Is it legal for collection agencies to call me at anytime? 26 Answers as of July 25, 2013

Collection agencies have been calling at all hours of the night. Is it legal for them to do that? I sometimes get harassing phone calls late into the night. How can I make them stop before I file for bankruptcy?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No hours are restricted.
Answer Applies to: California
Replied: 7/8/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
calling not during regular hours is a violation of the fdcpa and is actionable.
Answer Applies to: Washington
Replied: 8/25/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It is illegal for collection agencies to call you at inconvenient times and to leave harassing calls and messages. You may be able to seek recourse via the FDCPA to get monetary sanctions.
Answer Applies to: Indiana
Replied: 8/5/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Tell them that you do not wish to receive any more calls - they should send you mail instead. While they may not comply, they are breaking federal law if they do not. Find a consumer law attorney who can help you set up an action against the collector.
Answer Applies to: Michigan
Replied: 7/29/2011
Cartwright Law Firm
Cartwright Law Firm | Andrea Cartwight
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 receiving calls outside of these hours, then your creditors may have broken the law. One of the most immediate effetcs of Bankruptcy protection is the automatic stay provision, which generally prevents creditors from collecting debts from you. Under the automatic stay, creditors are not allowed to call you or send you collection letters. They also can't take or continue any legal action against you or repossess your car or other assets.
Answer Applies to: Michigan
Replied: 7/27/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can send them a letter that says "Do not call me". Log all calls after you send the latter. And they cant call you after 9pm. Log those calls as you can sue them for doing that. You need specifics. Dates and times.
    Answer Applies to: California
    Replied: 7/27/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Hire attorney
    Answer Applies to: Maryland
    Replied: 7/27/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    The Fair Debt Collection Practices Act places limits on how early or how late collection agencies may call. If they call too late or too early, they are violating the provisions of the Code and sanctions may be available for the abuse. Creditors don't always abide by the rules and a lawsuit may be filed against them for the breach. Sometimes letting them know that you understand the provisions of the Fair Debt Collection Practices Act will bring them into compliance. They do, however, have the right to call during reasonable hours.
    Answer Applies to: Utah
    Replied: 7/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    If you are being called by debt collectors after 9:00 p.m. and can identify the collection agency making the call, you can speak to a consumer rights attorney such as my firm and pursue a lawsuit under the Fair Debt Collection Practices Act. You could be entitled to a statutory award of up to $1,000 plus recovery of attorney fees and costs. Many firms handle these claims with no up front cost to you.
    Answer Applies to: Colorado
    Replied: 7/27/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    The better question is what you plan to do about your debts. File BK if you can't pay them. Thank you,
    Answer Applies to: California
    Replied: 7/27/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You could attempt to contact the creditor and complain that they are breaking the law. Best thing to do is get your bankruptcy filed and then they will stop.
    Answer Applies to: California
    Replied: 7/27/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    You can write a cease and desist letter pursuant to the FDCPA and the CA Rosenthal FDCPA. The FDCPA applies only to collection companies that and the RFDCPA applies to the original creditor as well as a collection company. Calling at all hours of the evening and causing the phone to ring repeatedly may constitute harassment under these laws. You may also contact a bankruptcy attorney to retain for your bankruptcy and the attorney can also write cease and desist letters causing the calls to stop since they cannot legally contact you while you are represented by an attorney with respect to that debt.
    Answer Applies to: California
    Replied: 7/27/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    The only way is to get a lawyer that can file fast
    Answer Applies to: New York
    Replied: 7/27/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You will need to have proof of the time of the phone calls and then contact a lawyer who handles cases under the Fair Debt Collection Practices Act. Also, once you file a bankruptcy case a Stay order applies to all creditors and they will be prohibited from continuing the collection activity.
    Answer Applies to: Ohio
    Replied: 7/25/2013
    Law Office of Bobby Yaghoubian
    Law Office of Bobby Yaghoubian | Bobby Yaghoubian
    Creditors may not contact you at odd hours of the night. The Fair Debt Collection Practices Act gives debtors certain rights. Generally, debt collectors cannot call before 8am or after 9pm. A simple cease and desist letter may help. But a debt collector may not contact you directly once they have been notified an attorney represents you. Or when you file for bankruptcy.
    Answer Applies to: California
    Replied: 7/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    It is not legal for collection agencies to call you during non-business hours late at night. If this happens ask for the caller's name and address so you can file a small claims lawsuit for illegal collection activity. Let them know you are gathering this information from them for that purpose. The collection calls will stop because they know they are breaking the law and don't want you to file a lawsuit that you will win.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No, collectors hired by creditors can't do that. But creditors themselves can do it. You can send them a certified letter telling them to stop and they must. Or you can file bankruptcy and the calls and the debt go away.
    Answer Applies to: Virginia
    Replied: 7/27/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    No they cannot.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Offices of Lawrence J. Marraffino, P.A.
    Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
    Calls in the middle of the night violate both Federal and Florida Fair Debt Collection Laws and entitle an aggrieved person to sue for damages and attorney's fees.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Different laws apply to collection agencies and the creditor themselves. For agencies, you can send them a "drop dead" letter (look for the language on clarkhoward.com ). Unfortunately that will usually speed them up suing you since they won't be able to call. Bankruptcy does stop calls. If you are hounded by calls, you already should have seen a bankruptcy lawyer (it is never a do it yourself project) to determine when and if you should file.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    You can't make them stop until you file Bankruptcy. However, find a lawyer who is familiar with the fair debt collection ACT of 196 - There are rules about what they can do and cannot.
    Answer Applies to: Tennessee
    Replied: 7/26/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    No, the rule 8AM-8PM is ok. See FDCPA and RFDCPA. Contact consumer rights attorney.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    There are restrictions on when a collection firm may call you. Violations are punishable at law. You can consult with an attorney who works in consumer law (like me) to learn more about your rights and courses of action. You can also send a written request for any creditor to stop calling, which they must obey.
    Answer Applies to: California
    Replied: 7/26/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Generally, a collection agency can call only between 8 am and 8 pm. You can tell them not to call you at work or at home again. Whether they stop is not guaranteed, but tell them you are keeping a diary as to the dates and times they call and if they call after you told them not to call again to establish the facts for a Fair Debt Collection Practices Act lawsuit.
    Answer Applies to: California
    Replied: 7/26/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    No this may be an FDCPA violation. You may write the creditors a letter telling them that you do not wish to be called anymore or you can retain a bankruptcy lawyer and provide them with the lawyers contact information.
    Answer Applies to: Washington
    Replied: 7/26/2011
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