Legal Question in Credit and Debt Law in New York

harrassment by attorney

My wife has had an account , which is past due thgat has now been sent to collection and is handled by an attorney. He claims she has not answered his correspondence either by mail or telephone. She has in fact talked to him about making payment arrangements and he has agreed. During the recent snow storm in Buffalo, NY our power and telephone service has benn out during the period of 10/13/06 until 10/19/06 which made it difficult to get in touch with this lawyer. She has been in touch with him since and he got nasty saying she wasn't willing to solve this problem in a timely manner. We are presently hurting for money and are willing to make arrangement s suitable to all. But he has called her a liar on tghe phone over and over again. Can he call her a liar? This , to me , is deformation fo character .He is upsetting her to the point of physical illness. There must be a law against this harrassment.


Asked on 10/22/06, 12:59 pm

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

Re: harrassment by attorney

There's nothing illegal about calling someone a liar in person over the telephone, but if you want the calls to stop, simply tell the attorney that he is not to contact you any further. Period. If he calls again, do not discuss the case with him. Just tell him that you are keeping track of the time and date of each call since you advised him not to contact you. That should stop the calls. You may want to suggest your settlement offer in writing and be sure to advise them to WRITE BACK and NOT TO CALL. Send your letter return receipt and keep the green card. If you are sued, go to the courthouse and ask for help. Do NOT ignore any lawsuit (usually labeled SUMMONS and/or COMPLAINT). Good luck!

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Answered on 10/22/06, 5:15 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: harrassment by attorney

If the attorney is acting as a debt collector he can not harrass her nor call her a liar "over and over again" (abusive).

The law is the Federal Debt Collection Act. You can find all the info on-line.

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Answered on 10/22/06, 9:09 pm


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