Legal Question in Credit and Debt Law in Indiana
Collection Agency Harassment
If a credit card company turned my account over to collection agency about 2 years ago and I'm just now hearing from them do I still have to pay them? Also the first time the collection agency contacted me, they called at 9:40pm and when I asked them for somthing in writting they instantly became very rude. They told me that I had to make payment arrangements right then. I said that I needed something in the mail before I would make arrangements to pay anything because they called me and I had no idea who they were. They said that if I paid my bills like I was supposed to then I would not have to worry about getting calls from them. The supervisor then got on the phone and she was just as rude. She told me that I had to make payment arrangements before I could get off the phone with her. I got mad and said I will not make any kind of payment arrangements over the phone. She said yes you will. So I just hung up. A few days after that my wife got a call from them, I was not home, they got rude with her because I was not home. What can I do about this because I would really like to not pay these rude people. Is there anything that I can do? Thank You for your time.
2 Answers from Attorneys
Re: Collection Agency Harassment
First, the bad news: rudeness is not necessarily harrassment and two years is not a bar to collections. The good news: you are correct that you should get a notice in writing and I do find your description of the telephone calls to be a problem. I am actually bothered more by the time of the call. The federal Fair Debt Collection Practices Act provides protection against harassment, regulates the time of telephone calls, and other things. That statute provides for statutory damages and attorney fees.
Re: Collection Agency Harassment
Tell these rude barbarians to stop calling you, and inform them that they owe you a thousand dollars for each and every violation of the Fair Debt Collection Practices Act, which you will assert as a counterclaim if they ever file a lawsuit against you. You are entitled to a written explanation of the debt, and their every failure to provide a written explanation is a violation of the FDCPA. Do all you can to gather evidence of their calling, including asking the phone company for assistance. If you owed the money to the credit card company, then you are not excused from paying it; but you are within your rights to have a written explanation. Good luck.
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