Legal Question in Credit and Debt Law in Pennsylvania

Why would dept collectors go after my fathers brother for my dept?


Asked on 11/09/13, 12:15 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

It would be illegal to do that. They can call people to see if they have a good address or phone number for you, but that's it.

Both you and your uncle may have a suit against the collector for violation of collection law.

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Answered on 11/10/13, 12:36 pm

Your uncle is not liable for your debt unless he co-signed or else your uncle has the same name as you and the creditor accidentally sued the wrong party. Otherwise, there would be no explanation as to why the creditor would sue your uncle.

If the debt collector is calling your uncle, that is a different matter. It is not illegal per se. The debt collector is allowed to call third-parties, like your uncle, for the purpose of acquiring information about your location. They cannot call and harass your uncle though. A simple letter from your uncle to the debt collector advising them not to call and that he is not liable for the debt (assuming he did not co-sign) will be enough. The letter should be sent via certified mail, return receipt requested.

I would suggest that you speak to an attorney specializing in FDCPA violations and talk over exactly what is occurring to know if you have a case or not.

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Answered on 11/10/13, 5:42 pm


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