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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38237
Experience:  Attorney with 17 years experience
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My husband had a payday loan in a different state and they

Customer Question

My husband had a payday loan in a different state and they are having a collection in Oklahoma trying to collect. Can they do this? They are harassing my kids and parents
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If husband has defaulted on the loan, then the lender can try to contact him wherever he is or have their agent do so. If they ended up filing suit under a breach of contract claim, they would have to do so in the state where he is located so as to be able to get personal jurisdiction to force him to come to court and defend.

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So the debt collector may be trying to collect the debt first by contacting him and harassing him and then turn it over to a local attorney to file suit.

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As for the contact with your kids and parents, that would be improper under the Fair Debt Collection Practices Act and he could contact them and request that they do not contact him or family by telephone and only in writing. If he sends that request to them certified and first class mail, they have to cease this type of contact or can be sued for harassment.

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thanks

Barrister