Can a debt collector speak to your spouse and not youregarding an account that is only in your name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a debt collector speak to your spouse and not youregarding an account that is only in your name?
I am being sued for a debt of $20,000 that I owe a bank. Although I am the one being sued they have yet to talk to me, only my wife. They have given her all the information of this account. Is this legal to do? It is my card not hers yet she is the only one that they have spoken with. Would I have any legal action against the law firm that is handling the matter?
Asked on September 20, 2010 under Bankruptcy Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As horrible as it sounds, some states (New York included) allows debt collectors to speak with spouses regarding delinquent accounts. But if you are unsure that your state is one of those states then ask them to send you the law that allows it. Truly it leaves a bad taste in your mouth, doesn't it. What if you and your spouse were estranged or about to separate and now your financial situation is disclosed where you did not wish it to be? You can call and ask them to note your account that they can not speak with her at all and they have no idea what you situation is. It may work; it may not. Further, in New York they ask the question: are you familiar with this account? If you say "no" then they should hang up without saying a word. Further, lawsuits are generally public records. So it is out there for all to see. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.