Legal Question in Credit and Debt Law in Wisconsin

Collector Harassment

We have a finance company attempting to collect a debt on a Kirby vacuum cleaner. They continually call and harass me at work, have called family members and neighbors. We have asked them to simply come and take the vacuum but they refuse. What can we do to avoid the harassment?


Asked on 9/20/04, 5:58 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Collector Harassment

If there is nothing in the contract that requires them to retake possession of the vaccuum cleaner, they may seek to collect the debt. You may send them a written notification not to contact you any more. That will stop the unwanted contact. However, you can expect that are likely to sue for the balance of the debt owed.

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Answered on 9/20/04, 6:03 pm
JAY Nixon nixon law offices

Re: Collector Harassment

Your problem is a common one, particularly with the company you mention. Aggressive door to door sales tactics are followed by equally aggressive collection tactics. Fortunately, any secured debt, including this one, is dischargeable in bankruptcy, provided that you surrender the collateral. Failure by the creditor to pick up the collateral (after you make it reasonably available to them) makes it illegal for the creditor to continue to contact you. You can actually make money on any resulting contempt of court action which you may be required to bring against them, should the harassment continue after reasonable attempts to surrender their collateral. Outside of bankruptcy, unfortunately, there is no way to force a creditor to stop collection attempts unless you can prove harassment in court under a rather difficult legal standard. Merely contacting you to discuss payment arrangements within the guidelines of the WI Consumer and and Federal Fair Debt Collection Practices Act does not generally constitute harassment under definitions set forth in the case law. Even if you can get them to pick up their collateral, they would still have a right to contact you regarding payment of the balance owed. For door to door sales, there are special recession rules within 72 hours of the sale, but I am assuming that period is long past for you.

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Answered on 9/21/04, 10:46 am


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