Legal Question in Credit and Debt Law in California

I live in California. I have POA for my mother who suffered a stroke Oct. 5, 2009. I am constantly receiving phone calls from a large bank with which my mother has a credit card. The credit card insurance is in effect and making the current payments. The bank is calling with regard to the amount she is in arrears that were due to the time it took me to get POA and gain access to her checking account, which is about two months. I noticed in the State of California, Fair Debt Collection Practices Statutes that California defines "debt collector" different than the federal government, in that, in California a "debt collector" can be an original creditor, not just a collection agency. I have spoken to the Bank many, many times and explained the situation to them, and they know her sole income is Social Security which, like everyone else, she receives once a month. I've been making payments toward the amount in arrears each month, yet this bank keeps calling, and calling. Since they are aware of her situation, I can see no other purpose of them continuing to call, other than to harass. Is there any legal way to stop them from harassing me?


Asked on 4/29/10, 12:09 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Stop "speaking" to the bank. Use certified mail return receipt requested for all interactions. If you must take a call, keep a running diary of the date, time, and the name of the person you spoke to.

Read more
Answered on 5/04/10, 12:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California