Is There Any TIme Creditors Can't Call Me?

I counsel many clients and potential clients as a bankruptcy attorney, that are having problems with harassing creditor calls. Many people don't know their rights in this situation. I'm going to review what debt collectors can and can't do over the phone.

If you have already filed for bankruptcy, there's almost nothing you can do. If You are protected by an automatic stay if a collector calls you after you filed for bankruptcy. This means they can't do anything to collect on the debt. The first time they call, tell them you have filed bankruptcy and refer them to your bankruptcy attorney. If you continue to receive harassing phone calls, you need to inform your lawyer and they will handle it.

If you have not filed for bankruptcy, then you don't have the protection of the automatic stay, so your creditors can still send garnishments to your employer, put liens on your house, etc. BUT The rules set in place by the Fair Debt Collection Practices Act have to be followed by 3rd party debt collectors. The following are a few regulations debt collectors are supposed to follow when they are trying to receive payments from a debtor:

-They may not call at a time or place that is known to be inconvenient. Typically, this means before 8 AM or after 9 PM. And once you tell them that you can't receive calls at work, then they're not supposed to call you there.

-They are not supposed to "harass, oppress, or abuse you including threats of violence, prison, or foul language." In other words, they can't threaten to throw you in jail or even swear at you when you're having a conversation with them.

They can't repeatedly call you over a short period of time to try to pester you into answering the phone.

If the creditor knows you are already represented by a bankruptcy attorney they are supposed to stop trying to call you.

-They must stop contacting you once you notify them in writing, but that won't prevent collection efforts. They can still issue a wage garnishment, bank levy, or put a lien on your home.

The best action you can take, is to do your research, so you can arm yourself with the best useful information you can before acting on the situation. Not having the right information can cause you to make a decision you regret when handling your financial situation.


------

You should research so you have the right information before you talk to any bill collectors or bankruptcy lawyers about your situation. Attorney James Brown offers a free copy of his book, "Get Out of Debt: Secrets Your Creditors Don't Want You to Know," to any one who requests a a hard copy or downloadable file. Request yours for FREE simply by clicking here.