Can a debt collector speak to children?

UPDATED: Dec 15, 2011

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Can a debt collector speak to children?

A collection agency calling for ex-husband of over 10 years. They have been notified previously that he does not live here. They called and spoke with an 11 year old son and attempted to collect info on his dad when he stated he did not live here.

Asked on December 15, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is nothing legally prohibiting a third party debt collection company from calling on the telephone and speaking with children. One never knows who will actually pick of the telephone when a call is placed.

Likewise, there is nothing improper with the debt collection company's representative from making inquiries of a child about your former husband. However, if you advise the debt collector to cease all communications with you and your children at the telephone number that you have and the calls persist, the continued calls could be deemed an unfair debt collection practice under federal and state law.

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 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.

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