The Fair Debt Collection Practices Act (FDCPA)

Many people contemplating filing for bankruptcy have had many months, perhaps even years, of collectors using various tactics to recover debt.  You should be made aware of your rights against these collectors and the many ways they can be liable for abusive or intrusive tactics.  Yes, that’s right, you may have the right to file a complaint and recover damages if a collection agency runs afoul of the FDCPA provisions and protections.

Nolo Press is an excellent resource for this and other legal information.  Their treatment of this issue is very informative and you can find discussion the FDCPA at this link.

Although it requires the actual filing of a bankruptcy to invoke the “automatic stay” provision which prohibits any collection activity whatsoever, if you have signed an agreement with an attorney and are making payments toward your fees, you may alert your creditors that you have legal representation regarding this debt.  The FDCPA states:

“[A}fter the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.”

This should provide you with some relief from their constant and aggressive phone and mail demands upon your time while you prepare with your attorney to get a fresh new start.

DISCLAIMER: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between this attorney and the reader.

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