If you find yourself buried beneath an unceasing pile of bills and expenses, you are certainly not alone. Millions of Americans suffer from credit card debt, student loans, medical expenses, personal loans and mortgages, according to the 2019 American Household Credit Card Debt Study. Like many who feel burdened with such heavy debt, you may receive frequent calls from creditors and collection agencies. There are steps you take to limit these calls, stop them temporarily or end them altogether.
When you file your Chapter 7 or Chapter 13 bankruptcy paperwork, the court will issue an automatic stay to all of the creditors listed on your forms. The automatic stay prohibits creditors from contacting you regarding late payments, wage garnishments, existing debt and/or lawsuits.
The Fair Debt Collection Practices Act also bans collection agencies and creditors from engaging in the following:
- Calling constantly through all hours of the day and night
- Using profanities and obscene language when calling
- Posing as an attorney
- Threatening to file a lawsuit
- Threatening to call child protection services, injure animals or have property repossessed if you do not make a payment
As a debtor you have rights regarding your debt and loans. You have the right to verify that the debt owed is correct and that it is yours. Furthermore, you have the right to refuse creditor calls and ask that they correspond with you through mail. Once you make this request, they are no longer able to contact you by phone.
This information is intended to educate and should not be taken as legal advice.