Legal Question in Credit and Debt Law in Minnesota

Attempting to collect a debt with someone other than the debtor

I am considering filing for bankruptcy. An attorney's office called my home phone and spoke to my boyfriend regarding a collection account in my name only. They provided him with specific info on what the money is owed for, the amount and threatened to sue him. They have also mailed a letter to our home with a breakdown of the charges which was addressed to both of us. I thought there were laws that stated information could not be released to a 3rd party without my consent. Did they violate any collection laws by disclosing info to him?

I am also concerned that if I file for bankruptcy, they will go after him to collect the debt.

This outstanding balance is for unpaid daycare services for our children. I am the only one that is on the original daycare contract, so I do not think they should be able to hold him liable despite our relationship. Will the collection agency be able to collect from him if I include this debt in BK?


Asked on 3/29/09, 12:02 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Attempting to collect a debt with someone other than the debtor

1st of all: They have violated Federal law ( the FDCPA) and further have no grounds for pursuing your BF for the debt unless he is a joint accountholder.

Call or email for assistance.

You may not need to file Bky.

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Answered on 3/29/09, 12:06 pm


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