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

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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

Answers:

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.


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