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.
Consumer Protection Attorney
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 ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does not create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.
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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.
Chapter 13 Bankruptcy Attorney
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. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.