Happy Stitcher
07-02-2003, 06:43 PM
We are in the process of evaluating the potential of bankruptcy. I lost my
job over a year ago (made $100,000+), and we haven't been able to pay credit
card bills for 6 months. We've made our car & mortgage payments, and
basically have no other money to pay for any of the credit cards we had
(thousands of dollars worth). Recently we had calls from several of our
neighbors (whom we don't even know) that this credit collection agency is
contacting them to "get in touch with us". Is that legal? Can they call
people we don't even know? They also talked to my husband today and
threatened to call his employer and tell them he was breaking the law by not
paying the credit card. First, it's not breaking the law that I'm aware,
and second, can they call your employer? thanks for any help. JW
Styro
07-02-2003, 09:17 PM
Actually, I think there is law somewhere that says that if you tell
your creditors that they can-/may- not call your employers, neighbors,
relatives (,etc.) than they legally cannot call those people. If,
after your bk, those employers, neighbors, relatives (,etc.) want to
pay for a bk record search and copy, then that is ok, but a creditor
airing your dirty laundry is definitely very wrong.
Just remember, if you do file bk, all those calls will stop. If the
calls don't stop, your lawyer will make them stop. Personally, I would
love to hear my lawyer tell a creditor "stop harassing my client or
start writing checks for $50 million to him...your choice".
-- Styro
On Wed, 2 Jul 2003 21:43:37 -0400, "Happy Stitcher"
<HSr@NOSPAMeasynews.com> wrote:
We are in the process of evaluating the potential of bankruptcy. I lost myjob over a year ago (made $100,000+), and we haven't been able to pay creditcard bills for 6 months. We've made our car & mortgage payments, andbasically have no other money to pay for any of the credit cards we had(thousands of dollars worth). Recently we had calls from several of ourneighbors (whom we don't even know) that this credit collection agency iscontacting them to "get in touch with us". Is that legal? Can they callpeople we don't even know? They also talked to my husband today andthreatened to call his employer and tell them he was breaking the law by notpaying the credit card. First, it's not breaking the law that I'm aware,and second, can they call your employer? thanks for any help. JW
As far as I'm aware, and I'm NOT a lawyer, CAs cannot call your neighbors to
"get in contact" with you, nor can they call your husband's employer and
tell his employer that he's breaking the law by not paying his credit card
bills. Both of those actions constitute harassment. And anyway, failure to
pay your CC bill is NOT a crime.
....at least, not yet. Give Congress a few more years and let the Credit
Lobby get more bold after successfully pushing the Bankruptcy Reform Act of
2003 through Congress, and you MIGHT see the resurrection of Debtors' Prison
and the criminalization of insolvency.
In the words of Brett Weiss, "Sounds like you might have a dandy of a
lawsuit against those creditors for violations of the Fair Debt Collection
Practices Act"... <g>
PWB
"Happy Stitcher" <HSr@NOSPAMeasynews.com> wrote in message
news:MHLMa.7565$AK1.911@fe04.atl2.webusenet.com... We are in the process of evaluating the potential of bankruptcy. I lost
my job over a year ago (made $100,000+), and we haven't been able to pay
credit card bills for 6 months. We've made our car & mortgage payments, and basically have no other money to pay for any of the credit cards we had (thousands of dollars worth). Recently we had calls from several of our neighbors (whom we don't even know) that this credit collection agency is contacting them to "get in touch with us". Is that legal? Can they call people we don't even know? They also talked to my husband today and threatened to call his employer and tell them he was breaking the law by
not paying the credit card. First, it's not breaking the law that I'm aware, and second, can they call your employer? thanks for any help. JW