Individuals considering filing for bankruptcy have various reasons for contemplating this option. Unfortunately, a number of people consider filing for bankruptcy because of issues with creditors. Creditors often sell debts to debt collection agencies; and these agencies can range from obnoxious behavior to outright illegal conduct. It is important to know your rights and know what can be done to stop creditors.
Debt collection agencies often use tactics that violate local and federal laws. Some examples of this include threatening legal action when they do not intend to pursue legal action, telling debtors that they will be arrested or investigated, contacting debtors after the individual has told the creditors to stop, and so on. Some debtors report that they have been contacted about debts that they do not owe, even after filing for a bankruptcy or informing the creditor that he/she is represented by an attorney. Many clients report that they receive harassing phone calls at all hours of the day and night and even disclosed that you owe a debt to third parties.
If you are experiencing any of these types of issues, or any other issues with creditors, there are a number of steps to take. First, inform your attorney of the issues and he/she can give you more specific and particular advice of how to proceed. From there, start keeping detailed records of the contact. Write down the date and time of the call or contact. Ask for the name or ID number of the person you speak with and record that. Write down everything that is said to you and everything you say back. It is probably best to do this as it is happening so that your record is accurate. Be firm. If you do not want the creditor to contact you, or you are represented by an attorney, state that information. Save any letters and voicemails that you receive.
Forward this information to you attorney. Your attorney can review the information and help determine whether there has been a violation of the Fair Debt Collection Practice Act. If there is a violation you may be able to recover monetary damages. If you are entitled to monetary damages the violating creditor must pay your attorney fees for pursuing this course of action.
If you have questions about this, or if you would like to set up a free consultation, contact a St. Louis Bankruptcy Attorney Today.