Facing financial difficulty is stressful and receiving constant calls from creditors makes it more so. Once you file for bankruptcy, these harassing calls stop, but if you are only in the consideration stage and you have yet to officially file, the calls can be relentless. Though you cannot stop the calls completely without filing, you can expect creditors to follow certain legal regulations when contacting you. It is within their right to make an attempt to recover the money they are owed, but they must do so within the limitations of the law.
What You Can Expect from Creditors
If you are in a financial bind and you owe creditors money, you have likely heard every threat in the book. Creditors call at odd hours, they attempt to contact your family, friends, and employer, and they show very little consideration for your circumstances. Their goal is to collect their money and they will use any means at their disposal to do so.
When the calls you are receiving from creditors cross a line, you have the right to do something about it. If you feel threatened by the calls or a creditor has overstepped the boundaries set by the law, you should report the behavior. An experienced bankruptcy attorney can explain what creditors are legally permitted to do and offer you protection if a creditor goes beyond their legal restrictions.
Laws for Creditors and Consumers
The Fair Debt Collection Practices Act was designed to limit what creditors can do to collect a debt from a consumer. A creditor is legally restricted from:
- Contacting you between the hours of 9 pm and 8 am
- Falsely claiming to be an attorney
- Incessantly calling you
- Publishing your information onto a debt list
- Contacting you once you have requested in writing they not do so
You can also end collection calls by telling a creditor you are represented by a lawyer. When a creditor violates any of these restrictions, it is within your legal right to sue the creditor.
What Can Bankruptcy Accomplish?
In addition to the fresh start bankruptcy eventually provides, the process also stops collection calls. The moment you file bankruptcy, all phone calls, law suits, repossessions, and foreclosures halt. Specific details concerning your bankruptcy determine your future arrangements with creditors, but the harassment must stop the moment you file for bankruptcy. Your attorney will help you either discharge the debts completely or create a repayment arrangement through a court approved plan. The good news for you is that the creditors are prohibited from attempting to collect the debt at this point.
If you are tired of the harassment from creditors and you believe bankruptcy might be your best option, we can help. Contact the law office of Frank J. LaPerch, PC for information about what you can do to get your financial woes under control. Our goal is to get you through the tough times and help you build a brighter financial future.
