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Im 16 days late with my payment, I recive 4 calls a day and…

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I'm 16 days late with...
I'm 16 days late with my payment, I recive 4 calls a day and 2 visits from a person starting 2/14. Can they do this?
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 6 minutes by:
2/16/2012
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 6 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

My name is Lucy and I'd be happy to answer your questions today.

Under the Federal Fair Debt Collection Practices Act, Section 806, a creditor "may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt." That includes repeated telephone calls or calling at times that they should know are inconvenient. Section 805 presumes that it is inconvenient to call someone before 8 am or after 9 pm. It's possible that showing up twice a day could also be considered harassment.

Section 805 also states that, as a consumer, you have the right to notify them, via certified mail, insisting that they cease contacting you in connection with the debt. After they sign for the letter, they can only sue you on the debt or contact you to tell you that they're not going to collect.

Violation of the FDCPA carries a civil penalty of up to $1,000, so you may want to make a log of each time they contact you and what they say, to help you in case you wind up in court over their behavior.

Good luck.
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Customer reply replied 6 years ago
what do I do?
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 6 years ago
Send them a letter, citing Section 805, and telling them to stop contacting you. You can even cite the statute, which I linked in the initial post.
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