Skip to comments.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?
THREATEN TO SUE AND ASK FOR LEGAL BUSINESS ADDRESS
it cuts down calls a lot
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.
Why can’t the Son help her with the debt?
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.
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.
Check the forums out. It might give you some info.
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.
3 tips on how to evade debt collectors already.
I am starting to wonder if I am at DU!
Get the address and send a “no contact letter”
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.”
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.
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.
The Bud Hibbs website has some good info about how to combat debt collectors. http://www.budhibbs.com/
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.
“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.
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.
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.
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.
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