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When Creditors Call Place of Employment, Friends, Relatives

Posted on 02/08/2010 10:00:02 AM PST by hsmomx3

My best friend's mother is a 77 year old widow who does seamstress work on her own but in the past, did work for a variety of companies.

This elderly woman, as a result of her business slowing down, became delinquent with her unsecured credit card debt.

She was honest with the creditors and her daughter even spoke to them as well.

What is happening is not only is the bank calling the woman everyday at home and asking her to pay or seek out friends and family for money, but they are calling her past places of employment as well as relatives!

Is this legal?


TOPICS: Business/Economy
KEYWORDS: chase; creditors; debt
Thanks!
1 posted on 02/08/2010 10:00:04 AM PST by hsmomx3
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To: hsmomx3

THREATEN TO SUE AND ASK FOR LEGAL BUSINESS ADDRESS

it cuts down calls a lot


2 posted on 02/08/2010 10:03:15 AM PST by Mr. K (This administration IS WEARING OUT MY CAPSLOCK KEY!)
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To: Mr. K

We have creditors calling our place of employment looking for production workers. I always advise they are not allowed to accept personal calls. It’s illegal for them to call the workplace as far as I know.


3 posted on 02/08/2010 10:05:06 AM PST by angcat (GOD SAVE US!)
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To: hsmomx3

Yes.

Why can’t the Son help her with the debt?


4 posted on 02/08/2010 10:05:56 AM PST by HD1200
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To: hsmomx3

No. They are legally not allowed to discuss her finances with anyone other than her. She should document names, dates, etc, and report them to the FTC.


5 posted on 02/08/2010 10:06:45 AM PST by Hoffer Rand (There ARE two Americas: "God's children" and the tax payers)
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To: hsmomx3

google is a wonderful tool:

A creditor can call you at home, at work, on your cell, anywhere and anytime (the “anytime” must be within reason, such as NOT after 9pm, etc.). They can also call anyone you’ve listed as a reference or contact in order to locate you (although they are not allowed to divulge specifics of the debt they are calling regarding in order to malign you). However, the first time they call you at work, you merely need to tell them ONCE never to contact you at work again and then legally they cannot do so— if they do, they are in violation of the Fair Debt Collection Practices Act. Keep notes of dates, times, and names.

If you really want them to leave you alone entirely, you must send them a letter (send it certified) directing them to cease all forms of contact with you (phone, mail,etc.). After that, they can only mail you one more notice stating that they have received your request and are complying.

Keep in mind that this does NOT negate the money you owe the creditor or remove it from your credit report— the debt does not magically go away. You still owe the debt. And if it is a secured debt (with collateral such as an auto loan), they may still repossess whatever was used to secure the debt.

But they can’t call you at work once you tell them not to.


6 posted on 02/08/2010 10:08:30 AM PST by HD1200
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To: hsmomx3
http://www.creditboards.com/mambo/

Check the forums out. It might give you some info.

7 posted on 02/08/2010 10:08:46 AM PST by Polynikes (Haakkaa Paalle)
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To: hsmomx3

It is legal as long as she owes them directly. People often get confused about FDCPA law. The law itself, from the very onset, explains that it is applied to third person collection only!

If my friend Steve owes me $200 bucks, I can call Steve anytime and anywhere I want to try and get my money back. She has the same relationship with her bank/card company. Her only protection is the fact that she is their customer and should be treated as such.

If the debt is far enough past due to have been sold to a third party collector she would have a lot more protection.


8 posted on 02/08/2010 10:09:49 AM PST by The Toll
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To: Hoffer Rand

3 tips on how to evade debt collectors already.

I am starting to wonder if I am at DU!


9 posted on 02/08/2010 10:09:50 AM PST by HD1200
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To: hsmomx3

Get the address and send a “no contact letter”

“Dear Creditor:

In accordance with the Fair Debt Collection Act, please do not contact me by phone, mail, e-mail, or otherwise regarding the above alleged debt.

If you do contact me, I will report your violation of the Fair Debt Collection Act to the appropriate state and federal authorities.

Thank you very much.”


10 posted on 02/08/2010 10:10:01 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: HD1200

I would help with my parent’s or child’s debts if I could and THEY asked me. If a creditor called me directly and asked me to pay, I’d be outraged.


