Legal Question in Civil Litigation in Louisiana

Can a loan company sue me for garnishment of my wages if I have been making great efforts to pay and catch up? I just recently made a payment in Nov 2009 for Sept & Oct. I called in Dec. 2009, to let him know that I wouldn't be able to make a payment in Dec., but will make it in Jan. 2010, the following month. He was irate and screamed at me. He constantly harrassed me on my job, at my house and I sent a letter for him to stop. What are my rights?


Asked on 1/25/10, 8:15 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

If you are not allowed to get phone calls at work and a creditor continues to call you at work after you tell them to stop, they have violated the Fair Debt Collections Act, which is a federal Act that outlaws abusive behavior by debt collectors. You can sue for violations of that Act and get damages and attorney's fees.

You still owe the money, though, and they don't have to wait to sue just because you have been making payments. They have the right to sue to protect their interests, just as you do.

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Answered on 2/01/10, 8:30 am


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