Question

Common for debt collectors?

Someone called my mother in law asking for my biological sister by her maiden name (she's married). Is this common for collectors to go questioning at such lengths to a woman (in California) that only typically would meet my sister (in Pennsylvania) once (at my wedding) before calling me (which they did 3 days later)? The collectors would be searching for my sister, sorry if I was confusing. But in fact my MIL nor I know if it was a collector and this is just my thought since my sister lost her job with the economy and obviously couldn't keep up with bills. When I informed my sister, she said no one contacted her yet, and was confused why, if it is a collector, they would go to my MIL, before me!

5 months ago - 5 answers

Best Answer

Chosen by Asker

Yes. Creditors are allowed to call people for the purpose of locating the debtor, but they are not allowed to reveal any personal information about the debtor or the purpose of the call. However they must identify themselves as a debt collector, so people often conclude that you probably owe someone some money. If asked, they must reveal the name of the company that they work for. While the Fair Debt Collection Practices Act (FDCPA), does allow creditors to try to locate your home or work address, it protects you from certain actions by creditors and debt collectors. The creditor is not allowed to give out any details about your account number or tell anyone that you are late your payments. The collector can not give out any information about you except for your name and address, and they can't ask the person to give you a message. However they call with the hope that the person will come to you and tell you that they called looking for you. They want you to be embarrassed by the fact that they called since they want you to pay them to keep this from happening again.

Source(s)

by Heather

5 months ago

Asker's Rating: 

Other Answers

Bummer. Sounds like you've got a handful of a problem there. Is your mother in law certain it was debt collectors? Did they identify themselves as such and did they volunteer information before requesting any? Sounds like bad practice to me for them to call your mother in law before calling you, unless there's something fishy going on, by which I mean someone is trying to harm you one way or another. Be wary of such calls, either ask that they leave a contact number for you to call back or ask them to call another time, giving you the chance to confirm it is in fact who they say they are. Good luck!

by sirinae- 5 months ago

Heather is right...what your sister needs to do is write to the collectors stating the following: under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about the collection. (if it has been turned over to a collection agency add the following): Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute. (include this): Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility. I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing. (give 2 weeks from the dated letter for them to respond)

by yodie- 5 months ago

We have someone calling for my wife's brother and it is like getting a mosquito away from you at night. They buzz in your ear then you swat at them and they come back. They are looking for one thing to get your sister, then if your sister ignores them they will come back to you. Do this next time they call say she is not here can i take a message they will leave a #, name ect. Google them by phone number or company, send them a certified letter demanding them to stop calling ____your number per the FDCPA. And if they call after that, you can sue them for 1k each call.

by bryan l- 5 months ago

They are looking for any one that may know you so they can get you on the phone. It's a tactic they use.

by Reggie- 5 months ago