11 posted on 02/08/2010 10:12:44 AM PST by Trust but Verify
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To: Jewbacca; All

Funny thing is they have told the bank not to call these places but they don’t listen. I will pass all of your comments to my friend.

Thanks.


12 posted on 02/08/2010 10:13:54 AM PST by hsmomx3 (HERE WE GO STEELERS, HERE WE GO..........)
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To: hsmomx3

The Bud Hibbs website has some good info about how to combat debt collectors. http://www.budhibbs.com/


13 posted on 02/08/2010 10:13:55 AM PST by Feasor13
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To: hsmomx3

It must be in writing. Send by certified mail.

Original creditors are not as subject to the FDCA as collection agencies, but most states have laws that apply to first-party creditors.


14 posted on 02/08/2010 10:19:39 AM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: HD1200
I agree 100%! If you owe an entity, person or business, then pay up. They did their part by loaning you money, do your part by paying it back.
15 posted on 02/08/2010 10:20:44 AM PST by Niteranger68 ("Obama voters will pay dearly!")
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To: The Toll

“It is legal as long as she owes them directly. People often get confused about FDCPA law. . . .”

THIS is the answer that is correct. I was a long-time debt collector.


16 posted on 02/08/2010 10:21:56 AM PST by righttackle44 (Is Obama an Italian or Japanese name?)
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To: hsmomx3

http://apg-llc.us/

I FReepmailed you with info and a phone number.

I use this group for two unsecured credit card debts. The two Credit Cards increased their rates to 34% from 9.99% and 7.99% and I had had enough.


17 posted on 02/08/2010 10:22:29 AM PST by HighlyOpinionated (The left have become lawless. Every strangling edict they issue carries an exemption for themselves.)
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To: Trust but Verify

Read what the person wrote again slower. The credit card company is NOT calling friends and relatives. They are asking her to contact friends and relatives to see if they will help with the bil.

Every collector that has ever collected money owed for us ALWAYS asks the debtor if they have friends or family willing to help out.


18 posted on 02/08/2010 10:23:13 AM PST by HD1200
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To: hsmomx3

Nope.


19 posted on 02/08/2010 10:24:15 AM PST by Non-Sequitur
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To: HD1200

As it turns out, they did call a son-in-law at his home. And yes, the creditor did ask her if she could borrow money from friends and relatives.


20 posted on 02/08/2010 10:24:41 AM PST by hsmomx3 (HERE WE GO STEELERS, HERE WE GO..........)
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To: HD1200

I was responding to your post about why doesn’t her son help her, unless I misread that, too.


21 posted on 02/08/2010 10:27:01 AM PST by Trust but Verify
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To: HD1200
"What is happening is not only is the bank calling the woman everyday at home and asking her to pay or seek out friends and family for money, but they are calling her past places of employment as well as relatives! "

That's what you get for being so snotty. YOU re-read it more slowly.

22 posted on 02/08/2010 10:28:52 AM PST by Trust but Verify
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To: hsmomx3
Contact a bankruptcy attorney and provide them with his phone number. Big businesses do it and get bailed out.
23 posted on 02/08/2010 10:29:55 AM PST by pennboricua
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To: Niteranger68
They did their part by loaning you money

Then they made a mistake too. Polonius: "Neither a borrower nor a lender be."

24 posted on 02/08/2010 10:31:26 AM PST by gusopol3
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Comment #25 Removed by Moderator

To: Niteranger68
They did their part by loaning you money, do your part by paying it back.

but she doesn't have the money to pay it back at this time... so the question is, do they have the right to call employers, past employers and relatives?

26 posted on 02/08/2010 10:33:52 AM PST by latina4dubya ( self-proclaimed tequila snob)
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To: hsmomx3
A debt collector MAY NOT (despite what they say):

Contact a third party about your debt for any purpose other than to locate you.
Identity the debt collection company name to a 3rd party without being expressly asked.
Disclose to a third party a debt is allegedly owed.
Communicate with a single third party more than once.
Communicate or or attempt to communicate with you at inconvenient times or places.
Contact you at work after being told not to.
Communicate with you after receiving a letter from you

