Can a debt collector speak to my children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a debt collector speak to my children?
A collector called while my home when my husband and I were at work (during the day). My children are 15 and 12. The collector began asking my daughter how old she was, was she alone etc. Had her in tears. Do I have recourse? Am I over-reacting?
Asked on August 4, 2011 Louisiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It was improper from a business aspect for the debt collector to be speaking with your children over the telephone other than initial pleasantries when you daughter answered the telephone and you and your husband were not home.
The caller should not have gone into greater detail than the call warranted other than asking if you or your husband were home and ask that the call be returned when speaking with a child.
Depending upon what the debt collector told your daughter beyond initial pleasantries in the telephone call could constitute an unfair debt collection practice assuming your state has laws on this subject. California does. I do not know what was said that put your daughter in tears. You do.
You might go online and do research about unfair debt collection practices and laws against such in your state to futher answer your question.
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.