If you have fallen behind on debt payments, a debt collector will probably be calling you. However, the Federal Trade Commission has enacted the Fair Debt Collection Practices Act, which prohibits debt collectors from using abusive or unlawful methods to collect debts. Below are the rules set forth by the FTC to protect the rights of those who owe money to a creditor. If you are still in doubt regarding whether a debt collector is treating you unfairly, contact a bankruptcy attorney to discuss your options.
A debt collector cannot call you during inconvenient times.
Though a debt collector can legally contact you between 8 in the morning and 9 at night, they cannot harass you in the middle of the night. If you are receiving debt collector calls during non-regulated hours, they are in violation of the Fair Debt Collection Practices Act.
A debt collector cannot harass you at your place of employment.
A debt collector may attempt to contact you at work. However, bankruptcy lawyers warn that if you instruct them to stop calling you at your place of employment, they are legally obligated to do so. Moreover, you are not required to inform them of your preference in writing. An oral request to stop is sufficient per the Fair Debt Collection Practices Act.
A debt collector cannot contact you at all if you write them a letter to stop.
Most bankruptcy attorneys advise that you speak to the debt collector at least once to clarify the amount of debt that you owe and what actions they may take if you fail to pay it. However, if you then decide that you no longer wish to be contacted via the telephone, you can send them a certified letter indicating this preference. Once received, they can no longer call you minus two exceptions. Debt collectors can still call to inform you of an impending lawsuit or to tell you that no further contact will be made.
The bankruptcy law firm of Cutler & Associates, Ltd. can help individuals in the greater Schaumburg and Chicago, Illinois areas to get out of bankruptcy and leave behind harassing debt collectors for good. To learn more about our services, or to schedule an appointment, please call us at (847) 868-2265.