Harassment by creditors?

Question

This summer has been hard for us financially. We are having a hard time with 2 creditors who call us at least 2 or 3 times a day! They don’t want to wait until pay day. Is it possible to file a claim against them for harassment?
Even my children are becoming worried!
If so, how could I word the charges?

Answer 1

Here's the government website that describes your rights in this instance.

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

From the site...
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.


The best thing to do is to get this debt paid anyway you possibly can to get them off your case.

Answer 2

By law they are allowed to contact you to collect the debt. I think what everyone missed above is the actual debt problem at this point. You need to devise a plan to reduce you debt and pay it off once and for all.

Take a look at your budget and figure out if you could set aside some money monthly in order to offer the creditor a settlement on your account. Most of the time creditors will settle with a consumer that is in distress because they will make money only getting back 50% of what you owe. (Most collection agencies buy debts for about 8% of the total owed. Example would be that if you owed $10k they bought that account for $800. You pay back 5k they luck out.)

If you save money monthly you can begin to negotiate that amount owed down to a reasonable level and settle once and for all. Please make sure that you get your terms from the creditor in writing so that they do not come back for the other half later on in your life. Debt settlement companies do this work for you however you are required to agree to a monthly payment plan and if you are struggling then it may not be best.

Answer 3

Is this the original creditor or a collection agency? When they call, do you take the call and talk to them or just let the answering machine take the call?

Rules are stricter for the collection agency than the original creditor who has a lot more leeway. If you aren't taking the calls, they can call back 6 or 7 times a day. It ain't harrassment. It's an attempt to get you to pay what you owe.

What you should concentrate on is figuring out how to fix your financial problems. Figure out ways to increase income -- second job, yard sale, mow lawns, collect aluminum cans.

And cut your expenses. Make a strict budget. Eliminate all the extras -- cell phone, eating out, new clothes, premium cable and internet, etc. Take every penny you can squeeze out of that budget and put it toward the highest interest rate debt, while making minimum payments on the rest of your debts. When the highest rate debt is paid off, move to the next, till they are all paid.

People who pay their debts on time don't have to deal with collection calls. You can pay your bills on time if you learn to live within your means.

Answer 4

Kevin,

Take some time to read the link posted in the first message, or do a search for the "fair debt collections act". That law details exactly how collection agents must behave while pursuing debts.

You did not mention who the "creditors" are....note that the original creditor is NOT required (in most states) to follow this law. It was designed for collection agents, attorneys, and other 3rd party collectors. If the original creditor is harassing you, there are other avenues you will need to follow, but I would need more details before I could advise you.

If you want to stop collection agents from calling you, the answer is right there in the FDCA. Send them a certified letter demanding that they stop calling you. It's ok for them to send you letters and notices...if you stop those you give the CA no other option but to file a lawsuit.

When you send them the letter to stop calling you, also send a "demand to validate" the debt. You want them to send you contracts, bills, receipts, and everything they used to calculate what they claim you owe.

In many cases, the collection agent just doesn't want to mess with these, so they return them to the creditor, or they get sent to another collection agency.

Answer 5

the one right they are given is to call you at home -- i think the best thing you can do is stop viewing it as harassment and take charge of the situation instead of feeling victimized my bottom feeders. in the 21st century you have a great option -- a cell phone. leave the land line for "business" like credit morons. these people are trained to be creeps. they get a commission on any money they get from you. creepy huh? they aren't working for you they are working to stuff their pocket. use it to your advantage. be polite and curteous and direct. "i don't have money to send -- thank you have a nice day" and hang up.

you don't owe them any explanation and if they were in front of you i guarantee they would be different people. they hide behind a phone. they are creepy. they will call back. they always call back. they sold their humanity for a minimum wage job. i remember getting a call from one hours before hurricane charlie hit "i am getting ready for a hurricane here -- have a nice day" wasn't a good enough answer for the creep. but you have to remember what is going to change their mood is money -- and you don't have that to give. the kids that do this are raised by managers and supervisors to be junkyard dogs. its creepy.

its JUST money and because we live in a really messed up country a lot of people dont understand that. you need to stop worrying if you want your kids to not worry.

ok now i have ranted -- one quick technique to put them on the defensive -- inform them you are taping the call (even if you aren't) -- by law you are allowed to tape phone calls if you inform the person you are taping the call. they will hang up -- even their managers won't talk to you if you request permission to tape the call.

Answer 6

I could say I by no ability heard everybody who come on your place and knock each and all the situations. they have not have been given any rights to try this. call the police to document for harassment. call the lenders to artwork something out which you would be able to no longer take care of to pay for or any reason. they could supply up. I merely desire each thing will artwork out. sturdy success!

Answer 7

IF YOU TOLD THEM YOU DONT HAVE AND MONEY UNTIL PAY DAY, NEXT TIME THEY CALL TELL THEM TO PISS OFF AND YOU WILL NOT GET A DIME OF YOUR MONEY CUZ TELL THEM YOU ARE GOING TO DISAPPEAR, CHANGE # ECT. I think it is terriable they cannot wait until your payday and after telling them that they continue to call.