FAQ: Are debt collectors and creditors allowed to call your friends, family or neighbors?

Susanne Robicsek
Charlotte NC Consumer Lawyer
1701 Scott Avenue, Charlotte NC 28203
(704) 377-0776

NC Bankruptcy Lawyer in Charlotte North Carolina for Chapter 7 / Chapter 13

Are creditors and debt collectors allowed to call your family, friends or neighbors?
 
The short answer to this is "yes they can" but that doesn't mean that they can tell people about your debts.  Creditors are allowed to call people for the purpose of locating the debtor, but they are not allowed to reveal any personal information about the debtor or the purpose of the call.  However they must identify themselves as a debt collector, so people often conclude that you probably owe someone some money.  If asked, they must reveal the name of the company that they work for. 
 
While the Fair Debt Collection Practices Act (FDCPA), does allow creditors to try to locate your home or work address, it protects you from certain actions by creditors and debt collectors.   The creditor is not allowed to give out any details about your account number or tell anyone that you are late your payments.  The collector can not give out any information about you except for your name and address, and they can't ask the person to give you a message.   However they call with the hope that the person will come to you and tell you that they called looking for you.  They want you to be embarrassed by the fact that they called since they want you to pay them to keep this from happening again.
 
Chances are that if collection efforts get to the point that collectors are calling your friends and neighbors, you probably should speak to a bankruptcy lawyer about your bankruptcy options.  Many bankruptcy lawyers can talk to you about the whether or not your rights have been violated by your creditors, or provide ways to help you stop the calls completely. Bankruptcy can stop all calls from collectors and either wipe out most unsecured debts in Chapter 7, or put you into an affordable repayment plan in Chapter 13 that can reduce the debts substantially or spread out debts over time.  Regardless, the creditors must leave you alone.
 
 
 

The Law Office of Susanne M. Robicsek
1701 Scott Avenue Charlotte North Carolina 28203
phone:704 / 377-0776
fax: 704 / 377-0775
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion; Personal opinions may also be expressed. No attorney-client relationship is created by this message; Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area.
 
The Law Office of Susanne M. Robicsek is
a Federally Designated Debt Relief Agency
under the Bankruptcy Code.
I file bankruptcy cases for people in financial need,
and have been doing so since 1989.
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