforced strongly. Why would an attorney take this kind of case? In my state, the collection agencies who violate the law have to pay your attorney fees and TRIPLE damages. Minimum damages are set by law in my state at $500. Continued violations will cost them at least $1500, plus attorney fees and punitive damages after they have been notified to stop if they don't. You do need to give them notice in writing however. Oral notice cannot be proven without a lot of evidence issues arising. The other answers gave you good links. This is not a best answer, but hopefully a little more information.
2007-07-30 11:11:55 · answer #3 · answered by David M 7 · 1⤊ 0⤋
Sue them, they are in violation of the Fair Debt Collection Practices Act. Any neighborhood lawyer (like the guys who do personal injury cases) will jump at a case with good liability where the attorneys fees are added onto the claim.
2007-07-30 10:15:41 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You need to tell them that she does not live there and that they need to stop callin. Tell them that if they call again that you will call the Attorney General's office and turn them in for harassment.
I used to get calls for my Ex Husbands sister like a good year after we were divorced. I always told them that she was no longer a member of my family and I did not know how to reach her. I finally had to tell them that if they did not stop calling I would report them to the Attorney General. They stopped calling.
2007-07-30 10:11:36 · answer #5 · answered by Anonymous · 1⤊ 0⤋
There are laws that govern bill collectors, it's called The Fair Debt Collection Practices Act (FDCPA).
Considering the person they are looking for isn't even there, you are more than covered by the Act.
Try this link for more information
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
2007-07-30 10:09:44 · answer #6 · answered by Michael H 7 · 3⤊ 0⤋
As a former collection agent for a RTO company,I can tell you that the Fed Fair Debt and Collection Act isn't worth the paper it's written on. Sure it exists and is federal law, but I dare ya to find someone who will enforce it.
2007-07-30 10:59:19 · answer #7 · answered by Anonymous · 1⤊ 2⤋
They can call all they want, it's their job. I would ask to speak to their managers, or someone who can clarify the matter. I've dealt with creditors before and if you comply, so will they.
2007-07-30 10:04:17 · answer #8 · answered by Pfo 7 · 0⤊ 6⤋