Can you answer a few Q's about debt collectors?

Question

First of all, yeah I know, PAY MY BILLS. Working on it, thanks. This is not about me, though. My first question is, if a bill collector calls for my husband, can I be the one to tell them to stop calling, even though the bill is not mine? I mean, I know it's my problem now that we're married, but the original bill is his. This one bill collector calls about 2-3 times a day. My husband works very long hours so he isn't here during business hours, therefore he doesn't have a chance to talk to the collectors himself, and I refuse to give them his work number. As for my second question, I guess I'll have to ask later because I'm running out of characters.

I didn't state this before, but my husband is paying on this debt, albeit minimally. It's a bill from before we were married, and I don't think I should have to pay on it, even though legally I know I'm obligated to. He pays what he can, even if it's $15-$20/week. I'm just tired of having to deal with such rude people when I didn't have anything to do with the original debt. I don't blame my husband because he is trying to pay, and he doesn't avoid the collectors inrtentionally.

Answer 1

First of all, I'm sorry you and your husband have to deal with this situation. Whatever might have happened to bring it about, having bill collectors coming after you sucks--and I wouldn't even wish it on my worst enemy!

That said, a verbal cease-and-desist from you probably wouldn't be enough to get the collectors to stop calling. They are trained to be VERY persistent. Most also get a commission off the top of whatever they manage to get, so they're also very highly motivated.

If you want to stop the calls, you need to write a letter explaining your situation. In that letter, stress that phone calls anywhere, at any time, are inconvenient for you, and tell them any future communication regarding the debt will be in writing, through the U.S. Mail only.

You are well within your rights to set limits on the bill collectors' activities under the Fair Debt Collection Practices Act.

Answer 2

You can tell the debt collector to stop calling and address all correspondence through the mail. You are pretty much telling them that you are not going to pay the bill. But you can tell them that.
Read this:
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Answer 3

hey sorry to hear abt r situation. I was told by a lawyer friend not to let them into the house. if you do then next time they call and noone is home, they are legally allowed to enter through open windows or back doors to sieze goods in your absence. The best thing to do is to get your hubby to contact the creditor (or the company that sold the debt to the collection agency) and try sorting out a payment plan. They are usually willing to accept really low amounts (for example one time i was paying £10 a month for a £400 credit card debt. Once your hubby arranges a payment plan the creditor will tell the debt collector to stop calling at your house.

Answer 4

Kudos to Julie for finding the federal regulations. Read that first.

Next come to this understanding:

You should pay legitimate debts as a moral and ethical guideline.

BUT

Bottom line, you don't ever really have to pay them if you don't want to, ever. They are holders of unsecured debt. This means that the most they can do is pester you. They can take you to court, and you can still ultimately ignore them even if the civil court orders you to pay.

Once you understand this, you have come to the realization that 100% of the bargaining power is yours. If they aren't nice, tell them that they will be put at the back of the line when it comes to your debts.

You would be surprised how quickly their attitude will change. Once they understand that they are competing for your limited debt paying funds, they have every reason to be accommodating.

BIGGER BUT:

Deal with them fairly. Once you understand that you have all the bargaining power, it is your responsibility to treat them fairly. If the debt was a fairly legitimate one then you definitely should try your best to pay it off.

Predatory loans are somewhat more of a gray area. If the debt is from say a "payday" loan service that charges 200% yearly interest, I would feel very little moral compulstion to pay back much more than the principal plus a more reasonable return, say 10% APR.

Answer 5

You can request a cease and desist, but you need to be aware that it can result in more extreme methods of collecting the debt in a timely manner. Such as garnishments, judgements, etc.
Instead of relying on the collectors to call your husband at work or when he's home, give him the phone number and have him take responsibility for his past mistakes.
As far as 'paying what he can', a collection agency does not have to authorize or accept any payment arrangement. They have the right to expect resolution within 30 days.
I'd wager if he went over the household budget, he'd find more funds available to take care of his debts in a more reasonable manner. Such as, cancelling 'luxury' services cable and internet services. That would allow him more monthly to take care of his past due bills. What about entertainment expenses such as meals out or movies? Those can be cut out to provide more money to pay your bills.

I recommend he talk to his credit union, family, or friends to borrow the money to pay his debt in full and then work out a payment plan to whomever will loan him the money (which will be admittedly hard if they know he has a habit of not paying his bills).
As a lasts resort, he should also look into one of those pay-day cash advance companies.

Answer 6

I do not think you are responsible for debt, married or not. They can only sue the person who made debt and not an innocent party. Like they could not garnishee your income if your husband had a judgment against him. Stay away from it and do not send them money or admit your are responsible. It will be up to the creditor to prove your responsibility. You are not responsible because you married some one with a debt.

Answer 7

They probably won't listen to you because they want to talk to your husband. You might be able to keeping telling them they have the wrong number. That might help but you gotta sound convincing.

Answer 8

Lie to them, tell them that he is no longer at your residence and you not know a number were they can reach him.