Can Original Creditors Harass Me With Phone Calls

This is an article that needed to be written. I am hearing from to many debtors that they are being constantly called at their place of employement by the credit card company.This includes asking for the HR department of the debtors’ employer. Again, and very importantly, we are talking in this article about what can be considered by a reasonable person as an unreasonable attempt to collect a debt by the original creditor not a 3rd party debt collector.

Many people mistakenly believe that because the Fair Debt Collection Practices Act which is a Federal law, covers only 3rd party debt collectors, that a consumer debtor has no protections from the original creditor. This is not true. Their are state laws concerning original creditor harassment depending on where you live that clearly prohibit harassment and calls at your place of employment by the original creditor. Not all states are equal in this regard. For example, New York State actually makes it a misdemeanor to do any of the following:

First, NY State Debtor Law defines the creditor as follows: "Principal creditor" means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization.(My Comment: This covers the original creditor).

No principal creditor, as defined by this article, or his agent shall: 1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or 2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or 3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or

And this one is big 4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or 5.Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or

Here is another big one 6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or

Their are a few more, but these are the biggies for NY State.

So, the bottom line is, if you think you are being harassed or treated in a way that violates the laws of the state you reside in, do your homework, by looking up the law in your state, using the link at the beginning of this article. Then, document, document, everything, and send a strobg letter with your evidence to the creditor and demand them to cease and desist the unreasonable harassment, or you will take the matter further.

Self empowerment is knowing your rights.

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Written By:
Steven Ciantro
Member National Association of Certified Credit Counselors
American Debt Enders
[email protected]
877-766-2465

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