I have an outstanding credit card balance that is now going through different collection agencies. A new one called the other day and I talked to the rudest woman yet. She tried to threaten to call my employer and I told her to go ahead if she thought that would help anything. But really....why would she try to scare me by threatening to call my employer? What good can that do?
2007-04-12 06:12:36 · 19 answers · asked by Jenn 6 in Business & Finance ➔ Credit
Thanks to everyone who has answered, you've really helped clear up some stuff for me. I kind of knew that they couldn't discuss my debt with my employer, but I wasn't exactly sure about how wage garnishment would work or when I can sue them. And also, I've been dealing with this for a while. I closed my bank account and have no assets in my name so that if they ever do take me to court, they won't get much. Thanks again! Hugs.
2007-04-12 06:41:39 · update #1
They are not allowed to threaten you with actions they do not plan or can not legally take. So it really depends on what she is going to tell your employeer. They are allowed to call and Verify your employement and/or income. They can not discuss anything else about your debt with your employeer or anyone else, with the exception of your spouse if you are married. If they do then they are breaking the FCRA and you can sue them for their actions.
You need to get the name of the person who called you when they called you and exactly what they said. If you find out they discussed your debt with them you can take more action. If she does call again, tell her that with the rules of the Fair Credit Reporting Act she is not allowed to discuss your debt with anybody else other than you. If she does contact your employeer you will purse legal actions against her and the company.
2007-04-12 06:27:30 · answer #1 · answered by OC1999 7 · 1⤊ 0⤋
First off, If the bill collector is a third party, and not part of the credit card company itself, then what she threatened to do is against the law.
Third party debt collectors are prohibited from contacting a third party in regards to the debt under the FDCPA law. (unless they are executing a wage garnishment order after a civil judgment has been granted)
You should report this agency and the debt collector to the attorney general in your state, by filing a complaint. You also should consult a local attorney about your rights as a debtor under the FDCPA. Collection agencies are NOT allowed to threaten actions which they do not intend to take.
Sounds like this collector was trying like heck to find your "Hot Button" that would prompt you to pay the bill that you owe. It also sounds like she may have broken a few laws in the process. You may have legal recourse in that regards now.
At any rate, It seems like you are pretty young, and getting yourself mixed up in a jam that could be a problem later on in life if you're not careful.
Please find a CCCS or budgeting seminar / class in your area. Money management is a necessary life skill, and one you will not regret having as you get older (sorry to sound preachy, It's just a lesson I have to teach on a daily basis. The hard way)
2007-04-12 06:39:34 · answer #2 · answered by Jonny Ringo 2 · 0⤊ 0⤋
In response to the person who stated that the collection agency could get the employer to garnish your wages for the payments. That is only if you live in a state that allows garnishments, alot of states, (like Texas) only allow garneshments for deliguent taxes and student loans, other creditors can not garnish your wages. In fact it is illegal in most states for any creditor to contact your employer except for employment verification. I would call the collection agency a state that if you receive any more threats you will report them. It is illegal for a collection agency to threaten you.
2007-04-12 06:35:02 · answer #3 · answered by Michael H 1 · 1⤊ 0⤋
A lot of debt collectors now a days try using intimidation to get you to pay. IT IS ILLEGAL TO INFORM YOUR EMPLOYER OF A DEBT. They can file with the court system for a garnishment of pay and depending on what state you live in they can actually just take the money right out of your bank account!! That one made me really mad and I couldn't believe it was legal.
2007-04-12 06:21:24 · answer #4 · answered by Jambi 3 · 4⤊ 0⤋
Creditors call clients employers because they know that if they start harrassing your boss, they will eventually end up getting you fired from your job. They do this all the time, i work for a debt settlement company and clients call me all the time telling me that they are receiving calls from the debt collection agencies at work and that their bosses have threatened them of laying them off.
Some clients end up getting fired.
The thing consumers do not know is that when a collection agency calls your job, that is considered harrassment. It is against the law for them to call consumers' work place.
So, if this does happen you can sue them and file for harrassment.
Hope i could help out some
2007-04-12 06:23:22 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Legally a creditor can only call an employer to verify earnings or employment, or if there is a final court judgment made on the debt.
It wouldn't help them at all to call them at this point. It was more of an empty threat. They tell you they're going to call, you imagine the worst and think you're going to get embarrassed so you pay up. That's what they're hoping. That's not what you did, so they probably won't call just to ask if you work there.
2007-04-12 06:19:45 · answer #6 · answered by Elizabeth 7 · 1⤊ 1⤋
They don't think it will help - they want to scare you into paying.
Yup - have been at a work where we got some calls like that.
It will look bad if you deal with money at work - and it's disruptive. You should try to make some arrangment or contact one of those agencies that will help you with debt, but really it's just a scare tactic.
2007-04-12 06:19:45 · answer #7 · answered by tigglys 6 · 1⤊ 0⤋
No, they can't discuss your debt with a 3rd party, such as your boss. The only way someone at your job would know is if they sued you and won a judgement. That judgement would allow them to garnish your wages, but even so, only your payroll person would know and should know not to discuss with anyone else.
2007-04-12 06:58:37 · answer #8 · answered by cardinalboy97 3 · 0⤊ 0⤋
It is illegal for them to call your employer to arrange for a garnishment, for they have to go through the court system, and it is illegal for them to contact YOU at your place of employment. They cannot cal you at work, for this is classified as harrassment. Check your local laws if they have bothered you at work, if so make this known to them the next time they call.
2007-04-12 06:22:15 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Most employers do not like to have employees that can't manage their personal finances. It may reflect in your position, job promotions or even keeping that job. Keep a record of time of call, who called, and notes on what they said. This could help if you have to go to court because of loss of job and things like that. You may need to contact a bankruptcy lawyer.
2007-04-12 06:20:17 · answer #10 · answered by bamafannfl 3 · 0⤊ 0⤋