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For a business loan with a personal guarantee can we request cease all contact exept in writing from a collection agency.

Englishtown, NJ |

We have a very aggresive collection agent that keeps threatening us because our loan is backed by goverment. The collection agent calls our work place and speaks nasty to other employees who have no knowledge of this loan asking for us and then she screams that it is really us on the phone and we are denying it. We send her a letter to cease all contact by phone and only do it in writing. She keeps sending us e-mail and she also said that this letter does not pertain to her, she can still call because it is a business loan and not personal. Is it true than in this case she can still call us by phone, or she can only contact us by mail. We are willing to make payment arrangements but it is immposible to talk to her.

Attorney Answers 2


The Fair Debt Collection Practices Act only deals with consumer debt. I think that your business loan would not qualify for protection under that act, even though it is personally guaranteed.

However, you have some other options: (1) refinance the debt, if you have credit available; (2) try to contact the original lender to discuss payment options; or (3) file bankruptcy. The third option no longer carries the negatives it once did and it would cease all collection activity immediately. You'd have to file bankruptcies for both the business and you personally, but it might be the fresh start you need and get the nasty collection agents off your back.

You should speak with an attorney to discuss your options (and if there are more I missed here, which could include suing the agency for common law harassment).

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Have an attorney send them a letter stating all communications should be in writing with the attorney and they will cease and desist or they will be violating the FDCPA.

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