collection call laws

[anaerosmithchic]

Are they allowed to call on Sundays? also are they allowed to call 6-7 times a day? I paid but the credit card company is still calling me and they called me on Sunday 6 times. I tried to research but all I got was that they can't call before 8 AM and after 9 PM, they can't make threats of jail, etc.

 

[debt_helper]

They can call on Sunday, but 6-7 times a day is excessive. If you don't want any calls, answer the phone and tell them only to communicate in writing. Record the call (make sure you state the time and date of the call in the recording) and if they call again, get the phone records and sue them for $1,000 for violation of the FDCPA (the maximum penalty). You can also tell them that if they call again you will sue under the FDCPA. If you want to research more, check out the FDCPA (fair debt collection practices act).

 

[jkl8429]

I have recently moved with no forwarding phone number. I moved in with my parents and somehow creditors have located me their. I never made this number known to them. How can this happen and can they call when I am not even listed as that number. We have different last names.

 

[debt_helper]

These collection agencies spend a lot of money hiring people to track you down. It's actually an occupation called skip traceing. If they find you, they can call you until you tell them not to. Make sure you tell them that you know the law, and if they call again you will sue as a vilolation of the FDCPA. That will stop the calls, and if it doesn't, you just made $1000 bucks.

 

[anaerosmithchic]

i have the reject option on my phone so that when the person calls my phone does not ring, but they still can leave a message, so they are rejected. Also are they allowed to call family members and divulge any information to them? If so I know of a few who have violated that. One company (capital one) told my parents that they would have me arrested and I had a payment plan set up before hand too!

 

[debt_helper]

If you never gave them authorization to speak to your parents then they are not allowed to discuss any legal matter with them. They can identify themselves if your parents asked them who they are, but they cannot say they are calling to collect a debt- this is a clear violation of the FDCPA. As for threatening to have you arrested, there is no such thing as debtor's prison, so I don't even know what they are talking about. If they have a judgment against you, there are ways of getting a warrant for your arrest for contempt of court (for failing to provide your personal asset information for example), but discussing this with an unauthorized party is also illegal. You may want to consider filing charges for violation of the FDCPA. In many cases, if you owe less than $1000, the collection company will just drop any action against you if you drop the action against them. As far as you payment plan, did you sign anything that said if you fail to pay judgment will be entered against you? If so, did you miss a payment? If that's the case, they may have gotten a judgment against you, and sent you an information subpoena that you failed to answer... so there could be an order or warrant for your arrest.