Legal Question in Credit and Debt Law in Florida

Bank Collection

Bank of America has called two of my neighbors and left messages for me to call Bank of America. They did not tell my neighbors why but to say the least it is embarassing. I have never given anyone permission to contact my neighbors. Is calling and leaving messages with my neighbors legal ?


Asked on 3/18/09, 8:56 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Bank Collection

It's legal so long as they don't disclose that they are attempting to collect a debt.

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Answered on 3/18/09, 9:04 pm
Angelo Marino Angelo Marino Jr. PA

Re: Bank Collection

see www.ConsumerLawyerHelp.com for law on issue.

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Answered on 3/18/09, 9:13 pm
Raymond LaBella LaBella Law, P.L.

Re: Bank Collection

The most common reason larger creditors, like the Bank of the Northern Hemisphere, call neighbors is for skip-tracing. Skip-tracing is an industry term that describes the creditor's search for a debtor with whom they have lost contact. This can be because you changed phone numbers and haven't updated them, or you just have been letting your calls roll to voicemail a lot lately.

The easiest ways to deal with this problem is to call the creditor first. Keep the creditor in the loop on your situation. Once a week is usually more than sufficient to keep the callers at bay. "Hey, just calling to let you know I'm still unemployed, so no payment is coming this week. I will call you again next Monday." or whatever your case may be.

If the creditor is getting too pushy or unpleasant to deal with, send the creditor a cease and desist letter. You can request that the creditor not call you at all. This request must be in writing. The letter doesn't have to be anything fancy, just an outright demand that all communication regarding the debt be in writing. (Remember that your letter could be evidence later, so resist the temptation to tell them what you really think of them, use a matter of fact tone.)

You can check out our website for more information about your rights as a debtor, as well as information about our debt defense and debt settlement services. Log onto www.LaBellaLaw.com.

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Answered on 3/21/09, 1:32 pm


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