Bankruptcy Lawyer | Debt Collection and Your Legal Rights
Bankruptcy Lawyer . This question was recently asked to a bankruptcy lawyer, “I owe a credit card company $20,000. I think my debt has been sold to a debt collection company. The calls and debt collection efforts are relentless and have become harassing. Do I have any rights? How can I get this to stop?”
Unfortunately, there are a number of life circumstances, such as divorce, death, disability, that can cause financial devastation and may make it impossible for you to repay debts. It’s likely that if you fail to repay your debts, however, at some point the creditor may sell that debt to a third-party debt collector. If that happens, you can expect to receive letters and phones calls, some which may be harassing, as the creditor attempts to collect the debt.
Protections under the FDCPA
The good news is you do have rights. These rights are outlined in the Federal Debt Collection Act (FDCPA) and clearly state the collection practices a third-party collection agency must follow to collect debt. The law also allows debtors means to dispute and validate the debt and identifies the steps they can take to insure the debt information is accurate. Know your rights by contacting a reputable bankruptcy lawyer.
Let’s look at a few protections you have under the law:
Creditors can only contact you at certain times of the day.
If third-party debt collectors are calling you, they can only call between the hours of 8:00 a.m. to 9:00 p.m. If a collector calls you at any other times this is considered a violation of the FDCPA.
Additionally, although the creditor may call you at work, you can request that they not call. If they do call, however, they cannot notify your employer or other co-workers about your debt obligations.
Debt collectors cannot call too frequently.
Unfortunately, although the law states that a debt collector cannot “call repeatedly with the aim to harass, abuse, or annoy,” the number of calls which meet this threshold tend to be a bit subjective. For example, the courts may consider two or three calls per day fine, but may claim that eight calls are too many.
You can request that the debt collection agency stop contacting you.
All debtors have the legal right to ask the debt collection agency to stop contacting them. This can be done by hiring a bankruptcy lawyer to send a letter or sending one on your own. The letter should contain the account number, the debt collector’s name and address, and a clear statement to stop all contact regarding this debt.
It’s important to note, however, that this letter simply stops contact. It does not discharge the debt, and it does not eliminate the creditor’s right to sue you for debt repayment. If the collector decides to sue, however, they are required to notify you that a lawsuit has been filed.
The law protects you from abuse or threatening attacks.
The FDCPA rules prohibit debt collectors from threatening to send you to prison or using profane or obscene language in any of their correspondence with you. They are also barred from threatening to sue you, unless they plan to take that action.
Bottom Line:
The law does offer protections to you against harassing third-party debt collection efforts. – bankruptcyhome.com
Call attorney David Pinkston, bankruptcy lawyer, for a free consultation today: (904) 389-5880. If you are thinking about #bankruptcy, #chapter13bankruptcy or #foreclosure in the Jacksonville, Florida area, you should call attorney David Pinkston. David is very experienced with all aspects of bankruptcy law yet very personable and easy to talk to. Call Us Today! (904) 389-5880