debt collector

[lola52]

A debt collector at my credit union that holds my auto loan has been contactiing my workplace everyday for 2 weeks. i have told them to stop and have called him myself but he wont stop. my managers/co workers are getting very irritated about this. i contacted the bank and they told me they couldnt help me what do  i do

[SGR]

You have the option of sending a certified return receipt letter to the debt collector in question explaining that it is to be considered "inconvenient" to contact your place of work. In the letter demand that if they do not stop calling your work they will be in violation of § 805 of the Fair Debt Collections Practices Act (FDCPA). This statute states that “A debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.” If the debt collector continues to call your work after receiving the letter, you will be able to sue them in small claims court because they will be in violation of the FDCPA. Each FDCPA violation can net you $1,000. It's also incredibly easy to sue in small claims. You don't need a lawyer and in most states it costs less than $50.

If you file a FDCPA lawsuit, I would also argue that the debt collector is in violation of § 806(5). This statute forbids a debt collector from "causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number." Personally, I think some judges would agree that calling your place of work everyday for two weeks is intended to "annoy" and/or "harass".

It's worth mentioning that this letter should be sent as a last result though. Since this is an auto loan, they may retaliate by repossessing your vehicle.

[MarineVietVet]

---

@lola52 wrote:

A debt collector at my credit union that holds my auto loan has been contactiing my workplace everyday for 2 weeks. i have told them to stop and have called him myself but he wont stop. my managers/co workers are getting very irritated about this. i contacted the bank and they told me they couldnt help me what do  i do

---

Hi there.

Another option according to FDCPA 805(c):

CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Send this letter CMRRR.