My 20 year old was living with me when he opened his bank account with Bof A 2008. But he had moved out since. BofA called him 2 or 3 times over the past 6 months asking him to tell me to contact them regarding my $50,000 debt (unsecured). Is that legal? I didn`t write him down as reference, definitely he did write me down as reference. Is it ok for these banks to call your children? I am in NJ and have not filed for BK yet but I`m in a lot of trouble. Is there a regulation for this?
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Bof A called my 20 yr son
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Yes it is unlegal for the bank to disclose your debt!
However, they are allowed to call and acknowledge they need to speak with you regarding a banking matter.
Banks will do anything unethical now a days!9/22/2009 - officially filed chapter 7
11/03/2009 - scheduled 341
- COMPLETED
01/04/2010 - last day for objections
01/11/2010 - DISCHARGED & CLOSED
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The first thing you need to do is to write them and tell them to stop.
The unfortunate thing about the law is that while there may be many things that are illegal, it's not always easy or cheap to enforce your rights. But if you want to do so you need to start leaving a paper trail. You also need to start documenting where, when the calls took place, who they spoke too, and what was said.
Frankly, it's a big hassle and they know that most people won't bother.So the poor debtor, seeing naught around him
Yet feels the narrow limits that impound him
Grieves at his debt and studies to evade it
And finds at last he might as well have paid it.
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Was it a Business line of credit? If so they can call like this the rules are not the same for business debt. All of mine were business lines and around 50k each. They called anytime of the day or night it seemed."I'm old enough to know better, but too young to care"
Filed Chapter 7 January 25th 2010
341 Hearing March 4th 2010
Discharged May 10th 2010
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It was an unsecured/ personal line of credit. I am not sure what they told him, but my son called me scared out of his mind that something bad will happen to me if I don`t call them. he just wanted me to call them. I didnt realize it till the next morning why they are calling son. Well I can get phone records and will make a complain somewhere. Thank you all for your responses
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they can call if they can not get in contact with youOriginally posted by drowningNdebt View PostYes it is unlegal for the bank to disclose your debt!
However, they are allowed to call and acknowledge they need to speak with you regarding a banking matter.
Banks will do anything unethical now a days!Chapter 7 07/30/2008
341 09/17/2008
Discharge 11/21/2008
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But I didnt put his name down on the loan application. Its only because he moved in with me and he used my address & perhaps put me down as reference, I wish they would write and tell me that if I dont call them we will call your son. of course it doesnt work that way but thanks forum for your replies, it just feels good after airing out in this forum and getting replies. thank you all
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They can and will call anyone they want and identify themselves as "such and such" from the bank but they cannot mention they are collecting a debt nor the debt amount even though most people that answer the phone probably know what it is about.
You will need to send them a cease and desist notice or tell them to contact your attorney if you retained one.
For a fee they can find out all your friends, relatives, etc. Your son doesn't have to be on the account. Wecome to the information age.The essence of freedom is the proper limitation of Government
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Citi recently called me about my son. Didn't disclose an exact $ amount. I asked why they're calling me, she said because they couldn't get hold of him. And then she started to hassle me - that I must not have been a good parent, didn't teach him any moral values regarding repaying his debt, etc. I shot back with the question about why she lost her virginity when she was 14 or 15 in the back of a pickup truck. And hung up on her.
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