I AM CURRENTLY WORKING ON MAKING PAYMENTS BACK TO THIS COLLECTOR BUT HE KEEPS CALLING ME AND IT IS STARTING TO CAUSE ME PROBLEMS AT WORK
Pursuant to the Fair Debt Collections Practices act, if you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. Additionally, if you direct the collector to stop contacting you, they must stop calling you. There are specific provisions that they can not harass you at work or anywhere else for that matter. However, keep in mind that if you do owe the money, the debt collector may still bring a law suit for breach of contract. If you think the debt collector has violated your rights, you want to speak to a consumer debt attorney and they may be able to help you. However, at the end of the day, you do need to resolve the debt.
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Personal Injury Lawyer
Your situation deals with section 1692c(a)(3) of the Fair Debt Collection Practices Act (FDCPA). That is, a debt collector may not communicate with you regarding a debt at your place of employment if the debt collector knows or has reason to know that your employer prohibits you from receiving such calls at work.
Have you told the collector to stop calling you at work? If so, and the collector continues to call you at work, then the collector has violated the FDCPA. If a debt collector fails to comply with any provision of the FDCPA, the debt collector is legally responsible to the consumer for statutory damages up to $1,000.00. Additionally, The collection agency pays your attorney’s fees and costs. The FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs.
Which collection agency is harassing you at work?
Information on Avvo should not be construed as legal advice, as each case is different. For information about your specific case, please contact a consumer law attorney, or contact me at www.agrusslawfirm.com
6 lawyers agree
My colleagues are correct in that harassment is actionable, but it's hard to prove, and not practical to hire a lawyer.
I had a college roommate with the same circumstance. He called the original lender and explained the circumstances in detail with a full explanation of the debt collection practices. The lender then had the debt collector cease calling him.
Pursue legal action as a last resort, but act fast to rectify the situation.
2 lawyers agree