If a debt collector is trying to verify the employment of an employee, is an employer required to respond?

UPDATED: Jun 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a debt collector is trying to verify the employment of an employee, is an employer required to respond?

Asked on June 9, 2011 under Bankruptcy Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, the employer is not required to respond to a simple request--whether made in person, by phone, by fax, by email, or even registered mail--for *any* information whatsoever.

However, the situation changes IF the debt collector instigates a lawsuit--i.e. sues the debtor--and then serves a subpoena on the employer. In that case, the debt collector is using actual legal process to obtain the information, and the employer would have to respond to the subpoena. Until it gets to that point, then no--the employer is under no obligation to respond, though there also is no reason why the employer could not respond, if it chose to. (Though if it does respond, it should be sure to still keep confidential or personal information confidential.)

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption