Legal Question in Credit and Debt Law in Michigan

Creditor Calling Too Much?

My parents have fallen behind on their truck payments. My mom is on

disability and my dad hasn't been able to find a job. The truck payment takes

up more than half of my mom's disability payment, although she has tried to

send in as much as she can each month, however it's not the full amount.

They have tried to sell the truck privately as well as to a dealership, they have

tried to get refinancing, tried to move payments to the end of the loan, etc.

They have been denied at every turn. The creditor calls them on a daily basis.

For the last three weeks, my parents have told them to come and take the

truck, because they are significantly behind and they're frustrated with the

phone calls. They know they made a mistake, but they are paying something

every month at least. Anyhow, they still have the truck, and they are still

getting the calls. I am just wondering if this is some form of harassment.

They readily admit that they can't pay the monthly payment (again, they send

at least half the payment every month, so they are getting something) and

have been honest with them from the start. It seems they'd rather call every

day and get the same answer then get their property back. Is this

harassment?


Asked on 2/09/06, 10:46 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Creditor Calling Too Much?

I don't know if that is harrassment; it depends on what is said during the conversations to some extent. Of course, the finance company would rather have payments than the vehicle. However, to end the daily collection efforts of the finance company, your parents should try to make definite arrangements for surrender of the vehicle next time they call (date, time, and location). If this does not work, try making arrangements with the dealership where the truck was purchased. I know of instances where surrendered vehicles have been left at the dealership after hours with the keys put in the after-hours box. Even if they do nothing, once payments are 2-3 months late, more than likely your parents will wake up one morning to find that the vehicle was repossessed.

This communication does not establish an attorney-client relationship.

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Answered on 2/10/06, 7:27 am


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