Can a payday loan worker come to your work and harass you? Is that legal?

Asked over 4 years ago - Albuquerque, NM

I have a payday loan and am unable to pay the first payment. I have been in contact with them and am trying to make arrangements to make my payment. I am about 2 weeks late and have started to get the harassing phone calls. The "payday loan officer" has stated that she will come to my place of employment to collect. Can she really do this? I'm afraid I will get in trouble if she shows up at my job.

Attorney answers (1)

  1. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . The short answer is not after you tell them no. Creditors are allowed one contact at work per week unless you tell them not to contact you at work. You will need to consult with a consumer protection lawyer locally.

    1. Start keeping a detailed log of all calls and letters and a paper file of all information.


    2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
    The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of the file.
    The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.

    3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing.

    4. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department.

    5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.

    If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.

    6. Get written confirmation of any payment plan the agency will accept before making a payment.

    7. Specify in writing all payments will be applied to principle first.

    I do not practice in your state and you will need to consult with a local lawyer for additional protection under your state law.

    I have pasted a link to the FDPCA to help you with your federal rights;

    http://www.ftc.gov/bcp/edu/pubs/consumer/credit...

    You should read the FDPCA from the link above and become informed about your rights; this will help you and your lawyer.

    I hope this information and generic advice is helpful.

    Good Luck

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