Legal Question in Credit and Debt Law in New York
Confidential Information or not?
Can a debt collector call your job and speak to other co-workers about your debt, when they can't reach you?
A collector called my job and spoke with someone telling them which company they were representing and how much I owed. They also told them that they were going to garnish my check and could they speak with my supervisor or HR.
My co-worker then transferred the call to me. As soon as I got on the phone they said that they were not going to garnish my paycheck but I missed my last payment, so when would I be able to pay it.
Is this legal?
Thank you
1 Answer from Attorneys
Re: Confidential Information or not?
What you described is a probable violation of the Federal Fair Debt Collection Practices Act. You should talk to a lawyer. This kind of case is often taken by neighborhood law offices--the kind that handle small wills and divorces and personal injury--because the stakes are not all that high and the debt collector, if it loses, has to pay attorney's fees.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.