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Harrassing phone calls from the debtor


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#1 pearl929

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Posted 14 January 2013 - 08:01 AM

I have two bills I owe amounting to $3000. I lost my job few years ago and have been on Social Security $800 a month for the last two years. I tried keeping the minimal payments up but I can't anymore. The actual debtor keeps calling me several times a day and coming by my house. My bill is not with a debt collection agency. How do I stop this harrassment? I have told them over and over due to hardship I just can't make their minimal payments. I have offered to make 25.00 a month but they won't accept. I can't afford to come up with the money for bankruptcy. Desperate citizen from Cleveland, MS.

#2 FindLaw_Amir

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Posted 14 January 2013 - 09:02 AM

You may visit the Bankruptcy and Debt Center: Debt Relief and read How to Stop Debt Collector Harassment as a good resource to learn more about this subject matter.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 Tax_Counsel

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Posted 14 January 2013 - 10:35 AM

The actual debtor keeps calling me several times a day and coming by my house. My bill is not with a debt collection agency. How do I stop this harrassment? I have told them over and over due to hardship I just can't make their minimal payments.


You mean the creditor calls you and comes to your house. You are the debtor here. Federal law only regulates the activities of debt collectors, i.e. those persons or companies who collect debts on behalf of the creditor. It does not regulate the activities of the creditor itself. A few states impose restrictions on the debt collection activity of the original creditor, but it appears that Mississippi is not one of them. It does not seem that Mississippi is among those states that has a general harrassment crime, either. Thus, the activities of the creditor here, though undoubtedly annoying, may be perfectly legal.

You may change your phone number and make it unlisted. You may screen your calls with caller-ID and not answer calls from the creditor or any number you don't recognize and instead just let voice mail or answering machine pick it up. You may tell the creditor he cannot come on to your property any longer and that you'll call the police for criminal trespass if he does (whether your local police will actually do anything, of course, I cannot say).

You may simply tell the creditor outright that you don’t have the money, won't pay him a dime, and that he’s completely wasting his time making the effort to collect from you. Your continued promises to pay something, though not much, will lead the creditor to think that if he keeps persisting that he'll get more from you. If you want him to go away, you want for him to conclude that’s just not going to happen.

#4 BOR_BOR

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Posted 14 January 2013 - 11:03 AM

TC, what is your opinion of a violation of the MS telephone harassment law; d or e applicable? I understand no case law is copied and pasted by me, but opinion?

SEC. 97-29-45. Profane and indecent language over telephone; penalties; jurisdiction.

(d) To make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number;
(e) To make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or

#5 BOR_BOR

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Posted 14 January 2013 - 11:07 AM

I have offered to make 25.00 a month but they won't accept. I can't afford to come up with the money for bankruptcy. Desperate citizen from Cleveland, MS.


There are Bankruptcy "Petition Preparers" that can fill in the forms for a smaller fee, you have to file it though. According to a web page, if you are 150% at or below the federal poverty level and UNABLE to pay the court FILING fee, the court may grant a waiver of fees, the petition prepare will have that form.

Tell the creditor to NOT enter your property again or you will charge him with trespassing, period, that will probably stop that.

If you even tell the police themselves not to enter except by operation of law, if they do anyway, they are trespassing, so a civilian is the same.

#6 Fallen

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Posted 14 January 2013 - 12:26 PM

I'm afraid you won't get the harassment charge moving, because you can't prove intent to harass. A creditor's free to pester you to collect a debt, I'm afraid. (I'd take the advice about people coming to your place, after you put up a "no trespassing" sign and they come on your property. Police should at least give them an advisory call about what can or will happen if they show up again despite the NT sign. Not saying police will pursue (or have an obligation to), but they may.)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Fallen

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Posted 14 January 2013 - 12:27 PM

Sounds like you need to save up for bankruptcy filing fee, or include with a petition (assuming your situation and the debt qualifies for bankruptcy) a request that the court waive the fees. I'm not clear whether the law allows for this, but other court filings do.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#8 docpreparer

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Posted 19 January 2013 - 12:26 AM

pearl929

I am a legal document preparer and charge a flat $150.00 for my service. I would be happy to help you. I would also fill out the Waiver of Fee form that would ask the court to waive your filing fee.

If you would like, please email me at ******

Thanks,
Kim

Edited by FindLaw_AHK, 22 January 2013 - 07:50 AM.
This post has been edited to remove personal or identifying information. -Moderator


#9 wendyok1

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Posted 19 January 2013 - 11:38 AM

i asked to makepayments to my lawyers and now he is calling me and harnessing me

#10 adjusterjack

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Posted 19 January 2013 - 04:13 PM

It isn't harassment when you owe people money.

It's called "dunning" and creditors have a right to get there money for the goods and services they provided.

I know you're in a tough spot but don't be accusing others of doing bad things when they aren't.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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