Legal Question in Credit and Debt Law in New York

Collection Agency Harrasment

A collection agency has been continuously sending me letters and calling my home and cell-phone for the last 5 years trying to collect on a debt incurred by a relative. The relative is in poor health and has no assets. The collection agency continues to make menacing calls to me despite the fact that I have no financial responsibility for my relative's past debts - apparently they got my name and number from the phonebook and I foolishly answered their first call saying that I was a relative. I have 2 questions:

1. Can the credit collector continue to legally harrass me just becuase they have no contact information for my relative and they happen to be able to get my name and phone number?

2. Because I currently provide financial assistance to this relative, do I have any liability for prior uncollected debts?

3. Do I have any responsibility to pass on any message from the collection agency to my relative?


Asked on 12/09/03, 2:55 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Collection Agency Harrasment

You should be respected for your excellent work in assisting your relative. Not everyone would be as generous.

Regarding your questions,

1) they have no right to harass you if you request they cease. They can be sued for this.

2)you are only liable for a debt of another person if you make a promise in writing to pay that particular debt. A general promise is not sufficient. Your actions do not come close.

3) you have no duty to pass on such a message. If this would cause anxiety for your relative (and payment is impossible) I would strongly recommend against it.

If I can be of any service to you or your relative in the future, please let me know.

Your relative may need assistence in setting up a 'spendthrift trust' to keep any inheritance from creditors.

Has your relative applied for Social security disability?

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Answered on 12/09/03, 6:08 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collection Agency Harrasment

Mr. Nitzberg's comments are entirely on point. I would add one thing...send the agency a registered letter telling them to STOP calling you. You have to document that you asked them to stop. If they don't you can sue them under a variety of Federal and State statutes. If you wish to learn about them, start with the Federal Fair Debt Collection Practices Act in your browser and see what comes up. Good luck. P.S. Another piece of advise...do not pay anything to them as a settlement, do not even suggest you would be willing to settle the matter for your relative and DO NOT pass along any messages...you are under NO DUTY to do so and they know it. If they persist in calling you after they receive your CEASE AND DESIST letter SUE THEM!

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Answered on 12/09/03, 9:19 pm


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