Legal Question in Credit and Debt Law in Virginia

Re: What qualifies as harrassment?

It is very hard to show a violation of the Fair Debt Collection Practices Act along these lines, but what you describe is a TEXTBOOK CASE of a collection agency violating the FDCPA.

Assuming that you can prove that this happened (maybe co-workers who witnessed it, the receptionist, etc.), it sounds to me (from what little you have said) that you have an open-and-shut case against the collection agency for an FDCPA violation. You can sue them for monetary damages. Although it is rare, I know that people have won such lawsuits against collection agencies, and end up getting as much or more from the collection agency than the owe the creditor.

Also, you will need to be able to identify the name of the collection agency and where it is, and ideally the name of the caller.

I would suggest, practically, that you approach your boss and apologize for the disruption by this caller, and say that it was totally inappropriate, and because it was wrong against the company you intend to sue the SOB under the FDCPA for calling you at work, to stop such disruptions. Obviously this emphasizes that you had no control over this, and tried to stop it.

One reason I would say this is not just to smooth things over with the boss, but because eventually (maybe in 6 months) you might need co-workers and/or the receptionist to testify. If the boss is mad at the SOB (that is, he feels you are both on the same side of the table with the collection agency as the bad guy) he may be very cooperative in facilitating this later on.

ALSO, many creditors think that they can serve you at your place of business. Generally, speaking, this DOES NOT WORK. I have worked as a debt collection attorney, for many years, and one of our clients kept sending us place of employment as the lawsuit address. I kept trying to tell them that that won't work.

At your home, the creditor can "post" the lawsuit on your door. However, that does not work in your office. They would have to put the lawsuit physically in your hand. So if you hide in the bathroom or are out at lunch, they lose. If they leave the lawsuit on your desk, that FAILS. It doesn't work. If they leave it with the receptionist, that doesn't work. Because they should be taught not to do this, I would suggest making sure you do not take the lawsuit from them. Again, you should have a talk with the receptionist explaining that it is IMPROPER for someone to come to your place of business, even a Sheriff's deputy, and therefore they should be sent away, and contact you AT HOME, not at work. If a sheriff's deputy comes to the office, the receptionist should be prepared to ask what it is about, and say a lawsuit inappropriate at the office and you will not accept it at the office.

BETTER YET... the receptionist should simply say "I will take it for him." That will FAIL as proper service for the lawsuit, and they will not be able to successfully sue you.

Obviously, they cannot arrest you for a debt.