(a) with a request they cease and desist all contacts or
(b) that you refuse to pay the debt.
Engage in harassing, oppressive or abusive conduct.
Use or threaten violence or other criminal means, or use obscene or profane language.
Cause your telephone to ring repeatedly or continuously.
Use false, deceptive, or misleading representations or methods, including but not limited to

(a) falsely representing it is affiliated with the United States or any State; (b) falsely representing the character, amount, or legal status of the debt;
(c) falsely representing or implying that nonpayment would result in arrest or imprisonment or the seizure, garnishment, attachment, or sale of property or wages;
(d) threatening to take an action against that cannot be legally taken or that was not actually intended to be taken;
(e) falsely representing or implying that you committed a crime; or
(f) communicating or threatening to communicate false or likely false credit information.

Use unfair or unconscionable means in an attempt to collect a debt, including but not limited to:

(a) trying to collect an amount not expressly authorized by the debt agreement/contract or other applicable law;
(b) threatening to or actually depositing a postdated check prior to the date on such check; or
(c) taking or threatening to take money or property where there was no present right.
Continue to contact you after receiving your cease and desist or request for validation letter.
Force you to pay the debt prior to expiration of your 30 day right to dispute.
Sue you except in the county you signed the contract, you live or own property that is the subject of the debt.
Falsely represent themselves as attorneys.
ALSO, A debt collector MUST (despite what they say):
Provide the notices required by 15 USC § 1692g either in the initial communication with you or in writing within 5 days after.
Notify you in the initial communication it is "an attempt to collect a debt and any information obtained would be used for that purpose."
Notify you during each collection contact the communication was from a debt collector
Disclose the caller’s individual identity in every telephone call to you.

27 posted on 02/08/2010 10:34:52 AM PST by VeniVidiVici ("Bring out yer dead! Bring out your dead!" - Cries of a Navy Corpseman)
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To: hsmomx3

Why doesn’t your best friend help out his/her mother?


28 posted on 02/08/2010 10:35:01 AM PST by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: HD1200

I’m not suggesting she evade them, nor am I suggesting she not pay her debt. I’m suggesting she not permit them to engage in illegal debt collection practices. Your advice in #6 is accurate, and I pretty much said the same thing. Debt collectors aren’t allowed to call other people and talk to them about your financial situation. If they do, you should report them to the FTC.


29 posted on 02/08/2010 10:36:17 AM PST by Hoffer Rand (There ARE two Americas: "God's children" and the tax payers)
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To: 2banana

My friend has helped but now that the economy has taken a nosedive and my friend will be losing her job in a month, she has to do what she has to do as well.

Her mom was paying her bills and then the economy turned sour and business got a lot slower.


30 posted on 02/08/2010 10:44:24 AM PST by hsmomx3 (HERE WE GO STEELERS, HERE WE GO..........)
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To: hsmomx3

Easy target.

I bet they don’t call the ‘elite’ that don’t pay their taxes
and may be behind on a few other bills.


31 posted on 02/08/2010 10:52:04 AM PST by TribalPrincess2U (demonicRATS ... taxes, pain and slow death. Is this what you want?)
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To: HD1200

Sorry, they DO call family and friends. It has been done to me
SEVERAL times by the same company.


32 posted on 02/08/2010 10:56:10 AM PST by TribalPrincess2U (demonicRATS ... taxes, pain and slow death. Is this what you want?)
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To: HD1200
You are correct. However, many of the most sleezy of creditors will sell and resell debt to multiple collection agencies who can then make the claim that they were never told to cease contact by phoning.

They can also call you at work if you are an owner or a principal of the company.

And, unlike some of the ignoramuses on this board claim, you are not required to borrow money from friends, relatives, or even your 401K or IRA (except under certain circumstances) to repay them. A lot of credit card debt is manufactured by the creditors themselves by outlandish interest rates (30% plus), multiple fees and other such gimmicks.

Decent creditors (American Express) will often negotiate low or even no interest rates for a time to get you accelerate their payments.

The financial gurus always say to pay off your higher interest rate debt first. If you are getting near to the point that bankruptcy is your only alternative, this is where you have to do just the opposite.

33 posted on 02/08/2010 11:01:02 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Jewbacca

“Dear Creditor:

In accordance with the Fair Debt Collection Act, please do not contact me by phone, mail, e-mail, or otherwise regarding the above alleged debt.

