Can I go after a collection agency for harassment?

Question

My husband lost his job last year and did not receive unemployment. Because of this *great* state of Michigan I live in, it took him 3 months to find a job. During this time we did everything we could to protect my credit, our home and our 1 car payment. As a result, many of his credit cards got way behind and are now charging crazy amounts to "settle" or for payment arrangements (one company offered us $2000 a month for 6 months....we only bring home about $2600 a month!) My husband has no choice but to file Chapter 7. ANYWAY, he had a Bank of America credit card that he owed around $1200 on and now they want about $3500 because of fees, over the limit, etc. BoA sold the account to a collection agency and the collector is psychotic. She harasses my husband's 90 y/o grandfather, my in laws and calls our house 20 times a day. When I do speak with her she tells me I'm stupid, worthless, a bad person, a liar, idiot, dead-beat and is flat out mean. She also lies about things. She told me

Answer 1

The FTC has laws about this.  You need to send a certified letter to these people demanding they cease any further contact. One they receive that they are legally obligated to comply and can be severly fined for violating your demand.  However "going after" the CA is probably not realistic unless you had proof they violated the law in their collection activities. CAs hire people who are good at scaring the h**l out of people and are willing to use disgusting tactics and language to get you to pay. Do not be intimidated, you are protected by law.  However, even if they stop the calls the problem will not go away, you still owe the debt and it's possible BOA could sue, assuming they are still the creditor and not the CA.  Have you considered a debt counselor? They can negotiate a lower principle and get you on a repayment plan which is far better than bankruptcy.  I know you see ads on TV for these companies all the time and some are kind of sleazy themselves. But most are perfectly legit and do perform a valuable service.  Otherwise BK might be your only option at this point. But keep in mind, the new BK laws can enable a cc company to still come after you for at least partial repayment. That is ultimately up the court to decide. But for right now get that letter out and make sure it's certified mail.

Answer 2

Wow. . She broke the law several times over and over. . You can sue her and win. . If she calls you that many times a day then that is harassment.  You need to get a copy of your phone bill to prove the calls.

If the account belonged to your husband and not you, she cannot legally make collection attempts with you. She can only discuss the account with your husband.

It is illegal to threaten to sue you over a debt.  

It is illegal to make hostile threats, use profane language, or call you such names, as stupid, worthless, bad person, liar, idiot, and dead-beat.  

You need to get a lawyer that knows about the Fair Debt Collection Act and specializes in this.  You can clearly sue and have this debt dropped.  

I only wish some of my collectors were as hostile as this.  I think you are lucky.  Now go get them, and good luck.

Answer 3

pay your bills.

is this 1st party collections because legally they can do everything they are doing and more. they can call EVERY 20mins.

Oh the person above me is wrong:

"If she calls you that many times a day then that is harassment".

WRONG!!! depends on what party is calling.

"If the account belonged to your husband and not you, she cannot legally make collection attempts with you. She can only discuss the account with your husband."

WRONG!!! In your state, collectors CAN and WILL talk to spouse, its the law.

"You need to get a lawyer that knows about the Fair Debt Collection Act and specializes in this."

Maybe he/she should read up on the FDCPA......

"I only wish some of my collectors were as hostile as this."

no you don't other wise you would have them doing this.

Answer 4

You can write a "cease and desist" letter advising them not to contact you again.

http://www.creditinfocenter.com/forms/sa...

This website also lots of other interesting info.

Answer 5

If they violate any of the FDCPA rules, you sure can.  There are regulations regarding collection agencies and what they can do and can NOT do.  If they violate any of these rules they can be sued as per the following:

§ 1692k. Civil liability

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any

provision of this sub chapter with respect to any person is liable to such person in an amount

equal to the sum of--

(1) any actual damage sustained by such person as a result of such failure;

(2)(A) in the case of any action by an individual, such additional damages as the court may

allow, but not exceeding $1,000;

There is a lot more but too much to post here.  Use this link to download a copy of the FDCPA and read it for yourself.  The more you know the better your chances are of fighting them off.

http://www.ftc.gov/bcp/edu/pubs/consumer...

Here are some links to the FTC to also help you.

http://www.ftc.gov/bcp/conline/pubs/cred...

Credit and your consumer rights.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 6

Have you ever asked to talk to her manager, or supervisor? She is totally out of line.

Another option is to report them to the Better Business Bureau.

Best of luck.