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WHAT IF I’M BEING CONTACTED BUT MY FRIEND/FAMILY MEMBERS ACTUALLY OWES THE DEBT?

  • Jared Hartman, Esq.
  • Posted on February 2, 2014

 

Debt collectors often contact friends and/or family members of the person who actually owes the debt, and this is called “third party contact”. Third party contacting is usually done in an effort to obtain contact information for the person who actually owes the debt (called the debtor), to use the friend/family member to get the debtor to pay the debt, or even sometimes in an effort to the get the friend/family member to pay the debt themselves! Both you, as the third-party, and the debtor may be able to sue the debt collector depending on what the debt collector states in the phone call.

If the debt collector informs you as the third party that the person they are trying to contact owes a debt, that is a violation and the debtor can sue for monetary relief and a court order to stop the calls.

If the debt collector is contacting you as the third party in an effort to obtain contact information for the debtor, and if we can prove that they already have that person’s contact information, that is a violation of your rights as a third-party and you can sue for monetary relief and a court order to stop the calls.

If the debt collector calls you as the third party more than once, or if they try to urge you to notify the debtor to call them back, or if they lie to you in any manner, then that is a violation of your rights as the third party and you can sue for monetary relief and a court order to stop the calls.

Bottom line, the ONLY legal reason for a debt collector contacting you as the third party is to call you ONE TIME to request contact information for the debtor, but they have to walk a very fine line because they also cannot inform you that the debtor owes a debt. If you have been contacted by a debt collector looking for a friend or family member, you should contact us immediately for a free and confidential consultation to discuss whether your consumer rights have been violated.