Is it considered harassment to call too many times when attempting to collect money?

Question

My Aunt has a guy who scammed her  & alot of others out of ALOT of money.  She has to get his current address to procede with the legal stuff.  In the mean time, he still has his same number and can still be reached. So she calls his number and tries to tie up his business lines. His friends say he will get her for harassment. I say, let him sue you for harassment...atleast you can get his address! hehe  Can she continue to call him??? Is it only harassment when a third party is making the calls?

Toodeemo · Accepted Answer

The Federal Fair Debt Collections Practices Act applies to CONSUMER debt. So if this is not a consumer debt, it does not apply. If it IS a consumer debt, your aunt may or may not have to comply. 

The FDCPA applies to third party collectors. It does not apply to people attempting to collect their own debts. The hitch is that many if not most states have adopted more restrictive laws that make a law like the FDCPA apply to people trying to collect their own debt. So she may need to be careful. 

Regardless of the nature of the debt and whether it is covered by the FDCPA or some other version of it, harrassment can happen if someone actually harrasses someone else. You do NOT have a blank check to harrass someone just because they owe a debt. The FDCPA requires certain sanctions under that law. They are NOT exclusive of other sanctions or actions, such as harrassment, infliction of distress, libel and other violations. 

As for whether it's harrassment ONLY when a third party makes the call, under the FDCPA it is in theory. But harrassment is NOT a claim that can be brought there. It is a seperate claim that does not have the restrictions of the act. Tying up someone's business lines comes REAL close. As for having his address, she can serve him or his agent at his place of business. Not having it is not a reason to do what she's doing. 

If the guy is the scuzzball you say he is, she should pursue him. But this is NOT the way to do it. Get a lawyer. Call the Attorney General. Exposing yourself to a suit or countersuit is just plain stupid.

jackson · Answer

Yea, if she is going to try to legally collect fom this guy calling all of the time will hurt her case. Instead of her just doing the legal thing and looking calm, mature and collected....... the calls will throw it all in doubt and it will look more like a he said she said thing. She will be less likely to get the total of what she is owed.

Legally Brunette · Answer

Yeah that is harassment.

Also, your aunt does not seem to be trying to collect money/debt but rather disrupt his business (legal or not).

elle · Answer

unfortunately what your aunt is doing is harrasment, and can be sue.  If she gets sue than she can counter sue, for him scamming her & LOTS OF OTHER PEOPLE.

Is it considered harassment to call too many times when attempting to collect money?

4 Answers