Bankruptcy

Creditors Leave Annoying Messages On Debtor's Telephone Answering Machine

By Jonathan Alper

Its a question all bankruptcy attorneys are asked by their clients- What can I do to stop these creditors from harassing me? Creditor harassment is not a bankruptcy issue. Everyone knows that after a debtor files for bankruptcy- Chapter 7 or 13- the court issues a Notice of Commencement to all creditors warning them that any further effort to collect a debt violates the automatic stay and subjects an offending creditor to sanctions. There are separate laws protecting all individuals against unfair collections. The main law is the Fair Debt Collection Practices Act.

A particularly annoying collection tactic I have heard from my clients is that of creditors leaving messages on the debtor's voice mail at home or at work. I read an interesting blog post on this topic by Georgia bankruptcy attorney Jonathan Ginsburg. FDCPA Does Not Give Debt Collector the Right to Leave Messages on Your Phone Answering Machine. Mr. Ginsburg discusses a decision by the 11th Circuit Court of Appeals which is the federal appeals court with jurisdiction over Georgia law.This court also controls Florida law so the cases he discusses is applicable to Florida debtors too.

If you believe you are a victim of an FDCPA collection violation you may list the claim on your bankruptcy petition. The trustee may decide to pursue the claim against the offending creditor. If you do not file bankruptcy you can consult with an attorney who works in the area of consumer protection law; some bankruptcy attorneys also litigate consumer protection complaints. Most bankruptcy attorneys do not prosecute FDCPA violations outside of bankruptcy court.

Full post as published by Florida Bankruptcy Law on November 28, 2009 (boomark / email).