QUESTION
Is it legal for debt collection/reposessor to call your mother and tell her you are a rapist to trace calls?
Asked on May 24th, 2014 on Bankruptcy - California
More details to this question:
Vehicle repossessed. Person telephoned my mom and told her I was a rapist. She almost went to the hospital and was hysterical. Is that legal?
4 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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It would not be part of the fair debt collection practices.
Answered on May 28th, 2014 at 7:02 PM
It is a clear violation of the Fair Debt Collections Practices Act and is grounds for a lawsuit against them.
Answered on May 28th, 2014 at 7:02 PM
Real Property Law Attorney serving Simi Valley, CA
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Edisson Seropian, Attorney at Law
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In general NO it is not legal. However, truth is a defends to the charge defamatory statements. My question is are u a convicted frlone dubbed as a "sexual predator" eho crimes, named and address are public information. If so, then the case needs more inquiry. If no, then your mother has a case for damages she can prove she had sustained.
Answered on May 28th, 2014 at 7:02 PM
Absolutely not. The problem is going after that type of individual or company. Even in the debt collection world, that type of comment is so outrageous that it is coming from a criminal that bought debt and is trying to collect by any means possible. You could find a fair debt collections practices attorney to go after that company, but it is more likely than not someone that can't be caught.
Answered on May 28th, 2014 at 7:02 PM