While creditors must follow specific laws when it comes to collecting on debts, creditors often resort to unscrupulous collection practices which violate the Fair Debt Collection Act and risk being fined, or sued, depending upon the severity of the violation by attempting to take advantage of consumers who are ignorant when it comes to debt collection practices.
Fair Debt Collection Practices
Creditors must follow fair debt collection practices if attempting to collect on a debt. There are several laws in place governing creditor communication, including:
- Creditors cannot call and harass you throughout the day. One phone call per day is allowed, provided that they actually speak with you.
- Creditors cannot misrepresent themselves to be a lawyer, police or other governmental entity.
- Creditors cannot threaten, harass, or annoy you. They may not use profanity or threaten to sue you, garnish your wages or take other actions that they do not really plan to take.
- Creditors cannot call at inconvenient times, or contact you by telephone after you have requested that they stop calling.
Automatic Stay Violations
If you have filed for bankruptcy protection, creditors cannot attempt to collect on a debt for as long as the automatic stay is in place. Creditors that violate the automatic stay may be subject to legal action, and monetary damages. An automatic stay goes into place as soon as your paperwork is accepted by the bankruptcy court. If you are contacted by creditors after they have been informed of your bankruptcy, you may be able to pursue the creditors in court.
Bankruptcy Discharge Violations
If a debt is listed as discharged on your bankruptcy filing and a creditor still attempts to collect on the debt, you may be entitled to damages. Speak with a reputable San Bernardino County Bankruptcy Attorney and get the representation that you need in this case.
Even though creditors have a right to collect the debts they are owed, they have to collect them within the boundaries of the law. Fair debt collection practices were put into place to protect consumers like you, and you may have the right to seek damages if creditors employ abusive collection techniques.
Contact us to speak to an experienced bankruptcy attorney if you have contacted in violation of the Fair Debt Collection Practices Act. We will provide you with the legal representation you need to recover damages and prevent further abuse.