Under the Fair Debt Collection Practices Act debt collection agencies are allowed to call your spouse. Even if your spouse doesn't owe the debt, collectors are allowed to discuss the debt with your spouse. They are even allowed to attempt to collect from a spouse under the FDCPA.
Debt collectors are not permitted to contact you or your spouse if you notify them in writing that you want them to cease communications. A debt collector that fails to cease communications after written notification is in violation of federal law.
Can Debt Collectors Call Friends and Family? Debt collectors are legally allowed to call your friends or family to try to locate you. But they cannot call these people to try to collect the payment for the debt, and they are only allowed to call once unless they believe there may be new information to be found.
The bottom line. You are generally not responsible for your spouse's credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
If a debt collector reveals your debt to a family member or friend, or if they call your family and friends repeatedly, you should contact a consumer rights attorney immediately, as you may have a claim under the FDCPA.
It is Legal for a Debt Collector to Contact Your Family
Typically, debt collectors are allowed to contact each family member, but only once. The only case where they may do so again is if they believe the information given to them was false.
Debt collectors use a process called "skip tracing" to get phone numbers and other contact information for people who owe debts. 2 They locate people who know you and get as much information as they can about you.
Keep separate bank accounts, take out car and other loans in one name only and title property to one person or the other. Doing so limits your vulnerability to your spouse's creditors, who can only take items that belong solely to her or her share in jointly owned property.
At common law, the spouse – typically the husband – was legally liable for the support of the other spouse. This right could be enforced on the spouse, either by the other spouse or by third-party creditors.
No. Under federal law, a debt collector may contact other people but generally only to find out how to contact you. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.
The first step to stopping debt collectors from calling you is telling them the 11-word phrase - “Please cease and desist all calls and contact with me, immediately.”
Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.
Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.
There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.
Financial infidelity is when couples with combined finances lie to each other about money. Examples of financial infidelity can include hiding existing debts, excessive expenditures without notifying the other partner, and lying about the use of money.
Account Access Rules
If your wife has an account that is only in her name, then you cannot access that account without her permission. You may deposit funds into it, but legally the only person who can access, withdraw or transfer funds is the person authorized to sign on the account.
Matrimonial debt on divorce
These “matrimonial” debts would typically include debts incurred to fund building work and improvements to the family home, family holidays or the family car.
In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse who incurred them. The exception are those debts that are in the spouse's name only but benefit both partners.
If a bill collector cannot locate you, it is allowed to reach out to third parties, such as relatives, neighbors or your employer, but only to find you. They aren't allowed to disclose that you owe a debt or discuss your finances with others.
Although debt collectors may use scare tactics in an attempt to make you pay your debt, their scare tactics are not always legal. Always refer to the FDCPA and report a debt collector using unfair scare tactics to retrieve your debt.
It's most likely that you've supplied it to some party in the chain, or someone who's answered a call from them on another number has given it, or it was already on file with them. There is little (anecdotal) evidence that these firms was any time/money researching their victims' mobile 'phone numbers.
By law, a debt collector is not allowed to threaten or use physical force of any kind towards you, any member of your family or a third party connected to you to try and collect your debt. They can, however, contact a family member, friend of third party to obtain location information on you.