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A bill collector contacted me tonight about a debt obtained by my husband in 1995 and last payment was 1/1998 it was an auto loan. When I asked them not to call my number any more he said that he could not do that. That this number belonged to my husband I explained to him the number was in my name and my name only he asked for a number to reach my husband I told him that was not my problem and then he let me know that my husband was a coward when I asked him for his name he told me that was my problem. When we husband called them he spoke with a manager and was informed that he could attach his assets. Their is no judgement and it is past the statute of limitaions. Are bills collectors allowed to speak to people like this and can you recommend an attorney in my area that I can speak with.
State/Country relating to Question: Arkansas Already Tried: My husband ask for the collector to say he was sorry but the manager would not put him on the phone. I am looking for an attorney in my area to handle to matter. It has caused alot of stress and been very upsetting
Thank you for your question.
This type of practice is covered under the Fair Debt Collection Practices Act. Debt collectors may not harass consumers. Harassment includes insulting a consumer by calling names, and threatening consumers with actions they don't intend to take. It appears that this debt collector may have violated this federal law, and you may be able to take legal action against the collector.
The debt collector must obtain a judgment before being able to attach any assets. Additionally, you would have a valid defense to any lawsuit filed if the debt is beyond the statute of limitations.
I cannot refer you to an attorney in particular, but you can check the listings on www.martindale.com for attorneys in your area.
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General practice experience in many areas of law