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I am being harrassed every day (sometimes several times a day) by a creditor. These daily phone calls have been ongoing for at least two years now. Currently I am 30 days past due on my loan. I have been struggling to pay off this loan (I have had this loan since 2003 and it will be paid off in May 2010) and have been behind on it from a few days to sixty days on and off over the past few years. For the most part I have been able to avoid most phone calls. Because every time I talk to them they try to pressure me into giving them a postdated check over the phone. Anyway today a young lady called and said she "was with my bank" so I took the call thinking it was my bank. Turns out it was the creditor then she states because I have been behind on and off for awhile they have to consider "repossessing my vehicle". So I told her I need to look at my budget and get back to her. Is it legal for her to lie and say she is with my bank? And is it legal for them to call me daily?
Optional Information: State/Country of Question: Nevada Already Tried: Nothing yet.
Hi. The Fair Debt Collection Act covers what types of collection methods may be used by creditors to collect consumer debts. Typically, they are permitted to telephone you twice a day at home and twice a week at work, depending upon the type and nature of the debt they are attempting to collect. You can ask them to stop calling you, but you must put the request in WRITING. Send the letter certified mail, return receipt requested (so you will have proof that you sent it). While stating that she is "with your bank" is deceptive, it is really not illegal -- the collection agencies are required to keep ALL information confidential and when they telephone your workplace, they have to be particularly careful, so those are the types of messages they leave (i had one use this "bank" routine on me also when I was a struggling student years ago). Regarding the request to post date a check: The act of post dating a check is not illegal in and of itself. However, if you have no funds in the account when the check is written and you know that the money is not there to cover that check on the day you are writing it (not the day you are dating it), then that act is illegal (because you are technically passing a bad check to a merchant). The whole post dated check scenario is nonsense anyway, because your bank does not scrutinize every check that passes through its electronic systems, your bank will process it when it is presented for payment -- not on the date written on the check -- and then you get into the situation where the check will bounce, and you WILL have written and passed a bad check. So, if they ask you to do that again, tell them that it would be illegal for you to write a check with not enough funds in the account to cover it on the day it is written (no matter what the check is dated). Attached is a link to the Federal trade Commisions web-site so that you can review the federal rules yourself and you can rely on it for guidance in your future dealings with this and other collection agencies: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm Good Luck with this Situation. PLEASE PRESS ACCEPT AFTER YOU HAVE REVIEWED MY ANSWER SO THAT I WILL RECEIVE CREDIT FOR MY WORK. A JSUT ANSWER BONUS & FEEDBACK ARE ALSO GREATLY APPRECIATED. THANK YOU FOR USING JUST ANSWER.
Aren't the laws different for each state? Once I write them in writing asking them not to call me are they then required by law not to? And if they keep calling are they breaking the law? And can I ask them not to call at me at work and not at home? Once reason why I haven't sent them a written request not to call is because I fear they will retaliate and reposses my vehicle. Is theyre a law that states I have a certain amount of time before they can reposses my vehicle? Thanks
1. Collection laws can vary from state to state, however, all states have adopted the Federal trade Commission regulations, and as a matter of federal law, no state can make a law that is LESS stringent than the federal laws -- although some states can make STRICTER laws on collection agencies than the federal law. In Nevada, the federal trade commision laws are the standard used. 2. Yes, they are required to stop calling you at all. However, that initial writing to them will expire in 90 days, so you must write again when they start calling again. If they violate the do not call letter, they are technically breaking the law and you can report them to the FTC and the Attorney Generals Office Nevada, Consumer Affairs division. If the company is found to have violated the federal collections laws, they can be fined and/or put out of business if they have too many complaints against them. These are not criminal offenses, however. 3. You can ask them to stop telephoning you anywhere and to keep their contacts to the mail. 4. That's the big problem here: repossession. If it were a credit card, I would tell you to write to them to stop all contact. However, your contract probably states that you are in default after the first missed payment. That means that after any grace period on even the first missed payment, they can reposses the vehicle. There are no laws that stop them from repossesing -- that is all covered in your contract. What I usually recommend in auto cases is to send them a letter asking them to stop calling you at work and just let them keep calling you at home. Explain in the letter that if you lose your job due to the calls, then you will be unable to pay them. That way, they can continue to call you on your home telephone and they will not get so ticked off if they are prohibited from calling you at all. IF I HAVE ANSWERED YOUR QUESTIONS, PLEASE PRESS ACCEPT AS IT IS THE ONLY WAY I WILL BE COMPENSATED FOR MY TIME. THANK YOU.
Experience: 13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law