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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37380
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I entered into a unsecured promissory note w/ an ex

Customer Question

Hello,
I entered into a unsecured promissory note w/ an ex boyfriend 9 years ago, and the balloon amount is coming due in a few months. I live in CA and during this time he has screamed at me and threaten me over the phone that he would disclose this 2 my family. I had 2 file a restraint DM against him and I have never missed one payment. His attorney sent a letter directly to my parents and disclosed the details of the note- isn't that against state law as he is considered a "debt collector" correct?! What rights do I have since I have had documentation by a counselor bc he was threatening to tell me family and then did?! Do I have rights in court if a judgement gets filed against me bc of what he's doing?!
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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His attorney sent a letter directly to my parents and disclosed the details of the note- isn't that against state law as he is considered a "debt collector" correct?!

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No, he is the original creditor. A debt collector is a third party entity that has been hired by the original creditor or bought the debt and is now trying to collect on it. They are bound under the Fair Debt Collection Practices Act. However, original creditors are not bound by the Act.

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This could be a violation of your right to privacy though and you could sue him for any damages that you can show that he has caused you. Since this was a malicious and willful act, punitive damages could apply here to set an example and deter future similar behavior.

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But as for the debt, that is a separate issue than any invasion of your privacy rights. If you aren't able to make the payment when due, he would have grounds to file suit for breach of contract.

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thanks

Barrister

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