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Common Concerns & Questions About Bankruptcy

The law can protect you from debt collection communication

| Apr 7, 2017 | Creditors' Rights |

If you’ve ever found yourself in overwhelming debt, you probably know how aggressive creditors can be in their attempts to recoup their payments. Oftentimes when debt goes unpaid, it is turned over to collection agencies. These companies can go too far when trying to collect debt, to the point that it becomes harassment. Fortunately, the federal government enacted the Fair Debt Collection Practices Act, which seeks to stop creditor harassment and protect debt-ridden consumers from unduly burdensome debt collection practices.

One way the Act does this is by regulating debt collectors’ communication with debtors. Under the law, these collectors cannot contact a consumer during a time or place that is inconvenient to the consumer. This means that it is illegal for debt collectors to contact you before 8:00 a.m. and after 9:00 p.m. This also means that it may illegal for debt collectors to contact you at work. Additionally, the Act specifies that debt collectors cannot contact you if you are represented by an attorney.

Even in the event that a consumer notifies a collection agency that he or she refuses to pay the debt, the debt collector must cease trying to communicate with that debtor. Of course, there are limitations to this rule. For example, a debt collector can issue a notice to a debtor that the company intends to seek resolution, which essentially means that they intend to file a lawsuit.

People in Tyler who are facing insurmountable debt, probably want to know two things. First, how do you stop creditor harassment? Second, how do you find the debt relief you need? The answers can be found in the law. To help you navigate the system, you may want to discuss your circumstances with an experienced attorney.

Source: Federal Trade Commission, “Fair Debt Collection Practices Act,” accessed on April 2, 2017