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The FDCPA does not specifically prohibit a creditor or debt collector from contacting a relative of a debtor, a relative being defined as parents, siblings, etc.
A creditor or collector may contact a relative to try to establish the whereabouts of the debtor but they cannot discuss the debtor's financial status. The relative who is contacted has no legal obligation to give out any information nor even to speak with the caller and has the right to insist that they not be contacted again.
A creditor or debt collector may not contact anyone at unusual times and/or multiple times that could be construed as excessive.
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What is the right to notify a debt collector in writing to have no further contact with you is covered by the?
The right to notify a debt collector in writing to cease further communication is covered under the Fair Debt Collection Practices Act (FDCPA). This request, commonly known as a cease and desist letter, requires the debt collector to stop contacting you except to inform you that further efforts to collect the debt have ceased or that specific actions may be taken.
Does a debt collector have the right to contact you at any time of day or night?
No, a debt collector cannot contact you at unreasonable times. They are generally restricted to contacting you between 8 am and 9 pm, local time. If they contact you outside of these hours, they may be violating the Fair Debt Collection Practices Act.
Can an Ohio debt collector garnish your spouses income in Michigan if the debt was originated in Michigan-Are they bound to Ohio law or Michigan law?
In this situation, the Ohio debt collector would need to follow Michigan law regarding garnishment of a spouse's income, as Michigan law would apply to the state where the income is earned. The debt collector would not be bound to Ohio law in this case. It is important to consult with a legal professional familiar with both Ohio and Michigan laws to understand the specific implications and requirements.
How many times can a debt collector call?
There is no specific limit on how many times a debt collector can call you in a day, but they must follow the Fair Debt Collection Practices Act (FDCPA) which prohibits them from engaging in harassment or abuse while trying to collect a debt. You can request in writing that they only contact you through certain means or at certain times.
Can a debt collector threaten with felony charges?
No, debt collectors cannot threaten you with felony charges. It is illegal for debt collectors to falsely represent the consequences of not paying a debt, including threats of criminal charges. If a debt collector engages in this behavior, you can report them to the Consumer Financial Protection Bureau.
Can a debt collector serve a relative with a summons for the debt of another relative if they live at the same location?
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Can a debt collector have the right to harass you at work?
A debt collector has no right to "harass" you at all. They do have the right (not withstanding some state's specific laws) to contact you at your place of employment in an attempt to collect the debt. You do have the right to request they do not call your place of employment and they have to abide by the law. Research the Fair Debt Collection Practices Act (FDCPA) for further information.
If a relative who is on the deed to your house owes an outstanding debt can the debt collector put a lien on your house?
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How do you get a debt collector to stop calling?
"If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter - even if you don't think you owe the debt, can't repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don't want the collector to contact you again, tell the collector - in writing - to stop contacting you. Here's how to do that: Make a copy of your letter. Send the original by certified mail, and pay for a "return receipt" so you'll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt. "
Does a debt collector have the right to contact you at any time of day or night?
No, a debt collector cannot contact you at unreasonable times. They are generally restricted to contacting you between 8 am and 9 pm, local time. If they contact you outside of these hours, they may be violating the Fair Debt Collection Practices Act.
In Texas can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by tell them not to contact you again. Failure to honor your request would be a violation of the law.
What information can you gather from a debt collector?
A debt collector can tell you and is required by the FTC to provide you in writing the name of the person or company you owe the money to, the amount of the debt, and what you can do if you think you do not owe the debt. If you need to know more information about debt's you owe,contact the FTC.
Can a debt agency pursue a debt from a non next of kin?
if you used them as a point of contact, that person can tell the collector not to contact them again and they must do so per the fair debt collection act.
What states are non spousal states for debt collections?
There are at least 5 states where a debt collector is prohibited from speaking to a spouse: Iowa, South Carolina, Massacgysetts, Pennsylvania, and Connecticut. With Iowa there is an exception, however. If the debt collector is initiating contact then they can't speak with them but if the spouse is initiating contact they can.
What legal right does a collection agency have to collect a debt after 7 years if the debt is no longer on your credit report?
The debt being dropped from the credit report has no bearing on the collector's rights to pursue recovery of monies owed. The creditor/collector can contact the debtor seeking payment for as long as they choose. Also, state SOL's for debt(s) apply only to lawsuits, not collection procedures.
Can a debt collector contact you on Sunday in South Carolina?
Yes in all states except Idaho .
Can a debt collector continue to call after you file bankruptcy?
No, not as long as they were included in the bankruptcy. You should give their information to your bankruptcy attorney, who will contact the debt collector. If that doesn't work, your attorney will certainly know what to do next.
