Section 1692c(a) of the Fair Debt Collection Practices Act,

Asked 5 months ago - Houston, TX

HOW MUCH DOES A CUNSUMER LAWYER CHARGE OF SERVICE, IF NEEDED; FIRST, I GOT A CALL FROM A SELF CLAIMED PROCESS SERVER, HE CALLED ME ON MY EXNTENSION NUMBER AT WORK. OUR CALLS ARE ALL RECORDED, PLUS HE WANTS ME TO SAAY SOMETHING ABT MY UNPAID LOAN WITH EZ PAYDAY LOAN;I TOLD HIM I CANT TALK BECAUSE IM AT WORK; HE SAID THATS FINE BUT WILL BE SENDING SUMMONS CAUSE THE COMPANY SUED ME AND I HUNG UP. YESTERDAY, I RECEIVED A CALL FROM ANOTHER PAYDAY LOAN COMPANY WHAT I TOLD HER IS THAT I CANT TALK WITH PERSONAL ISSUES CAUSE IM WORKING AND THEN THE LASY SAID SHE WILL RELEASE THE CALL AND HUNG UP. IF FILE COMPLAINT, WHAT IS AT RISK, WHAT COULD BENEFIT ME, CAUSE IM SCARED THEY MIGHT CALL ME AGAIN AND HARRASS ME HER AT WORK, ITS SUCH A SHAME..PLS HELP.. PS,I HAVE NO MONEY TO PAY A LAWYER

Attorney answers (4)

  1. Daniel Lee O'Neil

    Contributor Level 18

    2

    Lawyers agree

    Answered . Debt collection lawyers will usually give you a free initial consultation. FDCPA suits award attorney fees if successful, one of many things you will need to talk about with the lawyer as they decide if they want to take your case or not. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  2. Matthew Scott Berkus

    Contributor Level 20

    3

    Lawyers agree

    Answered . First, it is not a per se violation to call you at work. The code actually says, (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

    You have to tell them that you cannot take calls at work (how you resolve this issue is with a cease and desist letter). Then if they call you back, you may have a violation.

    Here is the other issue, if the 1st caller really was a process server, that call is not covered by FDCPA. A process server is contacting you to serve you papers, not collect a debt. Generally, process servers are not covered by FDCPA. It is quite common for process servers to call and show up at a persons place of employment (assuming state law allows it) to serve papers.

    Doesn't sound like you have a mature case. Lastly, and FDCPA violation doesn't solve the underlying debt.

  3. Lu Ann Trevino

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . There is not enough information to give a useful answer. Most attorneys will give a free consultation to determine whether you have case. If you do, many of them will take the case on contingency meaning you don't pay until a monetary award has been obtained for you.

    This comment is given for educational purposes only. No attorney-client relationship exists between us.
  4. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . you can I get a call back number trace their address and contact information if cannot get the contact information, you need to go to the original company that lend you the money bring that to a consumer lawyer and look to file a lawsuit

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