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Does the Fair Debt Collection Practices Act apply to civil court judgements?

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Does the Fair Debt Collection Practices Act apply to civil court judgements?

Postby marmion » Fri Dec 16, 2011 3:31 am

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"?
marmion
 
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Does the Fair Debt Collection Practices Act apply to civil court judgements?

Postby sampson » Fri Dec 16, 2011 3:38 am

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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Does the Fair Debt Collection Practices Act apply to civil court judgements?

Postby larenzo » Fri Dec 16, 2011 3:52 am

No, it doesn't apply because a court judgement is an ORDER they can't ignore, and you are legally authorized to "enforce that judgment through abstract, execution, and ANY other process."

EDIT

Well, you have the right to say "I sued that person, for X reason and I got a judgement on my favor, stating 'Y' and Z". It's public record, and if it's true is not libel or slander.

Harrasment? It depends on what you do, and what are your "REAL" intentions.

Do you want to make HONEST warnings? (Like warning about some scam.)
Or, is your real intention is to harass the person and make his/her life miserable for personal reasons?

You already WON. So don't ruin it by going too far.
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