Why Do Debt Collectors Contact Family Members?
If a debt collector is trying to reach you without success, they will use other means to get in touch with you. This may include contacting family members to find out the best way to communicate with you. It is easier than you think for debt collectors to find your family members. They use many of the same methods to locate your family that they use to find you. For example, debt collectors can easily find your family members if you shared a previous address. The internet has made it easier than ever to find these connections with just a few clicks.
Is It Legal?
It is not illegal for debt collectors to contact your family members. The Fair Debt Collection Practices Act allows debt collectors to contact other people to find you, but there are limits on what can be said. Debt collectors can only contact your family members to locate you, not to collect money owed, and they are typically allowed to contact only one person.
Specific Restrictions on Content
There are few notable exceptions where a debt collector may legally discuss your debt with a family member, including your spouse and your parents if you are a minor, and your financial guardian or executor of your estate. If the collector shares details of your debt with any other relatives, they are violating the law. You have the option to sue the collection agency that violates this law.
How to Prevent Debt Collectors from Contacting Your Family
Since the collector’s ultimate goal is to get you to pay your debt, one of the easiest ways to stop them from contacting your family is to pay off the debt. Only do this if you are certain that the debt is truly yours and have reviewed your budget to ensure you can afford to pay it.
Don’t try to dissuade collectors from contacting your family by promising to pay if you can’t actually do so. A repayment agreement will reset the time frame of the debt (the period after which the debt cannot be collected), and violating the defaulted agreement may escalate the collector’s efforts to collect.
You can request that the debt collector stop contacting you about the debt, but you must make the request in writing by sending a cease-and-desist letter.
If you are already in contact with a debt collector who threatens to inform your family about your debt, they are breaking the law. You can report a debt collector who violates your rights regarding your debt to the Consumer Financial Protection Bureau (CFPB). Ultimately, you may want to consider speaking to a lawyer about filing a lawsuit against a collection agency that may have violated your rights by informing your family members of your debts.
Frequently Asked Questions
How can I pay a debt collector?
The first step in paying a debt collector is to verify that the debt you owe is owned by the current collector. If the debt collector legally owns the debt you owe, you may be able to negotiate a payment plan. Debt collectors may be willing to accept less than the full amount of the debt, but that depends on your negotiation. You may want to hire a lawyer if you are dealing with an aggressive debt collector or if you want help negotiating a payment plan. If you wish to pay the full debt and have the funds available, just ask the debt collector where to send your payment.
How long can a debt collector pursue an old debt?
The statute of limitations for old debt depends on the type of debt and the state’s laws related to that type of debt. You can generally expect a statute of limitations for debt to be between three and six years, but some debts can be enforceable for over a decade. Unpaid debts do not necessarily follow the same timeline with credit reporting as they do with debt collectors. Most negative credit records will fade from your report after seven years.
Source:
https://www.thebalancemoney.com/can-debt-collectors-contact-relatives-about-my-debt-960578
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