Legal Question in Credit and Debt Law in Michigan
bill collectors
my car payment is 2 weeks late and the company calls me 8 to 10 times a day doesn't leave a message or once sat and hummed on my voice mail
i have told them that i will pay asap and not to call me at work but they do and they have even called my reference from when i got the loan 4 yrs ago and one of my friends i didn't use as a reference is this legal they start calling at 8 am thru 9 pm isn't this stalking or harrassment
2 Answers from Attorneys
Re: bill collectors
This could very well be deemed harrassing conduct by the creditor under the Michigan Fair Debt Collection Act, but not the FDCPA because the original creditor is not a debt collector. You should take a photo of your caller ID to document the number of times they call. Humming is clearly harrassing if it was intentional. Calling references could be a violation; however, they are permitted to call friends, relatives and references in an attempt to locate you if you have not responded to calls in a reasonable time.
If you would like to pursue this or would like additional information, call me at 248.679.1552.
Rochelle Guznack
Re: bill collectors
You should send a letter so you have something in writing - requesting them to stop harassing you and outline the above examples of the harassment. Keep a log of the dates, times, etc., and try to get the names of people that call. However, unless you are in bankruptcy, they are entitled to call you at least once a day while your payment is late/not received.
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