
Could people be paying their car loans on time—natloans (Flickr.com)
Third Party Disclosure Violation Question
A friend of mine is currently just over 30 days past due on their car payment. Yesterday, a representative from my auto finance company called their mother (who they listed as a third party reference on their finance application), told her that they are behind on their car payment.
They were also advised that if they did not contact the office immediately,t they were going to lose their car, and this will affect their credit ranking, possibly giving them bad credit as well. Isn’t this third party disclosure in the attempt to collect on a bad auto debt and grounds for a lawsuit?
If so, what state would my friend have to pursue this lawsuit in? They live in Arizona, and their finance company is based in Utah and their mother lives in Georgia.
However, there are some basic eligibility criteria that one need to be fulfilled.
- The candidate must be 18 years of old or above.
- All the debt should be discharged through bankruptcy filing.
- They have to be an U.S citizen.
- If they have any credit accounts, they should be in an up-to-date status.
Third Party Disclosure Violation Answers
A. You don’t have the money to pay your car payment on time but you got funds to pay an attorney? You’d have to sue the lender in the county where they do business. The cost of filing suit would cost more than any what you’d get for the third party disclosure.
Your biggest stumbling block is proving that they discussed details of your loan with your mother. The finance company is going to say they contacted your mother in an effort to locate you and they simply left a message for you to call them. This would be perfectly legal.
If you don’t want your mother to know you are behind on your bills, pay them on time or at least call your creditors and work out arrangements if you are going to be late. Car finance companies will do things like allow you to pay interest only and just add another payment to your loan term.
B. I know that has happened to me before too. I used 3 relatives as references on my application and when I got in a bind once they called all three of them. I was so annoyed and embarrased. I wondered the same thing if that was legal but never persued it.
C. Sure it’s ground for a lawsuit, but don’t expect to get some sort of huge financial settlement out of it. The best you can expect is that a judge will order the collection firm to cease doing what it did to you.
If you want to pay an attorney to handle THAT, go for it.