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Can Debitors ask personal questions?

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countryangelz

Junior Member
What is the name of your state? Ohio

Is it legal for creditors to ask how you pay this bill or that bill? And Im not employed right now due to pregnancy therefore, no income. Can they continually ask me how I pay my bills, is that their business? **The last call I received from "this creditor" asked me How do you pay rent, how do you pay your phone, etc. and then when I stated it was none of her business, she proceeded to get very rude and nasty even tho I was being polite and started to ask how I lived. I do owe that bill, I wont deny that. I just can not pay the bill right now, and of course thats not a good enough answer. What Can I Do?? Thank you.
 


AbFabUnsure

Junior Member
countryangelz said:
What is the name of your state? Ohio

Is it legal for creditors to ask how you pay this bill or that bill? And Im not employed right now due to pregnancy therefore, no income. Can they continually ask me how I pay my bills, is that their business? **The last call I received from "this creditor" asked me How do you pay rent, how do you pay your phone, etc. and then when I stated it was none of her business, she proceeded to get very rude and nasty even tho I was being polite and started to ask how I lived. I do owe that bill, I wont deny that. I just can not pay the bill right now, and of course thats not a good enough answer. What Can I Do?? Thank you.
No its none of their business HOW you pay your bills.. or WHAT other bills you have or if you wear pink nightys to bed.
Here is a good site which one of the reggies posted awhile back. Read through it and it should answer most of your questions about collection tactics and laws.

http://www.fair-debt-collection.com/index.html

Abby
 

JETX

Senior Member
AbFabUnsure said:
No its none of their business HOW you pay your bills.. or WHAT other bills you have or if you wear pink nightys to bed.
And the correct LEGAL answer is....
They can ask you practically anything they want.... and you can refuse to answer.
 

TigerD

Senior Member
I ask people those questoins every day. If you can find the money to pay for you new car, you can find the money to pay my client. If you are unemployed and have someone paying all your bills (including your new car) you can ask them to help you with my client too. Because, after all, if you were workign you would be paying all those bills yourself right?

Are you choosing to live with the addons or simply and within your means? Do you change cell phone providers instead of paying the bill while keeping your digital cable current?

Sure you say you are going to pay $200 of hte $1000 bill at the end of next week. See the thing is that bill hasn't been paid in 5 months. What has changed. Why can you all of a sudden cut a check? Did your income go up? Are you giving a bogus accoutn # to get me off the phone?

The debtors financial affairs are the the business of the collector and the creditor.

DC
 

AbFabUnsure

Junior Member
JETX said:
And the correct LEGAL answer is....
They can ask you practically anything they want.... and you can refuse to answer.
Hmmm you are peeved, non? Because I disagreed with you in a previous post? You choose to make zis one a personal vendetta, Oui?

Actually No. As Countrygalz stated, "they then proceeded to get very rude and nasty". Now, while she never went into detail as to what 'rude and nasty' consisted of, the FDCPA says they CANNOT harrass her. Harrassment takes many forms.
Besides - HER question was 'is it any of their business' and the CORRECT answer is, 'No. Its NONE of their business'. Regardless whether they are physically capable of Asking or not.

YOU stand corrected in this instance Ma petite chou.

Abby
 

JETX

Senior Member
AbFabUnsure said:
Hmmm you are peeved, non? Because I disagreed with you in a previous post? You choose to make zis one a personal vendetta, Oui?
Nope. See one of my other 'tasks' on this forum is to catch the hands of little children, trying to reach into the 'cookie jar' by posting inane or erroneous posts on this forum. Your 'hand' has been caught many times. You simply think you are able to get cookies whenever you want.... but clearly can't. :D

I will continue to come along behind you and correct you when needed.... (at least until I get tired of it and kick you from the forum). As said before on this forum..... if you can't provide the CORRECT legal answer, don't post. It only shows YOUR ignorance and could hurt the OP. Your making NO response at all is better than giving wrong advice.

Actually No. As Countrygalz stated, "they then proceeded to get very rude and nasty".
You idiot. How do you know what 'rude and nasty' means to the OP?? You don't. When you have been around here long enough (or listened to enough clients), you will realize that we have to often 'ignore' the personal judgments. They are NOT fact and are often emotions speaking. A good attorney knows to go for the facts.... and to ignore (or minimize) the extraneous embellishments.

Now, while she never went into detail as to what 'rude and nasty' consisted of, the FDCPA says they CANNOT harrass her. Harrassment takes many forms.
WRONG again.

First, where did you get the idea that the FDCPA has anything to do with this?
The OP says: "Is it legal for creditors to ask how you pay this bill or that bill?"
The correct answer is.... a CREDITOR can ask any questions they want. As long as it is a CREDITOR, the FDCPA has NO bearing on this. But then, in your ignorance, you didn't know that, did you??

And even if the FDCPA did apply.... your response of harrassment is STILL wrong.

Here is what the FDCPA says about harassment:
§ 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.


Now where does it say ANYTHING about 'rude and nasty' in the above?? Of course, it doesn't. The ONLY way that your post could be found correct is AFTER a lawsuit is filed and a court hears what 'rude and nasty' means to the OP. The court could then decide that it was a violation. Your statement that it is.... is worthless (like most of your post).

Besides - HER question was 'is it any of their business' and the CORRECT answer is, 'No. Its NONE of their business'. Regardless whether they are physically capable of Asking or not.
Jeeeze, are you really that much of an idiot?? Can you NOT read the OP's subject line: "Can Debitors ask personal questions?"

