Legal Question in Credit and Debt Law in California
Repossession of motorcycle
My friend's motorcyle has been repossessed. She purchased the motorcyle via loan through HSBC. She defaulted on payment(s), the motorcycle was repossessed and the HSBC turned the loan over to a collection company, Resurgent Capital Services, LLC. Now, the loan is with another collection agency, Creditors Financial Group, LLC. Creditors Financial Group continuously calls my friend at work, uses profanity, threatens to garnish her wages, and refuses to work out a payment arrangement. She owes $7,800 the collection agency said they would settle for $3,000.00 to be paid the following day. She told Creditors Financial Group that she could pay $2,000.00 the following day and make arrangements to quickly pay off the remaining $1,000.00 of their settlement. Collection yelled at her, told her she was a dead beat debtor because she refused to make any kind of payment. What can she do to stop the menacing calls at work and to avoid a deficency payment of this debt?
2 Answers from Attorneys
Re: Repossession of motorcycle
Repeatedly calling at work and using profanity are unfair debt collection practices for which collection agencies can be sued. Please ask Your Friend to contact me directly. She also must not pay anything before consulting me or another attorney familiar with California repossession law. Also she must never give out her bank account info, no matter what.
Re: Repossession of motorcycle
She should also file a complaint with the Federal Trade Commission at www.ftc.gov/bcp/index.shtml; click on the link at the top of the page entitled "File a Complaint."
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