Legal Question in Credit and Debt Law in Virginia
A friend of mine loaned me money a few years ago. I asked him if he wanted a written agreement, but he said it was okay and not to worry about it. I have been paying him a certain amount of money every month, but recently I have had 4 major surgeries and have missed four payments (not consecutively, just payments around the time that I had each surgery and was disabled from work). Two of the surgeries were recently, and I made sure to let him know ahead of time that my disability payments were not going to start right away and were going to be contingent on the doctor filling out paperwork at the designated time(s) to prove that I had a continuing disability. When I have received money for my disability, I have given it to him. But lately he has been harassing me by voicemail and text message (I had to have my text messages blocked because the harassment was so bad). He has texted me to tell me how much of a bad person I am and he regrets ever helping me and that I better pay him his money or else. Recently I told him that new paperwork had to be filled out by the doctor and that I would get paid as soon as the insurance company received the paperwork, which was early September. I am paid by check via the mail, so the turnaround is 7-10 days. Well 3 days later he was harassing me about where the payment was since I had gotten paid on the prior Friday (I had not received the check in the mail yet). I am not purposefully trying to not pay him--I am willing to keep paying on the debt. He has even gone as far as to call my mother at her place of work to harass her, but she is unwilling to speak to him because he has done a great deal of dishonest things to her in the past. When I do speak to him, it is as if I never spoke to him before; he conveniently forgets that I am out on disability right now and am not getting paid my full salary. Is it legal for him to continue harassing me and calling me names via telephone and text message when I am paying him when I am able to?
1 Answer from Attorneys
Send him written notice (certified mail-return receipt requested if you like) that
he must immediately cease and desist from these harassing activities or you
will have no alternative but to report him to your local phone service provider
to investigate the matter with a follow up referral to local law enforcement
authorities for further action as may be appropriate.