Collection Efforts by Creditors

Check out the informational video on what creditors can and cannot do when they are trying to collect a debt from you, especially once you file your chapter 7 bankruptcy case. If you are currently being harassed by creditors, contact our office today for a free consultation to discuss your options!

Your Rights During Debt Collection

If you are behind on debt and a debt collector contacts you, know that you have certain rights. 

  • You have a right to verify your debt.
    • Ask for the name of the person contacting you, the name of the company, their address, and phone numbers.
    • Also ask what the amount is, the creditor, and how to dispute or verify the debt.
    • You should have this information in writing before you go ahead and pay off the debt.
  • You have a right not to be harassed.
    • Collectors can only contact you during reasonable hours and use professional language when communicating with you. Making threats or abusive language is a violation of the law.
    • You can tell them not to call you, and they must comply by law. However, they can still contact you through other means.
  • You have a right to dispute incorrect debt. 
    • If you do not believe the debt is yours, you have a right to dispute the debt. Write to the collector and request not to be contacted.

If the collector is harassing you and violating your rights under the Fair Debt Collection Practices Act, you may be able to take legal action and hold them accountable. 

What Debt Collectors Cannot Do Legally

  • Call you before 8am or after 9pm
  • Use profanity when talking to you
  • Give you false information
  • Tell you that you owe more than you actually do
  • Say you will be arrested or threaten jail time if you do not pay
  • Tell your boss about your debts or visit your workplace
  • Threaten to tell everyone about your debts

What Debt Collectors Can Do Legally

  • Repossess your car for non-payment
  • Obtain a wage garnishment order to collect debt
  • Contact you by phone, fax, or email unless you tell them to stop
  • Call you within reasonable hours, such as between 8am to 9pm
  • Call you at work (but they cannot visit your workplace or identify themselves as debt collectors)
  • Contact some family members once (repeated attempts can be a violation)

Bankruptcy Can Put a Stop to Collection Calls

If you are being overwhelmed with creditor calls about your debts and want to put a stop to it, filing for bankruptcy can help. The moment you file for bankruptcy, the courts will issue an automatic stay which puts a stop to all collection efforts, including calls and foreclosures. Learn more about the bankruptcy process and whether filing for bankruptcy can be the right solution for you.

Call today to request your free consultation.

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