With this uncertain economy, people are becoming overwhelmed by their inability to manage their debts. Creditors begin calling in an attempt to collect what they are owed. The Fair Debt Collection Practices Act [FDCPA] was created in order to protect debtors from unscrupulous and threatening creditors.
Creditors use collection agencies to collect their debts. These agencies are prohibited by the FDCPA from harassing or threatening you. They are bound by the FDCPA to act in an appropriate manner and not contact you in an improper manner. You are protected from their abusive tactics.
- They may not phone you prior to 8:00am or after 9:00pm.
- They may not call more than once per day if you have already spoken to the creditor.
- They cannot contact you at work if they have been informed that you or your employer does not approve of those calls.
- They cannot contact or discuss other individuals in regard to your debt.
- They may not threaten you with any legal action they do not plan on taking, nor may they send you any communications that look as if they are legal contracts or documents if they are not.
- They absolutely are not allowed to threaten, yell or use any obscene language of any kind.
Your attorney will be able to enforce this law on your creditors if they are in violation. While creditors may work to collect the money due, they are restricted in the means that they may use to do so. The law allows them to collect their debts, but it protects the debtor from harassment and abuse.
Here are some tips to keep your life free from abusive creditors:
- Send a written request to your collection agency that they may no longer contact you by telephone.
- If your creditor has called your place of employment, you or your employer should forbid the calls.
- Hire an attorney to help you and inform the collection agency. Once you are represented by an attorney, any and all contact from the collection agency must cease. They are required to only contact your legal representative. This is not only the case if you hire an attorney to handle your bankruptcy, but also if you want to have them act as your representative in your financial matters.
It is important to note that if you file for bankruptcy – either Chapter 7 or Chapter 13 – your creditors are required to stop contacting you immediately. If they continue to contact you, you should inform your attorney who will be able to handle the situation.
Your financial situation does not leave you at the mercy of creditors. You have options and the FDCPA to ensure that collection agencies treat you respectfully. Call our Nebraska bankruptcy lawyers today at 308-872-8327 to schedule a free consultation.