People get into debt for all sorts of reasons. As long as the debt is legitimate, it is your responsibility to pay what you owe back. Some creditors employ debt collectors like CMRE Financial Services, Inc. to help them recover debt, rather than spend time trying to do that themselves. Some debtors find that debt collectors continually harass them for the debt they owe, even to the point of calling them in the middle of the night or at work. Federal and state laws regulate the activity of debt collectors. A federal law, the FDCPA, allows you to file a lawsuit against a debt collector who has been pestering you if they do not stop calling you when asked to do so.
What is the FDCPA?
The federal government has passed the Federal Debt Collection Practices Act, also known as the FDCPA, to regulate the activity of what are called ‘third party’ debt collectors. Third party debt collectors like CMRE Financial Services, Inc. only collect debt on the behalf of creditors and debtors have no legal responsibility to pay the debt collector anything. The FDCPA ensures that the debt collector:
- Does not call too often;
- Does not call at anti-social times of the day or night;
- Does not us threatening or intimidating behavior towards a debtor.
The FDCPA does not affect the responsibility of the debtor to pay their debt. It only prevents debt collectors from excessive or unwarranted contact with a debtor.
What is and What is Not Acceptable Behavior From CMRE Financial Services, Inc.
CMRE Financial Services, Inc. is allowed to contact you about your debt. You are free to discuss the debt with them or arrange repayments. The agency is allowed to contact you between 8 a.m. and 9 p.m. as long as this is not inconvenient to you. You can allow them to contact you at other times of the day if this is acceptable to you.
The agency cannot call you repeatedly on the same day. It cannot call you outside of the hours stated above unless there is prior agreement about this. They must stop calling you if you ask them not to. They cannot force you to repay a debt by using physical force, or threatening or intimidating behavior. Any breach of the FDCPA may lead to a lawsuit against them within 1 year of the contact date.
What to Do if Harassed by CMRE Financial Services, Inc.
If you have been contacted by a debt collector, you should let them know when they can call you. It is in your interests to keep a record of when they contact you – dates and times and what they said and your response. If you do have to take legal action in the future these records may be used as evidence against them. If you have a voice recorder (many cell phones come with them as standard features), it may also be a good idea to record conversations you have with them. This is especially important if they become aggressive.
Let them know that you do not want them to contact you again if they are pestering you. Talk to an attorney if they do not stop calling you.
How an Attorney can Help
If you discuss your unwanted communication with a debt collector with an attorney they will know whether the debt collector is breaching the FDCPA and whether you should take legal action against them. If the attorney thinks you have a good chance of successfully suing them, it is wise to let them pursue the case on your behalf.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against CMRE Financial Services, Inc., or any other third-party collection agency, you may not be entitled to receive compensation.