Legal Question in Credit and Debt Law in Georgia

can a colection agency just tell my wife about the account without any permission from me?


Asked on 3/26/11, 9:53 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Since you did not bother to actually tell us what was said, it is hard to give you a meaningful response.

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Answered on 3/26/11, 9:55 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

SInce you have given us no details as to what was said or the context, your question cannot be answered.

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Answered on 3/26/11, 9:59 am

The Fair Debt Collection Practices Act (FDCPA), 15 USC � 1692c says:

(b) Communication with third parties

Except as provided in section 1692b of this title, without the

prior consent of the consumer given directly to the debt collector,

or the express permission of a court of competent jurisdiction, or

as reasonably necessary to effectuate a postjudgment judicial

remedy, a debt collector may not communicate, in connection with

the collection of any debt, with any person other than the

consumer, his attorney, a consumer reporting agency if otherwise

permitted by law, the creditor, the attorney of the creditor, or

the attorney of the debt collector.

So no, a debt collector cannot discuss your debt with third-parties, including your spouse, without your consent.

That said, a debt collector is permitted to communicate with third-parties for the purpose of acquiring information about your location under 15 U.S.C. � 1692b : Acquisition of location information:

Any debt collector communicating with any person other than the

consumer for the purpose of acquiring location information about

the consumer shall -

(1) identify himself, state that he is confirming or correcting

location information concerning the consumer, and, only if

expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless

requested to do so by such person or unless the debt collector

reasonably believes that the earlier response of such person is

erroneous or incomplete and that such person now has correct or

complete location information;

Unfortunately, you did not give any details so I do not know if the law was violated or not. My advice would be to consult with an attorney who specializes in FDCPA violations, as the FDCPA carries fines of $1000 per violation. If you owe small debts, you may be able to use the violation to negotiate a settlement or even complete forgiveness of the debt.

Here is one firm, that I know of: http://www.krohnandmoss.com/

(I have no affiliation with this firm and am not employed by this firm), but there are others.

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Answered on 3/26/11, 9:45 pm


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