Do in-house collectors have the right to show up at my home or continually call my home?

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Do in-house collectors have the right to show up at my home or continually call my home?

Can I ask for this to Stop? Not a 3rd party collection agency.

Asked on September 24, 2010 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, the Fair Debt Collections Practices Act (FDCPA) only applies to third-party debt collections, which means that it's fairly extensive list of debtor rights--including the right to tell debt collectors to stop contacting them--doesn't apply to creditors' in-house collections departments. If the debt collector is doing anything that would be actionable if done by any person--threats; continuous harassment; trespassing; defamation; fraud--you would be in a position to take legal action. However, if they are simply professionally--albeit relentless--trying to get you to pay a legal debt, there is probably nothing you can do against them. Note that if you're very much over your head in debt, you may wish to consider bankruptcy as an option, which would discharge most debts.


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