Legal Question in Credit and Debt Law in Florida

Re: previous debts

Disclosure of your personal financial information to a third party is generally not allowed.

There is no recourse. There is no legal requirement - none - that requires a creditor to accept monthly payments on a past due debt. Whether you can pay, or choose to pay, the amount the collection agency is demanding of you is your decision, and you have to accept the consequences of your inability, or refusal, to pay.

Re: previous debts

They should not have disclosed your info. to a third-party.

Re: previous debts

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, a debt collector has no right to disclose any of your personal information to a third party. This is generally a violation of the Fair Debit Collection Practices Act and punishable by fine.

Your only recourse if the collection agency rejects your offer of payment is to go to court if and when you are sued and present your case to the judge. Many judges will allow lesser payments than demanded by a collection agent. Of course, your credit may have been seriously harmed by that time.

Alternatively, you may choose to retain an attorney who can try to negotiate a lesser payment for you. Often times, collection agents will show more respect to one represented by an attorney than someone who is not. My office has had great success resolving disputes over the repayment of outstanding obligations.

Scott R. Jay, Esq.