I am delinguent on three credit cards and my delinquency is less than six months old. I have asked them to stop calling me at work and to remove my work phone number which they said that they did, but they keep calling me. I cannot give them my full attention and I work in the Department of Finance, so I do not want to receive calls at work. They have my cell phone number, address and e-mail and have confirmed the details, but do I have any rights and any options?
Sadly, original creditors have more leeway in bothering you than collection agencies do. The federal law (FDCPA) that says how often you can be called, etc. generally applies only to collectors and not original creditors. That said, you may have some rights under your state unfair business practices/consumer protection laws. You should consult a local consumer protection lawyer in your area to find out what your specific rights are with respect to original creditors.
The answers to these questions may be different depending on your individual circumstance and should not be considered as legal advice or the establishment of an attorney-client relationship.
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Divorce / Separation Lawyer
There are ways to stop the calls (and also to deal with the debts). Feel free to call me with details (404-768-3509)
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If they are collection agencies calling about a debt they are collecting for another company, you can tell them that you are recording the call and that they should no longer contact you at work pursuant to the Fair Debt Collection Practices act. That should stop them but you will need to either record or document the call in order to have a claim against them. If they are collecting their own debt, you don't have much recourse. In the meantime, you should consider your options to get this off of you, including a free consultation with a bankruptcy attorney. Filing bankruptcy is one sure fire way of stopping the calls, as they would then be violating federal law and subject to sanctions from a bankruptcy court for calling you once a bankruptcy case is filed.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP firstname.lastname@example.org 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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