5 Things to Expect From Debt Collectors

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Debt collectors are governed by the United States Federal Trade Commission (FTC) and must abide the Fair Debt Collection Practices Act, which prohibits debt collectors from using abusive, unfair and deceptive practices during debt collections.

What You Can Expect from Debt Collectors

  1. Debt collectors are not supposed to contact you at inconvenient times or in inconvenient places. If a debt collector tries to reach you before 8 a.m. or after 9 p.m. and you did not agree to be available, you can report them to the FTC. If a debt collector attempts to call you at work, you can tell them in writing that you are not allowed to get calls there, and they must legally desist calling you there.
  2. Debt collectors will do whatever possible to get you to pay your debts. It is a good idea to try to resolve issues you have with them. If they are not reasonable about the situation and do not offer an agreeable resolution, you can instruct them to stop contacting you (this must be done in writing). This does not mean that they cannot take legal action, but they will have to stop calling you if you properly request it.
  3. A debt collector may be allowed to contact third parties to find out your whereabouts; however, they are generally not entitled to discuss your debt situation with third parties, unless the third party is your spouse or your attorney.
  4. If you have an attorney, your debt collectors may be required to discuss all matters with your attorney once they have been given proper notice of your legal counsel.
  5. If you do not pay your debts, a creditor has the right to sue you to obtain owed money. If the court grants a judgment in the creditor's favor, wage garnishment can be ordered by the court. To prevent legal action, discuss your finances with an experienced attorney. When you file for bankruptcy, it automatically stops most creditor actions until the proceedings are completed.

Getting Legal Advice

If you are dealing with insurmountable debts and the stress of harassing calls from debt collectors, you may benefit from consulting an experienced bankruptcy attorney who can help you figure out what your options are. An attorney will be able to help you handle your creditors so that you do not have to keep going through the same situation month after month.

This article is provided for informational purposes only. If you need legal advice or representation,
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