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chriscota01 | Can a creditor or collection agency call me late at night.? |
they call me every day it will be one more year and then it should fall off due to the seven year thing. What should i do somone please help and can they sue. |
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OC1999
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Okay here is the deal. They are only allowed to contact you between the hours of 8am and 9pm in your local time zone, they can do this on any day of the week.
However, if you do not want to have them contact you anymore you must send a certified letter to them stating that they are not to contact you. The only other letter you will get from them is stating that they will no longer contact you. This DOES NOT get you out of your debt, it just means they can no longer call you.
If they do call you after they have received the letter you can sue them for violation of the FDCPA(Fair Debt Collection Practices Act). You can sue them for $1,000 per violation, plus any damages because of that.
Also, you have to be sure about the your reporting limit. The 7 years starts from the last time you became delinquent, and would be reset if you had made a payment since then. There is also the Statute of Limitation, after this time they can no longer legally come after you for the debt. Depending on the type of debt and your state this is anywhere from 2-15 years. However, if this is a credit card debt that is usually around 3-5 years.
Below is a few links on the FDCPA and a sample letter to have them stop contacting you, and the chart of the Statute of limitations for all the states. |
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chickem
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They can start calling at 8 and call til 9 at night. It may go into court and you will get a judgement against you that can take money from your paycheck every payperiod. Best thing to do is change your phone number or else just start talking to them like you're glad to hear from them & keep talking about how your day went & all your troubles. Then hang up on them. |
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brokerstorage
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True, they can only call you till 9pm.
If you email me i can send you a letter for you to send them to stop harrasing you.
brokerstorage at yahoo dot com |
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Studly
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biwagirl20, while I am impressed with your knowledge, I was a bit taken back at your harsh comments at OC. Distorted view?
True, he was a bit wrong on a couple facts and figures, but overall his response is accurate.
biwagirl20 does hit an important fact. The Fair Debt Collections Act only applies to 3rd party collectors and not to the original creditor. In most cases they can do whatever they want, and the only way to stop them is filing harassment charges with the police. A few states passed their own FDCA laws that put creditors under the same laws.
The best approach is to send a letter demanding that all phone calls must cease, but they can continue to mail you whatever they want. This is a "limited" C&D and will not prompt a lawsuit (unless they are complete jerks, hard to tell most times....) |
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Michelle S
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Generally, if you ask the company not to call you at certain times, such as at night, they are supposed to comply with your request. However, that doesn't necessarily mean that they won't call. You could try speaking to a supervisor or manager at the company, but seeing as you aren't planning on paying them they probably aren't going to be very accomodating. You could try putting in a formal complaint but it might take a while for anything to be done. The original creditor can probably sue you for what you owe them, or they could force you to declare bankruptcy. And I would check into that seven year thing. A friend of mine works is a manger in a bank and she says that seven year thing doesn't always work in all situations. Basically your real options are to set up to make minimal payment to the company so they will leave you alone or change your number to an unlisted one that hopefully the company won't find. |
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biwagirl20
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Yes they can sue.
Now for the rest of your question.
This all depends on if it is 1st party collections IE Sears Calling and collecting for Sears, or if it is 3rd party IE ABC Co calling and collecting for Sears.
If it is 1st party they can pretty much do what they want. There are now laws governing 1st party collections.
If it is 3rd party then they can only "contact" you 3 times in a 7 day period, this includes mail as well. And they can only call between 8am and 9pm.
If you take some of these peoples advice you will get sued. You need to check the Statute of Limitations in your state. They vary form 3 years to 15 years. www.bankrate.com will help you out there. Keep in mind that the SOL runs form the date of last charge OR the date of last payment.
If you send a Cease & Desist order to them and the SOL has not expired thye will not contact you again other than to sue you because you ahve left them with no other option to collect.
OC1999 has distorted views and has little knowledge about what he is talking about so plese do not follow his advice.
Good luck! |
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Ellen H
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The statutes for being able to sue you for an old debt vary by state. In NYS it is 6 years for any debt whether verbal, written, revolving debt, etc. So it's best to check your state's laws concerning that. Usually the credit reporting agencies drop bad credit after 7 years, but that still doesn't eliminate your responsibility for a valid debt. Additionally, many companies now purchase old debts that have been charged off, usually for pennies and try to collect on that. This is often called "zombie debt" and can be particularly difficult to get rid of. |
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Chef Frisbee
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they can always sue - but they cannot call after 9 pm and if you send a letter demanding a cease and desist on the calls - they have to stop |
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Bumblebee711
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They're really the lowest face of scum on the face of the earth.
So why wouldn't they call you late at night? They're not supposed to call after 9 p.m., but some of them do.
When an account legally "falls off" your credit report, that doesn't mean that the attempts at collection have to stop. They can still hound you for the money you owe. I recently read about a lady who had a collection agency come after her for an account from twenty-four years ago!
Keep an eye on your credit report and if they take you to court, make SURE that you show up. If not they'll win a judgment against you for certain. |
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RJ
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CEO is correct I put cease and decist on accounts all the time. And I am pretty sure the law is no calls after 9pm. But if they call and harrass you hang up on them, they cant make you stay on the phone. |
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Y U
 |
It's according to what state you live in. If you do not want a collector calling you should write them a letter telling them to stop. Once they receive the letter they can't contact you again unless that contact is to tell you there will be no further contact. If you would like more details you should refer to the Fair Debt Collection Act. You should be able to get there through the source I included, or just google fair debt collection. |
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l_tribefan_l
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Next time they call, tell them ''not to call you again''!!! Say to them, Next time you call!! im going to sue you for a million dollars.. That should do the trick!! |
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Landlord
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Nothing is falling off in 7 years. You borrowed the money, you need to return the money. They can try and recoup their money thoughout your life and against your estate at your death.
There is a SOL on suing though, and it varies by state, but 7 is hte common number. They have that long to file suit and/or garish your wages.
I ahve never had a collection agency call, but I though the time limit was 8 pm, not 9 as stated by the other poster.
I honestly am clueless as to why people feel they have teh right to take someones elses money and never return it. |
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