YOU stand corrected in this instance Ma petite chou.
Okay, the final coupe de grace to your ignorance..... WHERE does the OP say anything about this contact being by a 3rd party debt collector. You are the person who thinks, in error of course, that the FDCPA even applies. That means you have no idea what you are talking about. :rolleyes:

Idiot!
 
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BelizeBreeze

Senior Member
Is it just me or did one of the asylums open the gates too soon. Seems we've been having a lot of these 'people' lately. :rolleyes:
 

JETX

Senior Member
BelizeBreeze said:
Is it just me or did one of the asylums open the gates too soon. Seems we've been having a lot of these 'people' lately. :rolleyes:
What often happens is....
We get some naive person who finds this forum due to their own problems.
Then think to themselves.... "Hey, this is a pretty neat forum"... and "Hey, I have watched a whole week of Judge Judy!!"
They think that gives them sufficient legal 'experience' to go forth and play attorney on the forum.

As an example, here is 'Flabs' first post:
"it is spelled Judgment... just FYI
According to Websters: (Just FYI)
<<judg*ment also judge*ment (juj'ment) n.
so both are correct =-)"
https://forum.freeadvice.com/showthread.php?t=274682
And of course she is WRONG there. The correct spelling for the 'legal version' is JUDGMENT.

And another:
"Im pretty sure they arent allowed to do that.. AND you can sue them for violation if they do. Debt Guy posted a really GOOD link for another member on here.. if you read thru the part about the person who sued for 24,000.00 - in there it has a chart of things they cannot do and what you can do about it."
https://forum.freeadvice.com/showthread.php?t=274657
I just love the "Im pretty sure" part!!

The only other two threads she posted to.... she was also incorrect.
 

countryangelz

Junior Member
debtcollector` said:
I ask people those questoins every day. If you can find the money to pay for you new car, you can find the money to pay my client. If you are unemployed and have someone paying all your bills (including your new car) you can ask them to help you with my client too. Because, after all, if you were workign you would be paying all those bills yourself right?

The debtors financial affairs are the the business of the collector and the creditor.

DC
I got that of course they are going to ask questions, BUT what right do they have to treat me like an infant. You can not get money from a tree, it doesnt grow on the ground and no one is going to hire a 6 months pregnant woman so yes I do owe the money but no I cant pay it now. Like I intended to be unemployed, Like I intended to be ordered off work, Like I intended to not pay this bill. I dont see how I pay my rent is anyone's business. I dont over-extend, and most of my bills are income-based. She was screaming at me like I was some 2 year old making a mess, how is that professional?
 

Ladynred

Senior Member
Its not, and screaming and vulgar, rude language IS a violation of the FDCPA, verbal abuse is not allowed. However, you have not clarified whether this is the ORIGINAL CREDITOR that's doing the screaming or a 3rd party debt collecotor.

Original creditors can get away with just about anything, but if some witch is screaming at you - hang up !! You are not required to listen to that from ANYONE, and there is no law that says you have to answer their invasive questions. If you want to get their goat when they ask how you pay your bills.. tell 'em you're a crack dealer or tell 'em your pimp pays all your bills - you get the idea ;) As soon as they figure out you're jerking their chain and you're not going to answer them, they'll either hang up or start screaming again.. at which point YOU hang up.
 

JETX

Senior Member
Ladynred said:
Its not, and screaming and vulgar, rude language IS a violation of the FDCPA, verbal abuse is not allowed.
LNR, I agree with you.... in theory.
The problem is.... as I said before, the FDCPA (if it applies) does not, and can not, give a specific definition "verbal abuse". Though the FTC has given the following 'staff commentary' on it:
"Section 806(2) prohibits the use of obscene, profane, or abusive language.
1. Abusive language. Abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
"

The ONLY way that this writer could support a claim of 'verbal abuse' is to allow a court to hear the EXACT comments made (by recording). What is 'verbal abuse' to one person may not be abuse at all to another. This is NOT as suggested by that idiot 'FlabForSure'.
 
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AbFabUnsure

Junior Member
JETX said:
LNR, I agree with you.... in theory.
The problem is.... as I said before, the FDCPA (if it applies) does not, and can not, give a specific definition "verbal abuse". Though the FTC has given the following 'staff commentary' on it:
"Section 806(2) prohibits the use of obscene, profane, or abusive language.
1. Abusive language. Abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
"

The ONLY way that this writer could support a claim of 'verbal abuse' is to allow a court to hear the EXACT comments made (by recording). What is 'verbal abuse' to one person may not be abuse at all to another. This is NOT as suggested by that idiot 'FlabForSure'.
Countryangelz stated:
<< She was screaming at me like I was some 2 year old making a mess, how is that professional? >>

The FDCPA states:

§ 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.
**********************************************************
The natural consequence of and intention of screaming at a person over the telephone IS to "harrass, oppress and abuse" the listener/hearer. There would be no other reason to scream at someone over the telephone. Now.. were it a child running in front of an oncoming car, Id say differently - however on the telephone is a different matter.

According to Websters:

Harrass - to annoy or disturb persistently
Oppress - to persecute or subjugate by force
Abuse - to maltreat, to assail with insults, revile, course or insulting language.

As for you, Ma petite chou (chou being cabbage by the way lol) The name calling you persist on engaging in towards ME only shows YOUR negligent ABUSE of another person for no reason other than you dont like me - and I made you a bit hot under the collar by disagreeing with you and making comment that someone else made an excellent point. Jealousy will get you no where honey =-)

Abby
 

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