Can a creditor contact your parents?
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Can a creditor contact your parents?
I lost a judgement in civil court for my business. Now the individual is calling my parents and emailing them. They have asked them to stop. My parents live 800 miles away from me.
Asked on August 1, 2011 Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If it is a third-party debt collector--like a collections agency hired to collect on the jugment by the person who sued you and won--then you may be able to make them stop contacting your parents. The federal Fair Debt Collections Practices Act (FDCPA) puts many limitations on what third-party debt collectors may due, and if you do an internet search for this law, you should be able to find a list of these limitions, which you can apply to your situation.
On the other hand, if it is the judgment creditor him- or herself calling (i.e. the person who sued you), you might not be able to stop him or her; people have considerably more leeway on trying to collect on their own debts than debts owed to others, and the FDCPA does not apply.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If it is a third-party debt collector--like a collections agency hired to collect on the jugment by the person who sued you and won--then you may be able to make them stop contacting your parents. The federal Fair Debt Collections Practices Act (FDCPA) puts many limitations on what third-party debt collectors may due, and if you do an internet search for this law, you should be able to find a list of these limitions, which you can apply to your situation.
On the other hand, if it is the judgment creditor him- or herself calling (i.e. the person who sued you), you might not be able to stop him or her; people have considerably more leeway on trying to collect on their own debts than debts owed to others, and the FDCPA does not apply.
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