Can debt collectors call my work and friends?
It is completely understandable if you have debt you may not want other people knowing about it. After all, your debt is something that is a completely private matter between you and your creditor. Unfortunately, some debt collectors like to intimidate or guilt people into paying their debt(s) by threatening to tell other people about the debt. What you need to know is that there are certain people your debt collector MAY NOT tell about your debt.
Who debt collectors MAY NOT contact regarding your debt In general, a debt collector cannot contact third parties regarding your debt. This means that they may not contact your employer, co-workers, relatives (except your spouse), neighbors or any other third party regarding your debt, unless you give them your permission, a court allows them to, or the debt collector is trying to carry out a judicial remedy. (For example, a debt collector MAY call your employer to tell them your wages are being garnished). The only time that a debt collector MAY contact these kinds of people is to learn about your home or work address and your telephone number. However, AT NO TIME may the debt collector tell these people that you owe the debt collector money or tell these people that they are a debt collector, unless the third party being called asks the debt collector directly.
Who debt collectors MAY contact regarding your debt? First off, they are allowed to contact YOU regarding the debt, although there are limitations as to when and where. Also they can contact your spouse, attorney, and your parents (but only if you are a minor) and anyone who is a co-debtor with you. Furthermore, they can contact certain agencies regarding your debt.
Leaving Messages: Collection agents are unable to get around the debt collection rules by leaving you a voicemail instead. If you share a telephone line and answering machine with several people including kids, parents, roommates or neighbors, a debt collector may be in violation of the Fair Debt Practices Act if they leave a message on a machine regarding your debt.
Finally, debt collectors are not allowed to use specific methods of communication that may reveal to others that you owe a debt to them. Debt collectors are not allowed to communicate with you about your debt through post cards or use any other language or symbols, other than their address, on any envelope when communicating with you. Basically they are not allowed to put all over an envelope or postcard that they are a debt collector or use symbols to suggest they are debt collectors. This is because you have a right to keep your debt private and debt collectors should not be allowed to publicize this fact to third parties.
Contact our Trezza and Associates today for more information. (520) 327-4800
