Legal Question in Credit and Debt Law in Georgia

Foul Mouth Collector Help

our minor daughter was approched by a modeling agency out of florida we live in georgia..we were told they had moral issuses that were enforce total of contract was 1995.00 we paid 265.00 and made three payments of 121.74 each. during this time our daughter had some problems and when i spoke to the agency they said she could not represent their company and it would be best for her to leave the program, there would be no refund and the contract would be voided. unfortuanally they never sent us a copy of the contract being cancelled. a year later they turn over to a collection company who claims the their was a loan with a national education company and we owed 1730.00 dollars..when i requested a copy of the contract from the modeling co. they took my name and number and this horrible man called back and used language that provoked me on my job into his nasty word game. we have offered to pay 500.00 more plus they have the 630.00 we already paid but this man has called me on my job 4 times after he was ask to stop..then he used threaten tatics against myself. he is from missouri... can you guide me in this problem.


Asked on 1/08/03, 7:47 pm

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Foul Mouth Collector Help

Yes.

If the debt is being collected by a person who regularly collects debts owed to others and not by the entity that the debt is actually owed to (in other words, the person who is making the calls to you is NOT an employee of the company to whom you allegedly owe the debt), than the debt collector�s activities are covered by the Federal Fair Debt Collect Act (the, �Act�).

The Act makes some debt collector behavior illegal, including the abusive behavior you have described. There are a lot of other protections under the Act.

If there has been a violation of the Act, you have the right to sue a collector in a state or federal court within one year from the date from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney�s fees also can be recovered.

Even if it is the debtor itself that is making the abusive phone calls, you might still have an action against it under Georgia law. Such behavior must be extreme to be actionable, so you need to consult an attorney.

p.s. Who signed the various contracts? You or your minor daughter?

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 1/09/03, 9:19 am


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