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Is there any reason to let creditors know where I am?

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    Is there any reason to let creditors know where I am?

    My ex husband filed a voluntary CH7 in late November 2008. About $45K of the debt he is discharging was joint debt, spread out of 2 credit cards, 2 BofA and 1 Discover.

    Both of the joint creditors are now sending bills to me in my name only to ex husband's old address, which was the last address they had.

    Should I let the creditors that don't have my address know where I am? None of my unsecured creditors either joint with my ex or in my name only have my phone #. As far as I can tell, the only account that has been turned over to a CA is a Citibank account in my name only, and the CA, GC Services is collecting for Citibank, the debt has not been sold. GC Services has already violated the FDCPA by calling my neighbor and asking them to put a note on my door because they were "worried" about me. Since this was my account in my name, they have my address and I have received mail from them, although they still felt it necessary to call my neighbor because they were "worried" LOL

    I intend to file a CH7 eventually, but need to finish school and find a job with insurance benefits first. I'm pretty much "collection proof", I was a stay-at-home mom for 18 years and have never worked more than P/T, any property I have is protected by my homestead. I would like to avoid problems, and want to do the right thing.

    #2
    GC Services has already violated the FDCPA by calling my neighbor and asking them to put a note on my door because they were "worried" about me.
    Actually, just because they have your contact info does not make that a violation. The key point is whether any of their attempted contacts have resulted in you contacting them; thus, if you have not contacted them, the actions of GC Services is NOT a violation of the FDCPA.

    For the former joint debts, I would not initiate contact as there is little upside to doing so. But for GC Services, since they do have the correct address, I would contact them. Send them a DV, wait 30 days, then send a cease and desist. By confirming your contact info, then if they contact your neighbor, you have an FDCPA violation (but in the big picture, unless you are willing to sue over the violation, its a moot point).

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      #3
      Originally posted by HHM View Post
      Actually, just because they have your contact info does not make that a violation. The key point is whether any of their attempted contacts have resulted in you contacting them; thus, if you have not contacted them, the actions of GC Services is NOT a violation of the FDCPA.

      For the former joint debts, I would not initiate contact as there is little upside to doing so. But for GC Services, since they do have the correct address, I would contact them. Send them a DV, wait 30 days, then send a cease and desist. By confirming your contact info, then if they contact your neighbor, you have an FDCPA violation (but in the big picture, unless you are willing to sue over the violation, its a moot point).
      West v. Nationwide Credit, Inc.

      Comment

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