Q What Can a Creditor Ask My Family and Friends?
As a bankruptcy office, we work with rude creditors all the time. They'll try to call you at all hours and say some pretty rough things, but it crosses a whole other line when they start contacting your family and friends without your permission.
A creditor can't disclose information about your debt to friends and family; and creditors are typically only allowed to call those acquaintances once. Further, a collection agency may not contact your family or friends if they already know how to reach you.
According to the Fair Debt Collection Practices Act (FDCPA), when contacting your friends, family or others to determine your contact information, the creditor must identify him or herself, must not reveal that you owe a debt, and may not continue to make contact unless there's reason to suspect an inaccurate response from the person they talk to.
When calling a third-party, creditors aren't allowed to reveal or discuss any details of the debt. They're also not permitted to leave a message asking you to call them. However, a creditor may discuss your debt with a spouse, co-signer, parent or guardian if you are under 18.
If you've filed a cease and desist letter instructing a creditor as to when, where and how it may contact you, a creditor may not contact your friends and family at all. Should a creditor violate the FDCPA, you can actually file a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, your state attorney general’s office, or the Better Business Bureau.
Bankruptcy protection is often the best way to stop creditor harassment. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.