Can a debt collector harass me if I makea timelypayment every month?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a debt collector harass me if I makea timelypayment every month?

A debt collector and I have an agreement on a payment plan and I make my payments on time every month. Can they still call and threaten me for more money? They called and the guy on the phone said I needed to pay more. I told him I couldn’t afford to do that and he wanted me to ask a relative or give him my tax refund. I used my refund on another bill and I don’t have a relative that will give me any money. I told him that and he got really mad and started arguing with me and got very loud and started yelling. Can they keep harassing me like this?

Asked on February 6, 2012 under Bankruptcy Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you have a payment plan and you are honoring its terms, he cannot take legal action against you--so long as you keep paying per the plan, he can't do anything.

2) If it's a third party debt collector (e.g. a collections agency collecting a debt not its own), you can definitely make them stop--you can send a written notice requesting that the contact stop and if the collector doesn't, file a complaint with the FCC. Look up the Fair Debt Collections Practices Act for your rights against third-party debt collectors.

3) If it's someone collecting his or her own debt, it's harder to make them stop contacting you; you could try bringing a legal action, seeking a court order for the collector to stop. Or you could simply (politely) hang up when he starts yelling at you--there's no law that says you have to talk to somone who is being rude.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption