AboutRegan Shinski Expertise I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials BA - University of Minnesota
Question How by law can i get a loan company to stop calling and harassing me?..thank you
Answer Hi Robert:
It's going to be a tough road. First, this reply assumes you are talking about a first-party creditor, NOT a third-party collection agency. i.e. Walmart calling about a Walmart account, not ABC Collection Company calling about a Walmart account. If you are talking about a third-party collection agency, there are different statutes and rules. This also does not factor in any possible state statutes.
Creditors are generally not limited to the number of calls they can make during the day. Now if they are literally calling every FEW minutes after just talking to you, there comes a point where it can fall under a general harassment claim. This is HIGHLY unlikely. I mean it REALLY has to be severe, to the point of stalking - for lack of a better word.
Additionally, in general, they still cannot make threats. They can tell you what they will due (sue, turn over to collections, hurt your credit, etc) but they cannot threaten physical violence and other similar gross over-reaching actions. If the tone is EXCESSIVELY vulgar or intimidating, that is also a possibility for a lawsuit.
Excessive calls to a workplace may have a better chance than to a home or cell phone.
They are allowed to call any references you left trying to reach you but cannot make defaming or threatening statements to the people you left as references.
If the loan is current and they are in error on the account but still call, that can be a case for harassment.
To stop it, you have little recourse in most cases against first-party collectors. The only ways to stop the calls with 100% certaintly is to pay the bill or file for bankruptcy protection. Working out a payment arrangement may stop the calls, but it's not guaranteed until the account is caught up.
You can TRY to send a limited cease and desist letter. Send a certified letter that basically says you want all future communication on this matter to be in writing. There is no statute that bounds the creditor to it, but a small or unexperienced creditor may fall for it.
Similarly, you can send a letter to them stating your employer does not allow these types of calls in the workplace. You may have luck on that option if they are calling your work.
If you feel you have one of the really severe exceptions I mentioned above, you have to start gathering proof, phone records in this case. Additionally, if your case for harassment is the content of the calls, it would help to get them recorded. Make SURE you tape them legally! Find out if your state is a one-party or two-party consent state. Find out here:
If you live in a two-party consent state, you must get their permission to record the call FIRST. This likely means you will not be able to get harassing information legally on tape and it means you will be violating the law if you record it anyway.
I must stress again, that the cases for harassment due to content and excessive calls must be REALLY extreme in first-party collections. I would suggest you speak to an attorney to gage how strong your specific case is before you invest the time and effort to go down this road.
