Atlanta Bankruptcy Attorneys
Debt Collection Harassment
If you are considering bankruptcy or have already contact an Atlanta bankruptcy attorney and started the filing process, you are likely being hounded by debt collectors. While debt collection agencies do have the right to contact you to claim your defaulted debts, there are some very specific laws concerning their behavior during the collection process. If you are being called by debt collectors, it is critical you learn your rights so you can best protect yourself from illegal collection practices.
All debt collectors are subject to the Fair Debt Collection Practices Act and anyone who violates these laws can not only be subject to penalty by the government, but can also be sued by individuals, like yourself. If you think you may be able to sue a debt collector, please speak with your Atlanta bankruptcy lawyer to ensure you are in the clear.
When you are contacted by a debt collector for the first time, you should always require a proof of debt. These documents show that you not only owe a debt, but that the agency contacting you is also the company eligible to claim the payments for the debt. The document should also always bear your signature proving that you actually applied for the debt. If the company cannot prove you asked for the debt, they cannot collect upon it.
Some types of debts are subject to a statute of limitations. These accounts will expire if you have not paid on the debt within three years. If you make a payment though, the clock is reset and another three years will need to pass before the debt expires. Your Atlanta bankruptcy attorney can help you understand if your debts are subject to these statutes of limitations.
When debt collectors call, they are prohibited from harassing debtors, making false statements to them or performing any other unfair practices. The debt collectors cannot threaten you with violence, call before 8 AM or after 9 PM, call more than three times a week or use foul language. Additionally, they have to tell you if a document you signed was not actually legally binding and they cannot claim to represent an attorney, credit bureau or the government. They cannot threaten to take your property, garnish your wages or ask you to pay more than you owe.
If you have any questions about the behavior of a debt collector, ask your Atlanta bankruptcy attorney. If the debt collection agency is in the wrong, you can file a complaint with the FTC and attorney general. You may even consider filing a lawsuit against the collector in small claims court.
Even if the company has been following the law to the letter, they are still required to stop contacting you after you have filed bankruptcy.
If you have any questions, contact an experienced Atlanta bankruptcy attorney.
