Legal Question in Credit and Debt Law in California
collections-protecting family members
What rights do I have when I receive phone calls regarding late accounts? My car payment is late and the company called leaving a threatening message, in a harsh tone, with my daughter. It frightened her very much. They new it wasn't me and I always return their calls. When I asked about noting my acount so that wouldn't happen again, the rep. hung up on my without answering.
Do they have a right to do that kind of harassment to someone other than the debtor,i.e. children under 18?
1 Answer from Attorneys
Re: collections-protecting family members
Thanks for your inquiry. You do have rights under the Federal Debt Collection Act to specify where and when your creditors may contact you, or to specify that they may only contact you in writing, not via phone, or not contact you at all.
All of this, however, must be done in writing, as a matter of proof and under the requirements of the law. I might suggest that you send a letter registered mail, return receipt requested, instructing them that they are not to contact you at home at all, only at work during regular hours, or at a number, place or times you designate. Best of luck.
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