Arranged payments and still receiving calls

by Charleen
(Arizona)

My mother had some medical bills go to collections. She has set up payment arrangements with the company to be paid by a specific date, yet they still continue to call. They called several times after the arrangement was made but before they payment was due, and have called again even after the payment was made. She lives in the state of Arizona. I was wondering what the laws were if there is a payment arrangement made.

On a different issue, I have received many phone calls from a company for someone I don't know. My voice mail clearly states my name, and it can not be mistaken for the person they are looking for. They have left very detailed voice mails, including what company they are collecting for, the amount, and that they are going to take court action. What can I do about this?

Comments for Arranged payments and still receiving calls

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May 02, 2010
 collection calls
by: Gerri

Charleen,

The Fair Debt Collection Practices Act does not specifically say that debt collectors can't call you if you've made payment arrangements. However, this could potentially be a form of harassment since your mother has made payment arrangements and presumably is sticking to those arrangements. Why else would they be calling?

Please make sure that you are keeping written records of these conversations and phone calls. You use our Free Debt Collection Worksheet for this if you like.

You may want to send a collection agency a letter (by certified mail) restating the payment agreement, restating your willingness to abide by the agreement, and letting them held that if they continue to call you will be talking to an attorney. This is NOT meant as legal advice - simply a suggestion as to how you might handle it.

Your other alternative is to go ahead and talk with a consumer law attorney to find out if the debt collection agency has been breaking the law. If they have, they may be liable for attorney fees and damages if you successfully bring a debt collection lawsuit. You can consult a consumer law attorney with experience in debt collection cases in your area. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

As to your second question, it's an interesting one because the collection agency may have broken the law by telling a third-party about someone else's debt. You could simply try to find out the collection agency's name and address and send them a certified letter telling them that they have the wrong person and asking them to leave you alone. Or if you call a consumer law attorney about your mother's debt, you could also asked them about this.

Mary and I would be interested in hearing how this turns out for you and your mother. Please keep us posted using the comments link below.

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