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Questions about Financial Harassment Laws

Is using a person’s phone number and address to obtain credit financial harassment?

In most cases, if a person uses your phone number and address to obtain credit, it would not be considered financial harassment; it could actually be considered as fraud against the company. However, if your phone number and address was used and after you inform the credit company not to call you, if they continue to do so repeatedly, it could be considered financial harassment. There are laws that have been put in place by the FTC and you can actually report the business that keeps calling and harassing you in spite of being asked not to. To know whether your situation qualifies as a case of financial harassment, being your questions to verified Lawyers on JustAnswer.

Can a credit card company be sued for financial harassment if they harass a person for collection?

Sometimes when a bill or outstanding balance is owed, credit card companies take advantage of the fact they are trying to collect a debt and use any recourse they feel is necessary. This can turn ugly for the person that is being collected — verbal abuse by way of threatening calls can feel like harassment. Repeated phone calls tend to be quite irritating as well as embarrassing if they are calling you at work. Harassment of this type can be considered a criminal offense, but is often hard to prove with financial companies or creditors. Explaining your situation to a legal expert and getting answers to your specific questions can provide clarity in most cases. If you have any type of financial harassment questions or need to learn more about credit card laws, just ask Lawyers on JustAnswer.

Can a credit card company harass and force a person into bankruptcy?

In most cases, bankruptcy cannot be forced on anyone. Credit card laws are in place where you have rights and options to safeguard yourself financially. Creditors have to adhere to a limit and usually cannot force someone into bankruptcy. You can usually work out a payment arrangement with your credit card company. The important thing is to make sure you get the agreement in writing, since verbal agreements are harder to prove. To ensure your legal standing, you can seek expert insights from Lawyers on JustAnswer.

Can a creditor continue harassment after being sent a cease and desist letter?

It is very important that when you send a cease and desist letter, it be followed by a specific format that requests the “verification” of the debt. Even so, a debt collector is only allowed to call every third day. Calling more frequently can be considered harassment pursuant to the Fair Debt Collection Practices Act. If you feel that you are being financially harassed by a creditor, make sure to start a diary or log where you make notes of everything that they do and say, along with the date and time. Get and note down the person's name when you get a call. Loan and credit card harassment happens daily, but most harassed customers do not take the time to fight back. In most cases, they may even be ignorant of their legal rights against financial harassment by credit card companies.

Can a loan company harass a person over debt from more than 20 years ago?

Most consumer debts expire after the expiry of a certain time. The time limit on most debts varies from state to state and by the type of debt that is owed. In most cases, the countdown to the time limit starts from the date of last activity. This date is usually the date of the last payment made. Unless you have a court order against you — where a court has ordered you to pay the debt — more than likely you are no longer responsible to pay if more than 20 years have passed since the last payment was made.

In most states even a court order or judgment expires after 10 years unless it is renewed through the court. If this were done by the loan company, you would have been notified. In the absence of such a ruling, there is a fair chance that this can be considered as financial harassment by the loan company. If you are facing this type of financial harassment, you can send the financial company a ‘stop contact certified letter’ asking to be left alone. If you are not sure how to do this, or have other questions, one of the Lawyers on JustAnswer can help answer your loan and financial harassment questions.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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