Can a debt collector speak to someone other thanthe person be suedregarding the debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a debt collector speak to someone other thanthe person be suedregarding the debt?
Debt collector talked to wife not me even though i am the one that they are suing (credit card for $20,000). Both my name and my wife’s names are on the account. For some reason they are just suing me. I have not spoken to them yet; my wife has taken the calls and talked to them. Since the lawsuit is against me is it legal for them to discuss everything with my wife without my giving consent?
Asked on September 11, 2010 under Bankruptcy Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally under the Fair Debt Collection Practices Act, a non debtor can be asked for the debtor's whereabouts but the substance of the debt could not be discussed,. In terms of your debt, both you and your wife are on the credit card, so the possibility that the creditor can speak with your wife is high. It may not be illegal or against the Fair Debt Collections Practice Act. As long she is named on the credit, they can speak with her. They can choose to simply sue you; it may be an oversight or if you are on a single income, they may have simply chosen to sue the one with the income that could be garnished.
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.