Bankruptcy

Dealing With Annoying Debt Collectors

By Jonathan Alper

Many bankruptcy clients become upset and worried because they are harassed by credit card collectors. I usually advise people filing Chapter 7 to stop making credit card payments upon deciding to file bankruptcy. Ceasing payments increases collection activity. As a debtor you have rights to protect your privacy and your peace of mind. Federal law prohibits creditors from engaging in "over the top" collection tactics .

The Fair Debt Collection Practices Act (FDCPA) applies to collection of all personal, household, and family debts. Under the FDCPA:

Bill collectors may contact you only between 8 am and 9 pm

Bill collectors may not contact you at work if your employer disapproves of practice

Bill collectors may not harass, oppress, or abuse you.

Bill collectors may not lie.

Bill collectors may not threaten you with criminal prosecution

And most important, bill collectors must stop contacting you if you so request in writing.

The practical problem is that enforcement of the FDCPA requires you to file suit in a federal court. You will need to pay an attorney to effectively enforce FDCPA violations in federal court. On the other hand, a bankruptcy debtor can bring an action against a creditor as part of his federal bankruptcy proceeding.

posted by Jonathan Alper, banrkuptcy and asset protection attorney, Orlando, Florida

Full post as published by Florida Bankruptcy Law on February 22, 2008 (boomark / email).