Legal Question in Credit and Debt Law in Maryland

Re: Harassment

If you tell them to stop, the are required to stop under the Fair Debt Collection Practices Act. The best way to do this is in writing, certified mail.

Debt Collection and Harassment

This depends on who is doing the collecting. If it is

a third party (i.e., someone collecting on behalf of a

debt owned by another) then the Federal Fair Debt Collection

Practices Act applies. Under the FDCPA, there are specific

guidelines that constitute harassment in collection and penalties

may apply. Your notice is all that is required to inform them

that their actions are harrassing you. You have other protection

under the act as well.

However, if it is a party who is collecting a debt owed to them (i.e., first party collection) then

the Federal law does NOT apply. State law applies. In this case, your protections/remedial actions are not

quite as broad as under Federal law and specific facts of your case determine your course of action.

Where a debt is owed and collection activity has ensued, the service of an attorney

can be instrumental especially with asserting your rights and seeking a modification of repayment. Contact me

if the debt is of such an amount that my service would be of benefit.

Where harassment has resulted in public notification, an action in defamation may lie. The statute of limitations for

defamation is very short. Contact me immediately if you suspect you may have such a case.

G. Joseph Holthaus III

(410) 799-9002

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