Legal Question in Credit and Debt Law in California
I have been receiving phone calls from different collection companies using illegal or close to illegal techniques. I even spent some time on the phone with one, and his supervisor, being yelled at and told I was going to be served at my place of employment, etc. (Yes, I know this is most likely a scam). When I ask for them to send me written information they claim they don't have to and that they will only e-mail it. They sometimes also claim they have already e-mailed it. I usually get frustrated to the point where I either hang up or tell them to "go ahead, send your server to my work, I can't wait to meet them." No one ever shows up.
The problem I am having is that at least one company has contacted some of my family members, including my parents and siblings who live in another state and locally. All are listed in the telephone book with the same last name. They also only ask for the person listed in the telephone directory at the numbers they call. One being my father who I never list as a contact.
When these people contact my family they say "We are filing charges against her for fraud and writing bad checks" or something similar. My parents get very upset over this, as you can imagine. I do not have and have not had a checking account for many years (~10).
Are these collection agencies violating any laws by saying this? Can I sue them if they are? Does it matter if they are calling from another state?
I appreciate any help in this matter. I can also provide additional information if needed.
2 Answers from Attorneys
Aside from violating Federal collection practice law, they are defaming you and possibly are liable for extortion [you can not tell a person that unless they pay you a debt you will go to the police to tell them of some crime committed -- that is what they are indirectly saying]. It does not matter that the calls are to other states as your claim against them would be made based upon your living in California [if that did matter, all collection agencies would make only out of state calls].
You can definitely sue them in Small Claims Court, but judges there do not like to give much money for emotional distress damages. Suing in Superior Court [filing fee of $260/360 as opposed to about $35] is much more expensive and time consuming. You might have problems serving them with the suit. A nasty demand letter from an attorney would be better as to stopping the calls. I normally charge $100 per hour for that type of matter. You might be able to look up the law on the web and write your own letter, although a letter from an attorney has more impact.
[not proof read]
The first question is whether you actually have a debt or if this is a con game. There are con artists out there who prey on people who do not keep good financial records by making nasty phone calls like you describe and frightening people into sending money. If you do, in fact, have bad debts, you need to start by cleaning that up, either through contacting the original creditor and arranging to pay it off, or through bankruptcy if you cannot pay. Bankruptcy where appropriate is a powerful tool against these people, because unlike simple unfair debt collection practices, a willful and malicious violation of the bankruptcy stay will entitle you to attorneys fees and punitive damages pretty much automatically.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
