Mortgage debt collection dept for my bank keeps calling me at work. How to use Fair Debt Collection Practice to make them stop?

Asked about 1 year ago - Chicago, IL

I'm behind on my mortgage and my bank's collection department keeps calling me at work. I also work for a bank (competitor) so collection calls at my work can actually get me fired. What do I need to do to make it stop? I no longer make enough money to pay my mortgage. If I loose my job, I won't have the money to even buy food.

Attorney answers (4)

  1. Tara Leigh Goodwin

    Contributor Level 16

    2

    Lawyers agree

    Answered . Unfortunately, unless the mortgage company that is calling you got involved with your mortgage after it was in default, they are not covered by the Fair Debt Collection Practices Act. If they are covered, you can request that they stop calling you at work, and if they do not honor that request you have a claim against them for violation of the FDCPA. Illinois law prohibits collectors from calling employers, but does not prohibit them from calling people at work, as long as they don't tell the employer why they are calling. Even if they are not covered, you should still ask them to stop, and nicely explain why, and give them another number and time to reach you. If they continue to be obnoxious, you might want to complain to the Illinois Attorney General. Talk to a consumer law attorney if you have any further questions.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an... more
  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Send a certified letter to them that your employer does not allow phone calls at work. Keep a record of what is going on. Take it to a consumer rights lawyer. Link is below

  3. Marc Gregory Wagman

    Contributor Level 17

    Answered . Agreed that you should send a letter by certified mail that "your employer does not allow phone calls at work". In addition, if it is the original creditor the FDCPA does not apply to your mortgage company. It only applies to "debt collectors".

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Malik W. Ahmad

    Contributor Level 13

    Answered . I disagree with my learned colleagues that the FDCPA does not apply to mortgage companies. When a mortgage is delinquent, it is, invariably handed over to the debt collection department which is governed by the FDCPA rules, and hence it is applied. In this situation, send a certified letter to your mortgage and all the relevant department to contact you via US mail only and also to let them know that this number (highlight it) is your employment number and your employer does not like calling at work place.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more

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