Q: My mother keeps receiving excessive collections calls and she doesn't speak English.
What can I do to make the calls stop for her?
She can cite the Fair Debt Collections Procedures Act and ask for no further contact. This would work if the caller is a debt collector. If the caller is an original creditor, not a debt collector. they don’t have to obey the FDCPA. In that case a bankruptcy might be the only avenue. Here is some info from the State of Michigan: https://www.michigan.gov/ag/0,4534,7-359-81903_20942-238041--,00.html
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from Internet discussion boards, such as this one.
Mark Bredow agrees with this answer
A letter. You can write it and have her sign it. Find out who is calling her, (either check her call log or order it through her provider), and then send a certified letter. You can usually Google the phone number and identify the debt collector. Keep in mind it could be a scam caller. In that case, there is no way to stop it.
The letter should include the name of the creditor/debt collector, the account number (if one exists and you can find it) and a general demand to cease and desist contacting this phone number. Make a copy of the letter. If they call again after receiving the letter, you now have a potential lawsuit under the Fair Debt Collection Practices Act.
Mark Bredow agrees with this answer
The other attorney's answers are absolutely clear and correct. Sending a written letter is the best ways to protect her and preserve any legal issues if you want to pursue legal actions against a collector. But, in the short term, to give her some way of fighting back, you may want record your voice on a voice recorder stating. "I cannot speak English, so I've recorded my response to you. I dispute this debt. Please send me verification that I owe this debt and the name of the original creditor, then please stop all communications with me regarding this debt. " Play it into the phone when they call. Then, follow up with a letter as the others recommended. To preserve your rights, you should send a letter within 30 days of the date of their first call. But, most collection agencies and creditors record all of their calls. And many will honor your dispute and request to terminate communications even if it is verbal.
If she has many creditors and collector's calling, you should contact an attorney who handles debt defense and bankrutpcy. Most will give you a short consultation at little or no charge.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.