Can a city marshal be stopped from calling my workplace to harass me and my employer regarding a debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a city marshal be stopped from calling my workplace to harass me and my employer regarding a debt?

I am currently being harassed on my job for a debt owed on a credit card and my employer is getting upset.

Asked on May 13, 2011 under Bankruptcy Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Debt collection practices have been scrutinized both on the state and federal levels since the enactment of the Fair Debt Collection Practices Act (FDCPA), which seeks to protect debtors from being harassed by creditors in the manner in which you are seeming to be being harassed here.  The issue comes down to how the act defines "creditor" and to who or whom that definition applies.  From what I have read, a Marshal collecting a debt on behalf of a creditor seems to be exempt from the dubious practices prohibited under the FDCRA which is not good news to you.  And a Marshal gets a percentage of what he collects (there are added fees for his benefit) so he is going to be persistent.  May I suggest another tactic?  One that might end this nightmare?  Contact the creditor directly.  Try and make a deal on a payment plan to pay off the debt and let the creditor know that the Marshal is jeopardizing your employment, which in turn jeopardizes your ability to pay off the debt.  That might get them to pull in the reigns, so to speak.  The other option is filing bankruptcy but that should be given great thought.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption