Is it legal for a collection company to call you at home after 5 pm and discuss your account?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for a collection company to call you at home after 5 pm and discuss your account?

According to the woman on the phone most items are over 7 years old. When I asked her to send me a list, she said she could not do that. Is it legal for them to refuse that request?

Asked on November 8, 2011 under Bankruptcy Law, South Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is permissible for a collection company to call a person to try and discuss a debt that is owed. However, if the collection company is told to stop the calls, it must and failure to do so could be an unfair debt collection practice.

If items are more than 7 years old on the claimed debt, most likely the statute of limitations to bring a lawsuit for the debt has passed. If the debt collection company wants to be paid, it must send documents showing the debt owed. Be careful, the calls could be part of a scam. 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 lock Secured with SHA-256 Encryption