can a lawyer call my neighbor

[nomarfan]

The other day while we were eating supper, the next door neighbor came over and told us that a lawyer had called him looking for my husband. We live in Massachusetts. My husband does owe money to a creditor and I don't think that it was right for them to do that. Does anyone know if this is legal. I personally don't think that they should do that. Any help is greatly appreciated.

 

[djohnson]

As long as they don't give specific information, many do call in the neighborhood or family when you don't respond to them and aren't paying. They are trying to locate you, or make sure you are still at this address. If you don't respond it is there way of finding out if you have skipped on them or not. It also usually embarrasses the debtor enough to contact them.

 

[nomarfan]

They did call the house and I answered the phone, and told them that my husband wasn't home, which was the truth. I didn't tell them that he didn't live here. So that is why I think it was wrong. I don't know exactly what they said to the neighbors but they did ask them if it was the same person that was born in 68'. So I just wanted to make sure that it was legal so from the sounds of it, maybe it is.

thanks for your help

 

[dtown7]

You might want to look at FDCPA Section 805. (b) regarding consumer protection. It states that they can not contact a third party (ie neighbor, friends, family) regarding your debt. If they do they can be fined a $1000. So I guess it would really depend on what they said to your neighbor.

 

[cmorris]

You might want to look at FDCPA Section 805. (b) regarding consumer protection. It states that they can not contact a third party (ie neighbor, friends, family) regarding your debt. If they do they can be fined a $1000. So I guess it would really depend on what they said to your neighbor.

Exactly. If they just wanted to know if your husband lived there, that's fine. If they disclosed details of the debt, it is a violation. And they can only contact that neighbor once.

You can have your husband send a letter, certified mail return receipt, stating to only contact HIM about the matter in writing. This eliminates the need for phone calls entirely.

 

[karihager1982]

I had something similar happen to me.

I have about $6,500 in debt. I used to have my own apartment. I decided to move in with my boyfriend, so my father took over the lease on my apartment. It was no longer in my name.

One day - one of the ladies who lives upstairs in the apartment complex came down to my dad's apartment, and said that a lawyer had called looking for me. She took down the name & number of the creditor, and gave it to my father.

I think it is ridiculous that they will call nieghbors, etc...looking for you.

 

[djohnson]

You owe them money, obviously not paying on it or they wouldn't be. They have a right to try and collect the money due them. If you moved and didn't give them forwarding address or phone number and you are avoiding them, how to think they are going to collect? or do you just think that by doing that they will go?

I can't get over the amount people that owe money and try to get out of paying it and get upset when people try to collect it.

It is perfect legal for them to skip trace and try to locate you if you aren't responding to them. They can't give any information about the debt, but they can call your neighbors, family, friends, and people that they can connect with you somehow.

 

[Ladynred]

They can get away with calling 3rd parties ONE TIME for location information, after that its NOT allowed, so says the FTC. Since they already HAD correct location information, calling the neighbor to harrass and embarras is NOT allowed. The FTC commentary on the FDCPA clearly says that using neighbors as a 'messenger service' is a violation of the law !

 

[nomarfan]

I am well aware that he does owe the money. He is not trying to skip out on paying, unfortunately we are a one income family at the time. So for anyone to think that this debt wasn't going to get paid is not right. It may take a while for it to get paid, but my husband and I are trying to slowly pay our bills and not assume that they will just go away. everyone else thank you for all your input.