Legal Question in Credit and Debt Law in California

can a person harrass or force you to settle a dispute or pay the debt of a relative or family member when you are not at all involve on the transaction between them?


Asked on 8/22/10, 8:42 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

It depends upon the type of debt. If it can be characterized as a "consumer" debt, then the person attempting to collect the debt is governed by a set of rules referred to as the Fair Debt Collection Practices Act. That act prohibits communicating information about the obligation to a third part (meaning you). I would suggest that you contact a local attorney who specializes in Fair Debt Collection Practices Act law, and determine what might be done to stop them from harrassing you.

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Answered on 8/27/10, 9:02 am

Mr. Gibbs either didn't read your question well or is just wrong. They have no right to harass you for someone else's debt regardless of whether or not it is a consumer debt. The FDCPA rights belong to the debtor. You have a right to be free from harassment regardless of who the debtor is or what kind of debt it is. Send them a letter demanding that they leave you alone. Keep a copy. If they keep harassing you, file for a restraining order.

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Answered on 8/27/10, 10:32 am


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