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debt collector calling my spouse

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sweete30

Junior Member
What is the name of your state?michigan
I was wondering, can a collector call my husband at his place of employment for a credit card debt solely under my name?? Is this legal? My husband was called today and the collector informed me that it was legal and he can call my husband at his work about my debt once a day???
 


TigerD

Senior Member
Your question has several parts.
1. In only two states are spouses considered third parties. Conn. and Iowa. In Iowa a spouse can initiate by saying I'm her husband what's this or something to that effect.
2. Calling the debtor or spouse at work is fair game. However, in Mass. calls at work are severely limited and must be followed with a letter explaining your right to not have a CA call you at work.
3. If the employer does not allow personal calls, the CA can't continue to contact you at work.

FDCPA quote applicable to #3 above:
§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
...

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

There is some debate over #3 in the collection industry as to whether such comunication means all personal calls or specifically collection calls. Most CAs will err on the side of not calling at work -- because they do not want you to lose the job that is making the money to pay them. Personally, I see no difference between setting up the travel arragements for little Sally's soccer practice and paying your bill. It is taking care of personal business in both cases.

DC
 

sweete30

Junior Member
debtcollector` said:
Your question has several parts.
1. In only two states are spouses considered third parties. Conn. and Iowa. In Iowa a spouse can initiate by saying I'm her husband what's this or something to that effect.
2. Calling the debtor or spouse at work is fair game. However, in Mass. calls at work are severely limited and must be followed with a letter explaining your right to not have a CA call you at work.
3. If the employer does not allow personal calls, the CA can't continue to contact you at work.

FDCPA quote applicable to #3 above:
§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
...

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

There is some debate over #3 in the collection industry as to whether such comunication means all personal calls or specifically collection calls. Most CAs will err on the side of not calling at work -- because they do not want you to lose the job that is making the money to pay them. Personally, I see no difference between setting up the travel arragements for little Sally's soccer practice and paying your bill. It is taking care of personal business in both cases.

DC
I am in the process of filing chapter 7 and can not afford to pay any creditors at this point. I wont bore you with my sob story :confused:
 

TigerD

Senior Member
sweete30 said:
I am in the process of filing chapter 7 and can not afford to pay any creditors at this point. I wont bore you with my sob story :confused:
If you have filed bankruptcy that is a different story. Keep a card with your attorney's name, phone# and address next to the phone. Keep a log of calls on the other side.

When a collection agency calls, simply inform them that you have filed bankruptcy and provide your attorney information. Make a note of the call (time, length, company and representative you spoke with) in your log. Keep a record of every call not just debt collection calls. If you need it in court, you will have to show an accurate record which means logging every call.

Once a CA knows or is informed that you are represented by counsel, they must cease telephone contact with you and contact your attorney.

DC
 

sweete30

Junior Member
debtcollector` said:
If you have filed bankruptcy that is a different story. Keep a card with your attorney's name, phone# and address next to the phone. Keep a log of calls on the other side.

When a collection agency calls, simply inform them that you have filed bankruptcy and provide your attorney information. Make a note of the call (time, length, company and representative you spoke with) in your log. Keep a record of every call not just debt collection calls. If you need it in court, you will have to show an accurate record which means logging every call.

Once a CA knows or is informed that you are represented by counsel, they must cease telephone contact with you and contact your attorney.

DC
Thank you so much for the info it is very helpful
:p
 

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