Certain collection activities are governed by the Fair Debt Collection Practices Act. This is a federal law protecting debtors against false, deceptive, misleading, unfair or unconscionable methods of debt collection by bill collectors. Examples of illegal debt collection acts are:
1) Represent or imply that nonpayment will result in arrest or imprisonment
2) Falsely represent that you have committed a crime
3) Communicate with your boss or supervisor about your debt by asking them to
pay your debt
4) Call you at home during unreasonable hours (before 8 am and after 9 pm, debtor’s time)
5) Communicate at all with you if you are represented by an attorney
In addition, once a creditor has received notice of bankruptcy proceedings, they are forbidden by law to have any further contact with the debtor(s) in any form, written or verbal.
If you are being harassed by a creditor, you may take the following actions:
1. If they are calling you at work and your employer has a policy against taking personal calls at work, then get the name and number of the person calling. Ask them to identify themselves and get their number. Then tell the creditor: “My employer does not allow calls at work. Do not call me anymore.”
2. If you’re being harassed at home, the best way to handle it is to either get an unlisted number or a caller ID and answering machine. If you insist on answering all of your calls, and if you are being harassed at home, keep a record of all calls. Write it down in a spiral notebook, get the name and phone number of the person calling, the date and write it down.
3. If anyone is abusive, get their name and number and write it down. A recording of the call is the best evidence of abuse, if you are able to record the call. It will usually be your word against theirs in the event of a dispute.
4. The best way to stop creditor harassment is file for bankruptcy relief. Dana A. Ehrlich will STOP all creditor harassment and get an automatic stay against all creditors from further calls, letters, suits and collection activity.
Dana A. Ehrlich
Dana A. Ehrlich is a bankruptcy specialist who lives and works in San Angelo, Texas. He has lived in the Concho Valley and San Angelo, Tom Green County for many years. His practice is primarily consumer bankruptcy law and he is a board certified bankruptcy specialist for Chapter 7 and Chapter 13. He may be reached at 325-655-5351 or at email@example.com.