Legal Question in Consumer Law in California

Collection Agency Harrassment

My daughter wrote a check that bounced. She was in the process of going into the military and had closed her account not knowing that there was a check still outstanding. While she was away her mail was coming to my home. I did not open her mail. One day there came a registered letter for her, so I went to the post office and signed for it and opened it. It was from a collection agency demanding payment for the check plus their fees. She came home on leave a week later and paid the money owed. Then came another letter from the collection agency for $2.98. She paid that as well. Then they sent the $2.98 back stating that she owed another $100. At that point I called them. They asked if I had power of attorney for her, which I said I did (I did not but she knew that I called them). He was extremely rude and threatening stating that he was going to ruin her credit and go up her chain of command and have charges brought against her. He has since called me and harrassed me and called my neighbors looking for information on me and my daughter. Is this legal? I don't feel that he has any right to call my neighbors and involve them, nor does he have the right to harrass me. What can I do?


Asked on 4/06/07, 11:42 am

3 Answers from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Collection Agency Harrassment

The FDCPA seeks to protect consumers against this type of activity. Violations can result in an award of up to $1,000 per violation. I would seek the counsel of an experienced consumer debt attorney asap. Our office provides free initial consultations for this type of case.

-Bryan Becker

877*201*8728

[email protected]

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Answered on 4/10/07, 9:14 pm
Daniel Harrison Berger Harrison, APC

Re: Collection Agency Harrassment

No, it's not legal. The California and Federal Fair Debt Collection Practices Acts forbid collection agencies from using harrassing behavior, and prohibit them from calling neighbors and making threats.

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Answered on 4/06/07, 12:55 pm
Alden Knisbacher knisbacher law offices

Re: Collection Agency Harrassment

You and your daughter should file suit for violation of state collection law, for invasion of privacy and for harassment. Contact me at my private email if you wish. Good luck.

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Answered on 4/06/07, 1:19 pm


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