Does anyone know what the laws are about bill collectors? Can they call constantly and hassle you??

Question

I know I owe them money but they call me and hassle me and then keep calling me back. When I say calling me back they call me over and over within the hour. Like I said I know I owe them money but if I don't have it right now can't they take that for an answer???

Answer 1

The short answer is no they can not hassle you.

Here is information from the Fair Debt Collectors Act
When they call start by getting the name of the person calling you and from which debt collection agency. Then tell them they are breaking the law and quote the fair debt collection act to them. Generally this will stop them

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.

Answer 2

The FDCPA has strict rules against 3rd party bill collectors. Next time they call, do not admit owing them anything, instead ask them to mail you a letter explaining the debt. They have to do so within 5 days. After you receive their letter, fire off a "debt validation letter" by certified mail.
You do not say what kind of debt it is and how old the debt is. Third party debt collectors tend to get aggressive just before the Statute of Limitation (SOL) is about to run out.
If the SOL has tolled, you no longer have a legal obligation to pay.
However, some unscrupulous collectors may still try to collect from you. If they try to take you to court, you must answer the summons. Use SOL as an affirmative defense.

For your State's SOL check the link below,
http://www.cardreport.com/laws/statute-of-limitations.html
Credit Card debts are open accounts.

Answer 3

When they are "calling you back over and over within the same hour", are you actually answering the phone? Or are they just leaving messages? If you are answering the phone and they keep calling back, that's harrassment. But if you are not answering, that's them trying to catch you at home.

How old is the debt? It sounds like one of the "scumbag" collection agencies has bought your debt. They can be very aggressive and figure you have to prove they broke the law.

It's best that you only deal with them in writing anyway. Send them the certified, return receipt, letter telling them to only contact you by mail. If they're calling you, they should have sent you something by mail already.

Answer 4

Yes, you have rights regarding this obnoxious practice.

Section 806(5) of the FDCPA (FAIR DEBT COLLECTION PRACTICES ACT) prohibits contacting the consumer by telephone "repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

Multiple phone calls - "Continuously" means making a series of telephone calls, one right after the other. "Repeatedly" means calling with excessive frequency under the circumstances.

Hopefully, this knowledge will help you persuade the collectors to cease the harassment. Should you require legal assistance in this matter please feel free to e-mail me for referral to an attorney that handles such cases.

Good luck, be tough!

Answer 5

It depends on who is"hassling", want you to live up to the terms of your contract. Is it the original creditor or a collection agency? There are different rules.

Send them a letter RRR asking that they no longer call you but correspond only by mail and they have to abide by that or you can sue them.

Answer 6

This a list of laws they must abide by.

http://fdnsolutions.com/FDCPA.html