Legal Question in Credit and Debt Law in North Dakota

Bad Bill Collectors

We have been having some serious financial difficulties ever since the flood last year. We have been struggling to keep our "heads above water". I know we owe Company X money and have promised to send a payment on a couple of occasions but when pay day came I could not do it. I have been getting calls from a collector at work. I would explain to her that I can't discuss the matter at this time--I am at work and there are several people around. She gets rude and threatening. (if only you could hear the tone of her voice--what a bitch!) I then get very upset and find it hard to continue to work. I do not feel I deserve this type of treatment--delinquint or not. Do they have the right to bother me at work????


Asked on 5/11/98, 3:06 pm

2 Answers from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Put it in writing

The Federal Fair Debt Collection Practices Act provides that you, as debtor, may write to a creditor and instruct them not to call you at work and/or home any more--to correspond with you only in writing. You should consult with a lawyer in your state regarding any changes or modifications to the federal law by your state's own debt law--it may be different. If not, send a certified letter, return receipt requested to the creditor and cite the Fair Debtr Collection Practices Act as the basis for your request that they do not call you any more at work as it jeopardizes your employment. HOWEVER, the creditor can still continue its collection efforts, which may then get more serious. Once they geta letter like this from a debtor, they tend to be less willing to work with you on payment terms. That choice is then yours to make. Once again, pay a small consultation fee to a lawyer in your own location who can advise you of your rights under your state's laws--it will probably be much cheaper than if you guess incorrectly about your legal rights.

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Answered on 6/02/98, 11:22 am

Richard Lemmler is right.

The attorney who wrote you the reply I just readentitled "put it in writing", said already exactlywhat I would have said. Please read every linecarefully and take his advice (including getting advice from a local attorney, one in your state).

My only addition would be that you should interviewfor an attorney to see that you have one with experience and knowledge in this area. Ask, for example,what the Fair Debt Collection Practices Act would say about someone calling you at work and see if he knows the answer (or if he knows that your state has a differentanswer). When you find the right person to advise you,you will probably find you can hire that person for limitedpurposes for short money. (And he'll know you don't havea lot to spend, too.)

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 6/02/98, 12:32 pm


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