Unfair Debt Collection

What happens when I file?
Unfair Debt Collection. The Federal Fair Debt Collection Practices Act (the “Act”) prohibits unfair collection of consumer debts. If you can prove that your creditors intentionally and repeatedly violated the Act before or after you retained your bankruptcy attorney, you may be able to recover damages. The following is a summary of a few prohibited debt collection practices:

  1. Calling you before 8 a.m. or after 9 p.m. local time.
  2. Contacting you directly after you told the creditor you retained me to represent you.
  3. Telling your employer or co-worker that you owe money to the creditor.
  4. Calling you at work after you have told them not to.
  5. Intentional and continuous harassment or abuse in connection with a debt.
  6. A creditor’s representative falsely representing that he is an attorney when in fact he is not licensed to practice law.
  7. Threatening you with arrest or imprisonment for failing to pay a debt.
  8. Communicating with anyone other than you our your spouse about your debt.

The debt collection laws are complicated, and your right to recovery will depend on your specific facts and your evidence. Contact your bankruptcy attorney if you believe you can prove one of your creditors intentionally and repeatedly engaged in unfair collection practices. A copy of the complete Act is available at http://www.ftc.gov under Consumer Information.

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