Cana creditorcall my landlord and tell her that I am to going to court for an uncollected debt?

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Cana creditorcall my landlord and tell her that I am to going to court for an uncollected debt?

Asked on July 5, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally no.  A creditor must follow the fair debt collection practices act (FDCPA) when they contact not only the debtor but also the others in attempting to locate the debtor, etc.  For example. if the debtor calls your boss or your neighbor it can only be for limited information such as your present address, etc.  They can not give any information about what is happening with the account.   Familiarize yourself with what they can and can not say or do under the act by doing an on line search.  If there is a violation then you have these remedies"

  • File a complaint with the Federal Trade Commission against the collector.
  • File a complaint with your state's attorney general.
  • File a complaint with the Better Business Bureau.
  • File a civil suit in your state or federal court for up to $1,000 including damages.

  • 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.

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