Question by Charles A: Does the Fair Debt Collection Practices Act apply to civil court judgements?
The FDCPA limits unscrupulous debt collectors efforts to collect a debt. But civil court judgements against debtors are public records.
“Paragraph 805: Communication in connection with debt collection – (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.”
But the court judgement states “It is further ordered that Planitiff is entitled to enforce this judgment through abstract, execution, and any other process.”
Can I warn other people (not the debtor) about a judgement against that debtor (unrepaid personal loan) without running afoul of the FDCPA? Do I have “express permission of a court of competent jurisdiction”?
I am the person who make the loan and want to help keep others from getting in the same situaton. Doesn’t constitutional free speech include discussing public records with others? If the facts are public and true and I don’t contact the debtor personally, could my warnings to others be construed as harrassment, libel, or slander? I don’t see how…..
Best answer:
Answer by IDONTKNOW
If you are a debt collector, the answer is no. Although the judgment is public record, you cannot contact third parties and disclose that information in an attempt to “warn” them. You can, however, contact third parties to enforce the judgment.
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