Lately, your phone has been ringing non-stop. Your credit card company is calling and wants to know when they are going to get paid. Even worse, they’ve started calling you at work. Can they talk to your boss or co-workers? Human resources? It depends.
Generally, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court, or as reasonably necessary to execute on a judgment, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
However, the Fair Debt Collection Practices Act allows debt collectors to talk to any person other than the borrower for the purpose of acquiring location information as long as he:
- Identifies himself, states that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
- Does not state that such consumer owes any debt;
- Does not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
- Does not communicate by post card;
- Does not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
- After he knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.
The best way to avoid any communication with a debt collector is by writing to them that you do not want to communicate with them. The downside, though, is that the next time you hear from them may be in a lawsuit. If you want to resolve the debt, try talking with them.
Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule bankruptcy consultation at a time that is convenient for you.
Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.
photo: http://www.flickr.com/photos/elyonline/ / CC BY-ND 2.0
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11. February 2010 at 2:33 am
Great post! The article is very interesting and informative. Thanks for providing the tips. Yes, if we are having any credit card debt or loan debt. Then obviously, the debt collector company will be in search for you if you didn’t pay the debt at in exact time. That is the moment where people can’t take rest a single minute of their time. So, it’s better to talk with the debt collector properly and try to resolve all the problem.