Legal Question in Credit and Debt Law in California
Debt Collection and Harassment
Is it legal for a debt collector to contact your place of business every day? Is it within legal boundaries for them to insist on speaking to you on the grounds that it is an emergency?
The debt collector claims that they do not fall under Civil Code Section 1788.10 - 1788.16 as they are a ''financial corporation.'' What, if anything does this mean? They also claim that they can come to my place of work (an elementry school)to make contact with me and threaten to contact the superintendent of the school district. I have called and asked for the case to be re-assigned to another person, with no result. I have asked for an address (so I can send a letter) and not even the supervisor will give it to me. I also get phone calls at home with hang-ups about 14 times a day. Do I have a case here?
4 Answers from Attorneys
Re: Debt Collection and Harassment
Debt collectors are governed by both federal and state laws. The Fair Debt Collections Act (a federal law) prohibits a wide range of conduct, and may prohibit the type of conduct you describe. Because federal laws apply, you can report this debt collector to the Federal Trade Commission, who has the power to take action against the company. You can get more information at the FTC's website at www.ftc.gov.
Generally debt collectors must provide you with their name, and an address where they can be reached. Further, if the company who claims you owe them money is actually acting as their own "debt collector," some laws may not apply to them.
In any event you should report this company to the FTC.
Re: Debt Collection and Harassment
My review of the civil code does not show any exceptions for "financial corporations". Who is the company? You could be entitled to not only file a complaint, but to collect damages for harrassment. Call me, if you wish, at 925-924-0100
Re: Debt Collection and Harassment
You cannot be harrassed at work as you have been and may have a lawsuit against the collection agency. Plese fax me at 714 363-0229 any documenation you have received and I will call you and provide you with free consultation.
Re: Debt Collection and Harassment
You may have a cause of action for negligent infliction of emotional distress as well as violation of the Fair Debt Collections Act.
Call me directly at (619) 222-3504, you may be able to get a preliminary injunction to get it to stop, general and punitive damages.
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