Bankruptcy Stops Creditor Harassment

Many people are plagued by the incessant phone calls from creditors, letters in the mail, and even the threats of visits to your employer.

When you receive calls, ask the debt collectors or the creditor to validate in a professional way that the debt which they are attempting to collect is real. If you have chosen to file bankruptcy, you can skip this type of information requests as simply obtaining the name of the creditor and their address should suffice. You have a right to do so, and you are allowed the opportunity to make sure the debt is actually from you, and that you are liable for the debt. If you ask, they’re required to demonstrate to you that you do, in fact, owe the debt which the debt collector or creditor is attempting to collect and which they are claiming you owe.  According to federal law, you are required to make this type of validation request to determine the debt in writing.

Once you have received the information that you want to collect, tell the creditor that you are finished. You should also give them this notice in writing (because at this point you will also have their mailing address. If filing, a dallas bankruptcy attorney will need the name and address of the creditor, which will be placed into the bankruptcy petition. Otherwise, let them know in writing that they are not to call you by phone at any point in the future. Send this demand notice via certified mail.  If they continue calling you, create a log for the dates and times of their phone calls. Each time they call, take the caller’s name, the company name, their phone and their address and declare to them and give them notice again that you have asked sent a written, certified mail demand that they cease these calls. Ask them if anything additional needs to be done in order for this to happen, including legal action. You certainly have the legal right of suing creditors if they have caused you damages by continuing to call. According to the FDCPA laws, they are also liable for paying damages of up to $1,000 per offense; however, the reality of receiving $1000 for every annoying phone call is not always going to turn into a bonafide lawsuit.

That said, additional regulators from the state in which you reside could penalize a debt collection agency for misconduct and these types of legal violations constitute “slaps on the wrist” oftentimes, but there will come a point in many situations that if the collector does not comply, state, federal, or other regulators will certainly crack down such that it is helpful in these cases to actually file complaints which could turn out to definitely be another “nail in the debt collector’s coffin.”