Collections lawyer is harassing me

[Xander271]

My jurisdiction is: California - San Bernardino County

California – San Bernardino County

An auto insurance company hired an attorney to collect a subrogation. The firm kept calling me after I told them that I'm not going to pay and to file a law suit but don't harass me anymore.

They continued to call so I sent them a FAX asking them to stop. They didn't stop and in fact started getting worse when they called. They would yell at me over the phone and use foul language. I finally sent a certified letter stating that any further attempt to contact me would be considered harassment. But that didn't stop them. They kept calling and leaving messages after I got the return receipt.

Now I've been served with a summons and have till the 3/30/09 to file my answer.

With my evidence, can I file a cross-complaint for punitive damages for the continued harassment?

As I understand it, I have to file the cross-complaint with the answer.

 

[Xander271]

Another question… who do I file the cross-complaint against; the auto insurance company or the law firm?

 

[dee_dub]

Stating that you will consider something to be harrassment does not make it so. As long as they're acting within the law, they're OK.

Failure to stop contacting you when asked, and use of abusive language, may be breaches of the FDCPA.

I'm not sure these are "cross-claims" nor that they result in punitive damages. You report breaches of the FDCPA to the Commission - they're not civil actions.

 

[Xander271]

Thanks dee_dub, this is what I found….(damages not to exceed $1,000)

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.