Legal Question in Credit and Debt Law in California
Credit card harrasement
My boyfriend and his sister continue to receive calls from ugly duckling, his sister tells them he doesn't live there anymore but they continue to call, they have since shown up at his job and are now calling his job after he has told them not too. Is it legal to call him at work after he has told them not to and come by to speak to him? Is it also legal for them to keep contacting his sister after she has told them he doesn't live there anylonger. They have also told him they contacted his Human Resources department to deduct payments from his paychecks but he didn't receive any court papers showing him they won a settlement against him.
2 Answers from Attorneys
Re: Credit card harrasement
No. They are practicing unfair debt collection in violation of the Fair Debt Collection Practices Act. They should get names and addresses of the collectors and send them a certified, return receipt "cease and desist" letter (keeping a copy). If it doesn't stop after that, they should find an attorney to sue that company.
Re: Credit card harrasement
This creditor at issue is acting very questionably at best. Meaning, this creditor must cease and desist all contact with third parties, i.e. employers, family members, neighbors, etc.. if you or when you legally put them on notice to do such in writing. If they fail to do so thereafter, then they subject themselves to civil and/or criminal liability by virtue of the FDCPA laws firmly in place to protect you from this very type of "harassment". If you would like our assistance in drafting such a "cease and desist" letter on your behalf to effectively put an end to their "nonsense", one way or another, contact us directly hereafter.
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