Fresno County Bankruptcy - Creditor Laws
Creditors have specific laws that they must follow when it comes to collecting on debts which they are owed. Creditors who resort to unscrupulous collection practices that violate the Fair Debt Collection Act take the risk of being fined, or sued, depending upon the severity of the violation. Most creditors adhere to the laws regarding debt collection, bankruptcy laws, and discharged debt. However, there are a few creditors who attempt to take advantage of consumers who are uninformed about their legal rights when it comes to debt collection practices.
Creditor Laws - Collection Practices
Creditors must follow fair debt collection practices when they attempt to collect on a debt. There are several laws in place that provide the guidelines for creditor/debtor communication, but generally speaking:
· Creditors cannot call and harass you throughout the day - one telephone call per day is allowed, provided that they actually speak with you.
· Creditors cannot pretend to be an attorney, law enforcement officer, or other entity - they must accurately represent themselves in the call
· Creditors cannot threaten, harass, or annoy you - they cannot use profanity, yelling, or threats when attempting to collect a debt. This includes threatening to sue, garnish your wages, or take other actions that they do not really plan to take
· Creditors cannot call at inconvenient times, or contact you by phone after you have requested that they stop calling - they must adhere to reasonable hours when they call, and once you ask them to stop calling, they may no longer make contact by phone.
Creditor Laws - Automatic Stay Violations
If you've filed for bankruptcy protection and you qualify for the automatic stay, creditors cannot attempt to collect on a debt for as long as the automatic stay is in place. Creditors who violate the automatic stay may be subject to legal action, and you could recover damages that are in excess of what you owe the creditor. The automatic stay goes into place as soon as your paperwork is accepted by the courts, so if you receive collection calls that do not stop after the creditor has been informed of your pending bankruptcy, you may wish to pursue legal action.
Creditor Laws - Bankruptcy Discharge Violations
After your debts have been discharged, creditors cannot attempt to collect on the discharged debts. If a debt is listed as discharged on your bankruptcy filing, and a creditor still attempts to collect on the debt, you may be entitled to damages. Speak with a reputable Fresno County Bankruptcy Attorney and get the representation that you need in this case.
Creditors have a right to collect the debts that they are owed. However, they do not have a right to pursue debts without consideration for the boundaries of the law. Fair debt collection practices were put into place to protect consumers like you, and you have the right to seek damages if creditors attempt to coerce you to pay by using abusive collection techniques. Speak to an experienced Fresno County Bankruptcy Attorney as soon as possible if you've been subjected to a violation of the Fair Debt Collection Practices Act, and get the legal representation you need to recover damages and prevent further abuse.