Today MSN Money had a good article on ways to stop harassing creditor telephone calls ( http://bit.ly/bK8HJ ). I have a fair number of clients that are going through financial hardship right now but either don’t want to, don’t need to, or don’t qualify for bankruptcy. Without bankruptcy protection the harassment by creditors can be almost unbearable. I had one client who was receiving over 40 creditor phone calls a day!
If you are not looking for bankruptcy relief, it is important to know your rights as a consumer as well as the regulations that govern creditor contacts with you. The Fair Debt Collection Practices Act (FDCPA) governs communications between collectors and you. Below are a few behaviors that are barred by the FDCPA.; collectors CANNOT:
- Contact third parties and reveal that you owe a debt;
- Contact a third party more than once;
- Send you correspondence about the debt on a post card or in a letter that indicates a debt collection business;
- Contact you after they know you are represented by an attorney;
- Call before 8:00 a.m. or after 9:00 p.m.;
- Call your place of employment if they know you cannot accept calls there;
- Harass or abuse you;
- Threaten violence or other criminal means to you or your property.
This list is non-exhaustive, but give you an idea of what types of behaviors are prohibited. If you are being harassed by a collector and need help enforcing your rights, I offer a free consultation on FDCPA cases. Further, the FDCPA provides that you can collect statutory damages of $1,000, plus real damages and attorney’s fees. If we determine that the collectors contacting you have violated the FDCPA I will take your case with no upfront fees. Contact an Arizona bankruptcy attorney at JacksonWhite for more information at (480) 464-1111.