Legal Question in Credit and Debt Law in California

Harrassing Creditors

My sister missed a couple of payment to an auto financing company. She's told me and my family that she has made all the payments they have asked her for, and that she is currently up to date with all the payments. In addition, my sister has shown me proof of this (receipts etc.). However, the auto financing company continues to call my house. We have told them several times that my sister no longer lives at that address (she moved out 5 months ago) yet they call my house 4 to 5 times a day. I had an event that when i answered the phone a man began harrassing me, yelling at me, and demanding ME to pay 50 somthing dollars. When i questioned him about he stated he thought i was my sister. I tried comtacting his employer but they blocked my number so i can no longer contact them from my phone. So whenever they call my house and i ask them who their supervisor/hiring manager is, then they hang up on me. I was actually wondering if I can legally record these phone calls in which they threatned my family, and has this financial company crossed the line by disclosing her financial issues with everyone they can contact that knows her?


Asked on 11/26/08, 3:16 pm

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Harrassing Creditors

These collection agents are repeatedly violating both the state and the federal Fair Debt Collection Practices Acts. I suggest that you get an attorney to send a cease and desist letter to this collection agency and pursue them in court if they don't stop right away.

As for recording these calls, that cannot be done without their prior knowledge, and may be a crime if you do not secure their consent.

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Answered on 11/26/08, 5:28 pm


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