Memphis, TN asked in Consumer Law and Collections for Tennessee

Q: I have a creditor that call all day everyday. For months now . Do I have a case

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2 Lawyer Answers

A: You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you have filed for bankruptcy protection and the debt was incurred prior to the filing. Also, the place where you receive the calls as well as the time the calls are made, may be an important factor to ascertain if you have any recourse to stop the collection calls.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides limitations on what "debt collectors" can do when collecting certain types of debt. It covers the collection of mortgages, credit cards, medical debts, and other debts mainly for personal, family, or household purposes, but it does not cover business debts or, in general, collection by the original creditor to whom you first became indebted. Under the FDCPA, "debt collectors" include collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business.

There are restrictions on communications by "debt collectors" when collecting a debt. You can go to the Consumer Financial Protection Bureau (CFPB) website and obtain more information as well as a sample letter to send to the debt collector. Once in the website, search for "Debt Collection" under "Consumer Tools."

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.

Anthony M. Avery agrees with this answer

Tammy Lee Hussin
Tammy Lee Hussin
  • Consumer Law Lawyer
  • Encinitas, CA

A: The answer depends on a number of factors. If you have already told the creditor to stop calling you, and the calls are automated, you likely have a strong case. If you have already discussed your situation with your creditor, and they are harassing you with calls, you likely have a case. I suggest you reach out to a consumer lawyer for consultation - most of us do not charge for our services.

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