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.
What Debt Collectors Can And Cannot Do
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.
Talk To A Colorado Bankruptcy Lawyer About How To Stop Debt Collectors From Harassing You
Bankruptcy will stop all debt collector activity, including phone calls, lawsuits, and garnishments. If you’d like to learn more, we hope you’ll come in for a free, no-obligation consultation with an experienced Denver, Colorado bankruptcy attorney. You can make an appointment using our online scheduling system or by calling 303.331.3403 to set up a time that’s convenient for you.
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