Have Legal Questions? Ask a Lawyer Now.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you.
In the United States, the Fair Debt Collection Practices Act (FDCPA) outlines what debt collectors can and cannot do to collect a debt.
Call your lenders customer service department. In some cases they can assist. I also have had some good results calling the senior executives and explaining the situation. In many cases they will have an assistant look into the problem. Get the number from customer service.
Legally, In order to stop the harassing calls write the creditor a letter telling them to stop calling you. The letter can state they are in violation of State and Federal law and continued calling/harassment will lead to a civil suit. Your communication must be in writing, and if possible get a proof (certificate) of mailing to show that you contacted them. Once the creditors receive the letter, they cannot continue to call you unless they can prove that you owe them money. Verbal requests to stop calling can be ignored a written request cannot. Make sure you keep a copy of all correspondence.
If calls continue get the name of the caller. Keep a log of all calls. Under the FDCPA you may be entitled to monetary damages and your attorney's fees if the collector is found to be in violation. It would be worth you while to contact a local consumer law attorney.
Please accept this answer with a rating of 3 or higher so I can credit for my work. If you have further questions please ask. Even though a deposit was made you must rate me at 3 or better so I can get compensated.
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).