Can my personal debt be publicly announced in the newspaper without my permission?
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Can my personal debt be publicly announced in the newspaper without my permission?
This has recently happened. I thought it was illegal to disclose personal debt or unpaid balances to be printed in press or announced publicly. Can the place of business get into trouble?
Asked on July 21, 2011 Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no general law saying that a personal debt may not be publically disclosed, though there may be situations in which it is improper. If the disclosure was factually incorrect in a negative way--for example, the announcement claimed you owed more than you do--you may have a cause of action for defamation. On the other hand, if there has been a judgment against you (e.g. they sued you and won, or you defaulted in the lawsuit), then that, like other court documents, is public information and there is no liability for disclosing it. For a more definitive answer, you may wish to resubmit your question with additional detail: e.g. whether there is or is not a judgment; or if not a judgment, has a lawsuit been filed or not; is the amount listed correct or incorrect; is it the original creditor or a third-party collections agency disclosing the information; etc.
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