Legal Question in Credit and Debt Law in Florida
Is this harassment?
I pay monthly car payments, if I am anywhere from 20-40 days late, the finance company will call me from 6 to 12 times at my office, my home, my familys' home, and friends' home. When they make these calls they give them information of the status of my account and threaten to send a tow truck out right away. I asked them this last time what right do they have to give out this information and the reply was 'I wanted to speak with you and you don't want your car towed do you?' Is this undue harassment?
2 Answers from Attorneys
Re: Is this harassment?
You may have rights in this situation under the Fair Debt Collections Act. If a debt collector or his agent illegally harasses a consumer they are subject to an award of actual damages and attorneys fees. Nolo.com is a good resorce which sets out your basic rights under the act. The Federal Trade Commission (FTC) is also a resource to check. There may be a state or local agency where you live which deals with this kind of consumer complaint. You should keep a log of the calls.
Re: Is this harassment?
Your late payments may give the creditor the right to repossess the car and to sue. However,it does not give it the right to violate federal and state laws that govern collection practices. I suggest you keep a detailed log of all communications from the collector and agency and see a competent creditors' rights atty in your locale to review the claims you have and how best to assert them.
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.
