Legal Question in Credit and Debt Law in Georgia

Is a debt collector allowed to call my mothers house looking for me after being told several times i dont live there? I lived with my mother at the time of original contract.


Asked on 5/29/12, 5:04 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Generally, yes.

Now for the question you didn't ask: if you have past due bills you need to meet with a lawyer to determine what to do with the bills so your mother stops having to deal with your problems.

Read more
Answered on 5/29/12, 11:35 am

Telling them does no good and is ineffective unless you follow up with a written request. Your mother needs to write a letter specifically advising them not to contact her as you do not live there. You also need to write them a letter. The debt collector is only allowed to call third-parties for the purpose of acquiring location information. If they have your contact information and have been notified in writing of your address, then its a violation if they still call your mother.

Has the debt collector sent you a letter? Within 5 business days of calling, the debt collector must send you a letter. Did you get one? If not, this may be a violation of the Fair Debt C0ollection Practices Act. If so, did you respond? You need to tell the debt collector to only communicate with you in writing at your home address and not to call third-parties or your place of employment. You don't discuss the particulars of the debt, but if there are grounds to dispute the debt or the debt is barred by the statute of limitations then you need to do that too.

However, I agree with Attorney Ashman. It only gets worse in most cases so you need to figure out what you are going to do about the debt. Do you want to file bankruptcy? Do you have the means to resolve the debt? Don't ignore this. If the debt collector sues you and gets a judgment then they can garnish your wages or seize your bank account. They cannot do those things until a judgment is entered and made final but you need to use the time between now and then to start saving the funds if you want to resolve this debt in a non-bankruptcy context.

If you would like to discuss your situation in greater detail, I give free email conslts and charge $50 for a 30-minute phone consult. I also can resolve debts for a reasonable fee if you have the funds to accomplish settlement. Please contact me at [email protected] if interested.

Read more
Answered on 5/29/12, 1:48 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia