Legal Question in Credit and Debt Law in New Jersey
Harrassment
I have had a major financial and medical problem occur for the first time in my life...I am almost completely broke.This one particular law office employee for the credit card co I am behind on keeps calling and yelling nasty things at me..Called me a ''Deadbeat'' and to
stop ''Playing Games, or else!'' Screaming at me...I am ready to h ave a nervous breakdown and am sincerly considering Bankruptcy. How can I stop this Harrassment? I told her if I had money I could pay what I owe, but, AT THIS VERY TIME, I don't. I am working on getting straightened out as long as I don't get sick again with these calls.
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2 Answers from Attorneys
Re: Harrassment
The debt collectors are governed by a Federal Law called the Fair Debt Collection Practices Act. It sounds from your post that the collector has violated the law. You should consult an attorney regarding your rights. You can find additional info at http://www.fair-debt-collection.com/.
Re: Harrassment
I would get an answering machine that has a recording feature so you can record your call from the offendig party. After you have the inappropriate behavior on tape, get the name of the caller, where they work, ask for their supervisor, and if necessary, their supervisor's supervisor. Explain that you know you owe money, you intend to repay, you are in an unusual situation, and you KNOW they hear stories all the time, but it's true. Tell them you know it is unpleasant trying to collect money, but that is NO excuse for the behavior of their employee. Tell them when you can send them something, and how much. Don't promise too much, or you will be in worse shape than you are now in their eyes. Document your conversation and your understanding in writing, certifiedmail. Threaten to report them under the Fair Debt Practices Collection Act if they do not stop the abusive behavior.
You may want to get an atty, and tell the collector(s) you are represented, then they can not call you again, which I know is upsetting. You can always tell them to stop calling, but without an atty to refer them to, their only recourse is to file suit.
Good luck.
Kevin J. Begley