What to do if a debt collector repeatedly spoke to my husband and gave details of the debt even though his name is not on the account?
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What to do if a debt collector repeatedly spoke to my husband and gave details of the debt even though his name is not on the account?
We sent a complaint to the attorney general for harassment and privacy issues. The agency responded with this – they will stop all future calls but they have the right to talk to a spouse under the pretense that the definition of a “consumer” is to include the consumer’s spouse through the FDCPA. I looked it up and the real definition of “consumer†means any natural person obligated or allegedly obligated to pay any debt. Is the debt collector wrong?
Asked on April 20, 2012 under Bankruptcy Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The third party debt collector is correct in its definition of a "consumer" with respect to your marital situation in that under the laws of all states in this country, an obligation incurred by one spouse during the marriage is a marital obligation that both spouses are jointly and severally obligated to pay with their portion of maritial (as opposed to separate) assets.
I would still press the complaint with the attorney general against this third party debt collection company to quit harassing you.
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