Can a city marshal be stopped from calling my workplace to harass me and my employer regarding a debt?
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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 12 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.
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