Can a reposession agent legally divulge information about my financial situation to others?

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Can a reposession agent legally divulge information about my financial situation to others?

I am leasing a car and several months behind due to medical issues. While I was recovering the lender sent an agent to my home; they were told neither I nor the car were there and that I was receiving care out of the area. Fast forward, I received a letter from the repo agent through regular post stating I am breaking the law by hiding the car, breaking X statute, and I must call immediately or I will be arrested and have my license suspended until I comply. At least 2 neighbors received an identical letters. One gave it to me. They also told neighbors I was in serious legal trouble.

Asked on June 26, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most States there are laws against unfair debt collection practices. The laws on this subject vary from State to State. In all likelihood, a repossession person for a bank may be able to legally divulge information about your financial situation to third persons if the information given is the truth. However, the degree of what is stated and its purpose, for example to pressure you, may not be proper under your State's unfair debt collection statutes assuming any are on the books.

The threat about being arrested and having your driver's license suspended is troubling. In most State's threatening criminal action against a person for a civil dispute as we have here, unpaid car payments can very well be a crime that law enforcement might want to look into, and from a civil perspective, an unfair business practice or an unfair debt collection practice in your State.

You might consider consulting with a lawyer on the subject.


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