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Is it harassment for a collection agency to call several times a day.....?

My daughter's ex refused to pay his half of their phone bill... sadly it was in her name. but the collection agency wont' stop calling, has informed her that they won't stop calling and call several times a day starting at 8am and going as late as 8:59 pm. Can this be considered and handled as harassment? She's already spoken with them several times explaining that at this time she has no job and no money. They tell her they don't care and will be calling again.

If it matters, we live in michigan.

Update:

Hotwheels: can't make the guy pay... he was deported.

Also, they did send a little card stating the bill they were collecting for. (it is a third party collector)... I'll have her send a letter as suggested.

7 Answers

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  • 1 decade ago
    Favorite Answer

    The most important thing to remember in dealing with bill collectors is that you do not have to talk to them. Federal and Michigan law says you can tell collection agencies not to contact you and they are required to comply.

    Bill collectors do not always follow the law and they may continue to call you. They can be very aggressive and hard to deal with. You should not worry about being rude to them – they are in the wrong to continue contacting you.

    Sometimes it is easier to get rid of such callers if you have a written script to follow. Some sample language below. If you are called by a collection agency choose one or more of these sample statements to read and then hang up. If they call back, repeat as necessary. You may want to keep the examples by your phone to use each time you are called. Do not get dragged into any other conversation with bill collectors. Otherwise they may trick you into giving out personal information to be used against you.

    Another tactic they use is to simply keep you on the phone to berate and shame you for not paying; hoping to either upset you or make you feel guilty so you might pay them. Do not fall for this and by all means don’t be afraid to quickly terminate the conversation even if hanging up is required.

    SAMPLE LANGUAGE:

    You are violating the law by calling me several times a day. Do not call again. Good-bye.

    I told you not to contact me. I am keeping a record of your calls because you are violating the law. Good-bye.

    I do not have a job and can not afford to pay this bill. You are wasting your time contacting me. Good-bye.

    I told you not to contact me again. This is illegal harassment and I will not stand for it. I am going to report you to the proper authorities. Good-bye.

    Additionally you can ask the caller for an address you can use to correspond with whoever is doing the collection, hang up and write a "do not contact" letter.

    If you have additional questions concerning bill collection or other legal matters you can get free or low cost legal help by visiting michiganlegalaid.org and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or look under "attorneys" in the yellow pages to find your local legal aid office, or contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.

    Good luck!

  • ?
    Lv 4
    4 years ago

    definite, continual and offensive messages and calls can characterize harassment. Harassment, besides as "irritating the peace" are area of the family contributors violence act, and theoretically they are able to be evidence the courtroom can use to concern family contributors violence restraining orders. The courtroom is far less probable to concern a restraining order if the calls/messages are no longer threatening in nature. a pair of probability is evoked: a million. constantly have a witness available any time you work together at the same time with your enemy. That way, while she starts making issues up, there is somebody around to back up what particularly surpassed off. 2. some states enable for a civil order of protection - to maintain your enemy from bothering you. particularly, you need to be waiting to coach this individual is a threat to you in some way. See your interior of sight legal expert for specifics in this. 3. attempt to forget approximately approximately and circumvent your enemy, that's probably greater handy to declare than to do

  • Ti
    Lv 7
    1 decade ago

    Who is calling? Is it the phone company or a 3rd party collection agency?

    If it is a collection agency, tell them to stop calling you. They have 5 business days to send you a written explanation why they are calling. That is the law (per the FDCPA). Once you get the letter, tell your daughter to send them a partial cease and desist. Include a paragraph stating all communication with her has to be by US mail to an address that she specifies. Send the letter by certified mail. Keep copies for your records.

    The original creditor is not bound by the FDCPA. It only applies to 3rd party collection agencies.

  • 1 decade ago

    The collectors use an automated dialing system. So if no one answers they could call every hour.

    If she answers once, then they shouldn't call for the rest of the day. If they do, it could be harassment. She doesn't have to spend a lot of time talking, but make sure she gets the name of the person calling. Then keep a log of each phone call.

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  • Zach
    Lv 7
    1 decade ago

    No, it's not considered harassment. They are allowed to call multiple times a day. If she doesn't want them calling her, she can send them a cease and desist letter informing them to only contact her through the mail and giving an address they can reach her at. Once she's done that they can no longer contact her through the phone. She must send it through certified mail to ensure they got it.

  • Anonymous
    1 decade ago

    Yup, that's harassment. Any way you can get a record of what they're saying to you? Failing that, take notes, and keep a log of their calls.

  • 1 decade ago

    nope, its their job. circumstances of why they arent being paid is not their problem. they just want money i suggest that she take her ex to court to make HIM pay

    edit: like i said, circumstances of why things arent paid isnt their problem...... its not fair but your daughter is responsible for the bill and needs to get a job to pay off her debt.

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