Collector talking to husband

2004grits: I am sorry to say, that they can legally speak to your husband about your debt. Here is the law:

Collectors sometimes threaten to take actions that are clearly violations of the fdcpa. You should know:
They cannot send you to jail, seize your wages without a court judgement, or threaten your children
Collectors cannot publish your name or talk to a third party such as neighbors, relatives, friends or an employer unless you or the court have given permission. They can, however, talk to a spouse, an attorney, a creditor, credit reporting agencies, a co-signer, or a parent if you are a minor.
A collector may not call you at unusually early or late times (before 8 a.m. or after 9 p.m.) or at your workplace to harass you.
Collectors cannot use obscene or insulting language, make false threats, or engage in any other forms of deceptive conduct or unfair harassment

I 99% certain that there is one state that prohibits this action. I believe it is Massachusetts, although I could be mistaken.

How aggravating. It's only a credit card that I forgot to pay and is 30 days over due, but it just doesn't seem right that they should be able to tell him amount due, the last four digits of a my checking account that I have used when paying by phone, etc.

I believe, and I am saying this with the utmost respect for Morningstar, but Federal Laws supercede state laws, states can only add to it. Do not qoute me though, because I am wrong a lot too.

Thank you, Anthony, it's not that Fed. law trumps State or vice versa, but, at least, regarding 3rd party collections...the more restrictive law prevails.

If the account is only 30 days past due, the credit card company should be easy to make arrangments with.

Collection is already involved on 30 days past due? Thats premature isn't it?

It surely cannot be at an agency if it is only 30 days past due. It doesn't make sense to send an account only one billing cycle behind... since they are charged commission and all to have the agency collect on it. With few exceptions, most accounts in collections are charged off. I'd double-check how long you haven't paid on the card.

Now if her husband isn't an authorized user and the state is community property, like California is, can't the collector still disclose the debt to him? After all, half of the debt IS his, right? Just throwing this point out to the group...

I do beleive creditors are allowed to speak with a spouse on any financial info long as they are in the same residence.Since this is only 30 days past due,I would seriously doubt an outside agency is involved so the federal fdcpa would not apply.Some states have a state version that applies to everyone. This is one good reason husband & wife need to be aware of each others finances before hand so there are no suprises & another good reason to call all creditors personally if someone is to seperate or divorce to remove access to that person.