Husband's debt, they talked to me without speaking with him?
Its been a long time since Ive read anything in the FDCPA, but I cant remember if this is in there. A debt collector has recently gotten my work number thanks to my MIL, and has since been talking to me about my husband's debt, which was aquired before we were married. Is it legal for them to give out info to me without consent from him, or since we are married does it not matter? I know they were wrong to tell my employer that they were a friend, and to tell my sitter why they were calling, but that has been addressed.
Also, correct me if Im wrong, but they do HAVE to send something in writing, right? They are refusing.
Answers:
Since you are married they can talk to you; you can refuse to deal with them by informing them you are not responsible.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
Federal FDCPA is here:
It is not legal to give out another persons information unless your name is on the account as well. Do not pay anything without an agreement for them to wipe the debt from your credit report and get it in writing.
A debt collector can speak with either the debtor, debtor's spouse, legal representative, or power of attorney.
If you wish for them to stop calling your place of employment, tell them or submit it in writing.
You don't mention that since it is your husband's debt, then you were wrong to talk to them about it without his knowledge or permission. It doesn't matter if you are married or not. if you would have told them to speak to your husband about it, or that you would need to consult your husband before discussing such matters, then you wouldn't have a situation.
Yeah, go ahead and give me a thumbs down. I know I'm right and anything anyone says in defense is simply an excuse for doing what they shouldn't have. Who cares what the actions of the debt collectors were in this instance. They weren't speaking of your debt. Speaking to them concerning it was wrong. Believing that it was in any way your place to do so was wrong. The situation would not now exist you you hadn't. And if you remember this and apply it in the future, then you won't have similar problems. This is good and reasonable advice, whether you like it or not.
you need more info, does your husband agree that its his debt, maybe its a phone scam
you need account numbers detail
first try to get his credit report--its free at annualcreditreport.com
all you need is his SSN# and some basic info, it will list all debts, collections etc--you can get it online in 5 minutes
thats the FIRST step
It is wrong even though you are married they cannot bother you legally, unless the debt is in your name also. In Canada we now have a privacy Act which forbids this kind of business. If you live in Canada tell them this. If they call again tell them it is not your responsibility and you will take legal action if they keep contacting you at work. Good luck!!
they are not allowed to release any information to you without written consent from your husband, they must verify his signiture to be sure it is him.
I read this one day and saved it. Maybe something in it will help you. Good Luck
Sleazy new debt-collector tactics
Your rights and how to use them
Under the Fair Debt Collection Practices Act, collectors are supposed to advise consumers that they have a right to dispute the debt, but that if consumers don't do so promptly -- and in writing -- the collector can assume after 30 days that the debt is valid.
Once collectors are notified that they've contacted the wrong party or that the consumer denies owing the debt, the companies are supposed to provide proof of the debts' validity. If they can't supply the proof, collections are required by law to cease.
Of course, some collectors simply ignore laws designed to protect consumers. But debt experts say your chances of getting a collector to back off improve when you know your rights and assert them forcefully.
If you're contacted about a debt you don't owe:
Know your rights. The Privacy Rights Clearinghouse has prepared a fact sheet for consumers dealing with third-party debt collectors.
Get the name of the collector, its address and a telephone number. You can tell the collector on the phone to stop calling, but that won't preserve your rights under federal law.
Send a certified letter, return receipt requested. Make it clear the collector has contacted the wrong party, that you don't owe the debt and that you don't want to be called again.
Contact regulators. If the collector continues to call, seek help. Typically, your state's attorney general's office handles complaints against collectors. You can also complain to the Federal Trade Commission, which typically doesn't intervene in individual cases but may act if it sees a pattern of abuses.
Monitor your credit reports. If a collection agency posts a bogus debt on your credit report, dispute the item immediately with the credit bureaus. Include copies of the certified letter you sent the collector and any complaints you filed with regulators. Don't wait until you're about to apply for a loan to check your credit report; you'll want at least a few months' head start to dispute any errors.
Consider a lawsuit. Consumers can bring lawsuits against collectors that violate the Fair Debt Collection Practices Act, either on their own behalf or as part of a class action. Contact the National Association of Consumer Advocates for referrals to attorneys who handle such cases.
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