Do Bill Collectors Have Rules to Follow?


Harassing creditor calls is one of the most common problems people have when they come into my office to file bankruptcy. They are bothering folks - calling them during the day, at night, before work, and even after work. This year, I even read that the stress of creditor calls caused a man to have a heart attack, which he died from.

There is actually a set of rules that bill collectors are supposed to follow that is found in the Fair Debt Collection Practices Act. According to those rules, they shouldn't be harassing you, using abusive language, lying to you, or adding charges to your account without authorization.

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They also shouldn't be calling you at work or bothering your relatives. Unfortunately, bill collectors don't always follow the rules and creditors from your lender may not be subject to the same rules as a collection agency. They sometimes even escalate the situation further. I've heard of cases where collectors are screaming at people, demanding their money, and even physically threatening them.

It is important to keep in mind that collectors have a legitimate claim and they can follow through on some of their threats-like getting a judgment against you and garnishing your wages. You cannot just disconnect your phone or ignore the calls and then assume you don't have to pay the debt. Just because a creditor can't get a hold of you doesn't mean they can't take action against you.

Before you hire a bankruptcy attorney, you want to make sure that they are willing to go above and beyond to stop your creditors from harassing you. How can you find out? Most bankruptcy attorneys will talk to you for free the first time. You should make sure to ask them what they plan to do to help relieve you from harassment by your creditors. If they aren't willing to help you, it may be a sign that they won't be willing to help you with other problems that come up during your case.


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