The Law Firm of Wade H. Everett assists our clients in preventing harassment from creditors at home and at work. We help debtors understand the law and provide them with the tools and means to demand and insure their legal rights are being honored.
You don’t have to be in bankruptcy to insure that debt collectors treat you fairly.
Whether or not you are currently in bankruptcy, the Fair Debt Collection Practices Act requires that debt collectors not only treat you fairly but it prohibits certain methods of debt collection. Personal, family and household debts are all covered under the this act. However, business loans are not covered by this law.
Fair Debt Collection Practices Act
Most creditors and collection agencies follow the law when attempting to collect a debt. But some don’t, and many times, an abusive creditor is the reason why debtors may feel forced to file for bankruptcy protection to get the creditor to stop harassing them. You should never allow an abusive bill collector to force you into bankruptcy.
However, if your circumstances prevent you from any other action, you still do have legal rights. Once you file for bankruptcy protection, creditors are formally notified you are in bankruptcy, and collection attempts must immediately cease until your case has been discharged or has otherwise decided upon by the courts.
The Fair Debt Collection Practices Act was designated to reduce or eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
This Federal Act addresses the following topics:
- Acquisition of location information
- Communication in connection with debt collection
- Harassment or abuse
- False or misleading representations
- Unfair practices
- Validation of debts
- Multiple debts
- Legal actions by debt collectors
- Furnishing certain deceptive forms
- Civil liability
- Administrative enforcement
Handling Your Creditors After Filing
The Court will mail the Bankruptcy Filing Notice to your creditors about one week after the petition is filed.
- If a creditor contacts you after you have received the notice, advise them that you have filed bankruptcy, give them your case number, and ask that they no longer contact you as is stated in the Notice.
- If you receive any bills after filing, you should mail a copy of the Notice to the creditor with the bill.
- If a creditor continues to call you or write to you after you have advised them of your bankruptcy case number and filing date, make a record of the creditor’s contact including, if possible, the name of the person contacting you, and dates and times of contacts. You may want to keep a log of unauthorized creditor contacts after your bankruptcy filing. If you have a written log or other evidence that a particular creditor has contacted you repeatedly after notification you should call your attorney for assistance.