Legal Question in Credit and Debt Law in Massachusetts

Original Creditor's Rights to Collect a Debt

Is it within the original creditor's rights to contact third parties and misrepresent themselves in an attempt to collect on my debt? I am currently a student in California and have been unable to make payment to a particular credit card company. In addition to calling my home in California on a daily basis, this company has been contacting family members and friends in my home state of Massachusetts who have nothing to do with my account. Furthermore, they have, on at least one occasion, misrepresented themselves to a third party to gain information on my whereabouts. This is not a collection agency making these calls, it is the original creditor.


Asked on 7/23/02, 2:28 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Original Creditor's Rights to Collect a Debt

He has violated the California Fair Debt Collection Act. You may be entitled to general and punitive damages. Please call me directly at (619) 222-3504.

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Answered on 7/24/02, 3:16 pm
Larry Rothman Larry Rothman & Associates

Re: Original Creditor's Rights to Collect a Debt

The Creditor may have violated the California Fair Debt Collection Act. Do you have documentation for your claim. Please fax that to me at 714 363 0229 along with your witnessees. I will provide you with free consultaton and maybe take your case.

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Answered on 7/23/02, 8:22 pm


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