Can a debt collector call my ex wife? (2024)

Can a debt collector call my ex wife?

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties.

Can debt collectors call ex spouse?

They're really only supposed to call third parties if they can't reach you or don't have your contact information. They can't discuss your debt with any third party, including friend, family, or an employer or coworker. These protections are granted by the federal Fair Debt Collection Practices Act (FDCPA).

Can debt collectors call your wife?

A debt collector can contact your spouse. A debt collector can contact your parents or guardian if you are under 18 years old or live with them. A debt collector can also contact your attorney and, if otherwise allowed by law, credit reporting companies (Equifax, Experian, and TransUnion) about your debt.

Can a debt collector call your family more than once?

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. That being said, they cannot disclose why they are trying to reach your or any information about your debt.

Can a creditor come after me for my ex spouse's debts?

After a divorce, the creditors of your ex-spouse are legally allowed to place liens on assets and the incomes of both of you to clear joint debts. Since in California the courts consider the debts communal, the creditors are free to make good on what either spouse owes with shared assets.

Can I be liable for ex husband's debt?

The party responsible for debt after divorce depends on multiple factors, like where you live, any prenuptial agreements and whose name bears the loans or debt. Generally, the person who signs the loan agreement is the responsible party for not only the debt but also any late fees incurred.

What is the 11 word phrase to stop debt collectors?

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

How long before a debt is uncollectible?

How many times can debt collector call family?

Debt collectors can only call a friend of family member once

In other words, if a debt collector calls a consumer's parents, or sister, or co-worker, they cannot call again unless that person asks them to call them again.

What happens if you never pay collections?

If you don't pay a debt collector or collection agency, you'll likely face increasing efforts to collect the debt via phone calls, letters, or even social media contact. Not paying a debt in collections will also hurt your credit score. If you don't pay, the collection agency can sue you to try to collect the debt.

How many calls from a debt collector is considered harassment?

The debt collector is presumed to violate the law if they place a telephone call to you about a particular debt: More than seven times within a seven-day period, or. Within seven days after engaging in a telephone conversation with you about the particular debt.

How do I get a debt collector to stop calling my family?

Along with the aforementioned rights you have under the FDCPA, you have the right to request debt collectors stop contacting you, your place of work, or family members by: Requesting custom communication. Sending a cease and desist letter. Making payments.

What happens after 7 years of not paying debt?

The debt will likely fall off of your credit report after seven years. In some states, the statute of limitations could last longer, so make a note of the start date as soon as you can.

What states are you responsible for your spouse's debt?

If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)

Can you sue an ex spouse for ruining your credit?

You may sue your ex-husband for acts and omissions during the marriage and PERHAPS even after the marriage (or date of legal separation) which led to credit damage of your personal name. This type of case has been sued upon over and over again.

How does debt work during a divorce?

Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.

Can a wife be held responsible for husband's debt?

Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.

Can a debt collector sue my spouse?

Fortunately, most states are not community property states so your spouse cannot be pursued for your debts. Currently, there are only nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Am I responsible for my husband's debt if I divorce him?

After divorce, each of the former spouses is responsible for his or her own debt. However, it is important to be sure that any joint accounts are closed. If your ex uses a joint credit card or takes out a loan in your name, you could still be held responsible for payments.

How do you outsmart a debt collector?

What not to tell debt collectors?

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

How do I get rid of debt collectors without paying?

If you notify the debt collector in writing that you dispute the debt within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.

Why you should never pay a charge-off?

A charge-off can lower your credit score by 50 to 150 points and can also look very bad on your credit report. It signals to potential lenders that you could skip out on your debt obligations for extended periods of time.

Does disputing a debt restart the clock?

If you attempt to contact creditors and dispute the debt, your actions could cause the clock to restart, thus allowing creditors more time to take legal action against you.

Can a 10 year old debt still be collected?

Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.