If you do contact me, I will report your violation of the Fair Debt Collection Act to the appropriate state and federal authorities.

Thank you very much.”

________________________________________

The creditor may contact you by mail. It is NOT a violation of the FDCA.

And if you do take this approach, expect mail from the creditor and their attorney.

“See you in court”.


34 posted on 02/08/2010 11:07:25 AM PST by Responsibility2nd (Free Republic. The BEST place anywhere to PIMP YOUR BLOG)
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To: Responsibility2nd

They seldom sue.

Add this line:

“I dispute the validity of the debt, but even if I did not, I have no means of paying it. I have no money or means to obtain money.”

They won’t bother.


35 posted on 02/08/2010 11:12:07 AM PST by TheThirdRuffian (Nothing to see here. Move along.)
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To: Hoffer Rand

“No. They are legally not allowed to discuss her finances with anyone other than her. She should document names, dates, etc, and report them to the FTC.”

They cannot divulge confedential information, but they absolutely can ask around to find (/indirectly pressure) you.


36 posted on 02/08/2010 11:14:08 AM PST by Tublecane
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To: TheThirdRuffian

“I dispute the validity of the debt, but even if I did not, I have no means of paying it. I have no money or means to obtain money.”

They won’t bother.

______________________

They will send you a copy of the note or contract you signed. Validity is proved.

Do you own property? A home? Do you live in a garnishment state? Do you owe them more than $5000?

They will sue.


37 posted on 02/08/2010 11:15:34 AM PST by Responsibility2nd (Free Republic. The BEST place anywhere to PIMP YOUR BLOG)
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To: Responsibility2nd

I doubt it.

Most property is protected (homestead, car, personal effects).

Most states they can’t garnish current wages.

They are businesses. They are not going to waste money on an attorney if they can’t collect it.

They seldom have the original note, to boot.


38 posted on 02/08/2010 11:18:35 AM PST by TheThirdRuffian (Nothing to see here. Move along.)
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To: hsmomx3
Fair Debt Collection FTC

A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it.

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

There's more at the link.

39 posted on 02/08/2010 11:22:13 AM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: gusopol3
Then they made a mistake too. Polonius: "Neither a borrower nor a lender be."

Then in fairness, shouldn't they be able to come confiscate enough of your material wealth to equal what wasn't paid back?

40 posted on 02/08/2010 11:40:52 AM PST by Niteranger68 ("Obama voters will pay dearly!")
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To: SycoDon
I agree. Person or business....if you borrow it, you pay it back.
41 posted on 02/08/2010 11:42:20 AM PST by Niteranger68 ("Obama voters will pay dearly!")
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To: latina4dubya
I understand she doesn't have the money. It's just grossly ironic that FReepers are giving advise on how to avoid creditors.
42 posted on 02/08/2010 11:44:43 AM PST by Niteranger68 ("Obama voters will pay dearly!")
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To: Niteranger68

I can’t stand creditors.

I got chased for medical bills for years that were not mine -— because I was in the hospital at the same time as someone with a similar name.

It was a complete pain in the ass and made me despise the profession as they knowingly lied to me, lied to my wife, etc.


43 posted on 02/08/2010 11:54:39 AM PST by TheThirdRuffian (Nothing to see here. Move along.)
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To: TheThirdRuffian

Well obviously the creditors in your case were in the wrong because you didn’t owe the money. Shame on them. But for people who do owe money, it’s hard for me to find any sympathoy when a creditor is dogging them.


44 posted on 02/08/2010 11:59:49 AM PST by Niteranger68 ("Obama voters will pay dearly!")
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To: HD1200

They still call for folks at my work no matter how many times we tell them not to call. Guess we’ll have to get their name to actually do something about it.


45 posted on 02/08/2010 12:26:49 PM PST by peggybac
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To: Niteranger68

Well obviously the creditors in your case were in the wrong because you didn’t owe the money. Shame on them. But for people who do owe money, it’s hard for me to find any sympathoy when a creditor is dogging them.
- - - - - - -

Until you walk a mile in their shoes.


46 posted on 02/08/2010 12:40:04 PM PST by carolina71
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To: Niteranger68

Sure, if they’ll settle for that.


47 posted on 02/08/2010 3:37:02 PM PST by gusopol3
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