Is it harassment if a collector keeps calling if you already agreed on a payment plan wanting more money?

About 2 months ago I set up a payment plan for the first of the month. Both the collector and I agreed to $300 a month. Now the collector calls me and wants more money. In the last week they have called me twice and both times I told them I can’t pay more than $300. Now they are saying I’m refusing to pay.

Asked on July 20, 2012 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a mutually agreed-upon payment plan and you are honoring it, then the creditor or its collection agency cannot seek additional money. They can contact you a reasonable number of times to ask if you will voluntarily agree to pay more, but have no power to force you to do so. If they continue contacting you, at some point, it may well become actionable harassment; and if they try to sue you or take other legal action when you have been honoring your obligations, you may be entitled to sue them for malicious use of process.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.