What time of day can a creditor call me?
A creditor may generally call between 8 a.m. and 9 p.m. Any calls that take place at earlier or later times can be considered to be against the law. If you are called at odd hours, then your creditor very well may have broken the law.
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Can a creditor call me during dinner time?
No. The law prohibits calls during times that are “inconvenient” to the consumer. As such, even though a creditor is generally allowed to call between 8 a.m. and 9 p.m., if the consumer informs the creditor not to call at dinner between 6 - 7, the creditor cannot do so. If they continue to do so, then the creditor will be in violation of the law since it has called at an “inconvenient or unusual” time.
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Can a creditor call me at work?
No. It is against fair debt collection laws for creditors to call you at work if the creditor reasonably knows that such calls are not allowed at your job or place of employment. A simple statement, "Please stop calling me at work because I am not allowed to get calls here" is good enough to get a creditor to stop calling you. It is illegal for a creditor to, thereafter, continue to call you at work. Moreover, it is illegal for a creditor to call you at work and ask to speak with your supervisor. Attempts to embarrass or shame you are not allowed. If a creditor refuses to stop harassing you at work, then they are in violation of law. How do you stop a creditor from harassing you at work? Simple: you sue them. Simply put, it is not legal for a creditor to call you at your place of employment after being told to stop.
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A creditor is calling my work, threatening to speak to my supervisor: Is this legal?
No. It is illegal for a creditor to attempt to speak to your supervisor about a debt owed by you. This is a tool of embarrassment, and an attempt to "shame" you into paying. It is patently illegal. Federal law prohibits creditors from speaking to anybody other than the person who owes the debt. As such, if a creditor threatens to tell your boss or call your payroll department, then this is illegal conduct that would authorize you to sue your creditor. This is true even if you do owe the debt.
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What if a creditor calls my neighbor looking for me?
This, also, would be illegal. The law is designed to prevent embarrassing, harassing calls to you. Calls to neighbors would be illegal.
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Can a creditor call my spouse at work even if my spouse doesn’t owe the debt?
No. It is illegal for a creditor to call a person’s spouse at their work if the creditor knows or has reason to know that your spouse’s employer doesn’t allow such calls. If your spouse is called at work, he or she need only inform the creditor that such calls are not allowed at his or her job. If the creditor attempts to call your spouse, thereafter, then they will be breaking the law.
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A creditor keeps calling me about a debt that was owed by a member of my family. They won’t stop calling them. What can I do to get them to stop?
If a creditor calls you about a debt owed by a family member, you must advise them that it is not your debt and that they need to stop calling. This directive, alone, will require them to stop calling you. If they ignore your request and continue to call, then they are violating creditor harassment laws. You would have the right to sue if they disregard your request to have them stop calling you.
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A creditor keeps calling me about a debt that is owed by somebody that I don’t know. What can I do to get them to stop?
If a creditor calls you about a debt that is not owed by you, you simply need to give them notice that you do not owe the debt. Advise them that you do not know the person whom they are attempting to contact. If possible, give this notice in writing. If the continue to call you after you have told them to stop, then this is a violation of fair debt collection laws.
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Can a creditor call friends or family members to discuss my debt?
No. It is illegal for creditors to call friends or family members of yours about your debt, unless you are under 18.
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If I work at night, is a creditor allowed to call me during the day when I sleep?
No. However, you must inform the creditor that they cannot call during the day, since you work at night and sleep during the day. This will give notice to the creditor that calls during the day are inconvenient. If the creditor, thereafter, continues to call during the day, then they are violating the law.
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If my credit agreement says that a creditor can call me at anytime, are they allowed to do so?
No. If the contract that you signed at the beginning says that you give permission for the creditor to call you at anytime, to call you at your job, or to call your neighbors, this contract would not be enforceable. It would be illegal even if you signed it.
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Creditors won’t stop calling me: What can I do?
What do you do if your creditors keep calling even after you have told them to stop? Have they ignored you? Do they continue to repeatedly call, almost as if it’s a game? (“I have told them to stop, but they won’t listen”). To suggest that this causes sleepless nights, stress, and trouble within the family is an understatement (“They’re threatening to take everything I own unless I pay”). There’s a simple solution to your problem: Sue them. Some creditors think that it is okay to harass people, calling them at all hours of the day and night, trying to wear them down, even after being told to stop. Creditors call people at home, work, on their cell phones, text message, and send email demanding payment. Creditors violate federal and state law when they continue to do so after being told to stop. If you have been victimized in this manner, then read the question on this website entitled “What will it cost to hire a lawyer?” You will be pleasantly surprised to learn that it is very affordable for you. Creditors take advantage of people who don’t know the law. Don’t let that be you.
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What are My Legal Obligations for Debt Incurred through Identity Theft?
The person who stole your identity and obtained a credit card in your name is legally obligated for the debt, not you. If a creditor is harassing you about such debt, you must be reasonable and supply to such creditor proof that the debt was not yours. If they continue to harass you after providing such proof, give them written notice to stop harassing you. If they continue to contact you, thereafter, then they are violating fair debt collection laws.
It is a violation of fair debt collections laws for a credit card company to continue to pursue you for a debt that was not incurred by you. In short, you have no legal obligation to pay for a credit card that was fraudulently taken out in your name. If a credit card company continues to harass you about a debt after you have supplied proof that you did not authorize the issuance of the card, then they can be sued for violating fair debt collections laws.
If a creditor threatens to sue you for purchases made by the person who stole your identity (after you have given proof that the purchases were not made by you), then the creditor runs afoul of fair debt collections laws. The creditor can only sue you if they can show that you actually authorized the purchases, or, were so careless, that you should be held responsible for the purchases. Otherwise, if you were the innocent victim of identity theft, you cannot be held responsible to the creditor. If the creditor continues to harass you after supplying proof to them, you could sue the creditor.
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Stolen Credit Card Purchases: Who Pays?
The person who stole your credit card number is legally obligated for the debt, not you. If a creditor is harassing you about such debt, you must be reasonable and supply to such creditor proof that the debt was not yours. If they continue to harass you after providing such proof, give them written notice to stop harassing you. If they continue to contact you, thereafter, then they are violating fair debt collection laws.
If a creditor threatens to sue you (after you have given proof that the purchases were not made by you), then the creditor runs afoul of fair debt collections laws. The creditor can only sue you if they can show that you actually authorized the purchases, or, were so careless, that you should be held responsible for the purchases. Otherwise, if you were the innocent victim of a stolen credit card number, you cannot be held responsible to the creditor. If the creditor continues to harass you after supplying proof to them, you could sue the creditor.
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