What rights do I have when regarding phone harassment by a creditor?

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What rights do I have when regarding phone harassment by a creditor?

They call 3-4 times per day. I tried to make arrangements with them, but it’s not what they want to hear. I have no income at the moment and they see it as me not wanting to make any arrangements therefore they threaten to file a civil suit against me. I have been a great consumer to this bank for the past 6 years and now I ran into hard times with them, but they offer no assistance, just harassment. I had payment protection plans with them for which I had been paying on ever since the loans began, and now I really need it, due to my situation they won’t allow it.

Asked on June 24, 2011 under Bankruptcy Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am unsure what type of debt this is but if it is a mortgage you should consider asking for a modification. If it is other forms of debt, and the financial institution (creditor) doesn't wish to help, you can either do nothing, which means the clock starts ticking for the entity to file suit, get a judgment, and try to collect on the debt (issue of statute of limitations).  Or you can file a complaint with the entity who regulates this creditor and see if you can work out (get a mediation of some sort) a repayment arrangement that perhaps doesn't begin until you actually gain employment. Begin to track when and how the creditor or collection agency calls because essentially if it violates the Fair Debt Collection Practices Act, you might actually be able to sue for restitution and get the creditor to stop calling.


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