You may have found this page by simply searching “debt harassment”. There was something that you were thinking in terms of can a debt collector harass you in order to pay a debt? Well, the biggest question we get is, “Can they do this? Can this debt collector collect a debt like this?” Depending on the desperation and confusion in the voice asking the question, the likely response is, “No.” So, lets see if they can do this.
What they do
Debt collectors are not supposed to harass you to collect a debt. In fact, debt collectors often do violate collection laws when trying to collect. After a collector has a judgment, they may be able to place a lien on your house, retake the property which your loan may secure, or report non-payment to your credit. Sometimes they may say that they can do more than they are legally allowed to do, but only to scare you into paying the debt.
The Law
The main section of the acts prohibits “[a]ny conduct the natural consequence of which is to harass, oppress, or abuse any person.” 15 USC 1692(d). In reality, you will know when you are getting harassed. When you get to the point to where you think, “that just isn’t right,” then you probably are right. Later on in the section specific behavior is prohibited, making the phone ring constantly, using profanity, lying about their ability to imprison you, lying about being a law firm, lying about being a police officer, saying that ‘their guys’ are going to be knocking at your door, calling you and not telling you who they are, etc.
If it feels like harassment…
If it feels like harassment, it might be harassment. In general, debt collectors cannot call your boss or basically any third party that is not your spouse in order to collect a debt. It is none of their business whether you owe the debt or not, and in some instances, it can be embarrassing to have people know you have a debt that is not paid. Further, it is frustrating that, in the cases where you don’t owe the debt, to have other people asking you about it.
A debt collector certainly may not sue you on a debt you do not owe. They shouldn’t even be collecting on a debt that you do not owe. Sometimes a debt collector will attempt to do this, likely when the debt was released but the debt collector was unaware of the release. Some debt collectors may not believe you that a debt was forgiven. So, when at first it seems like the debt collector has made a harmless error, they persist in collecting a debt you do not owe it may become harassment.
Call California Debt Harassment Attorney
In sum, if it does not feel right, if it feels like harassment, then it likely is. If the communication is a minimal mistake, then likely you do not want to deal with your claim. If the communication you receive from a debt collector causes you to ask a friend if that sort of behavior is acceptable then you should be calling the California Debt Harassment Attorney for a free consultation.
