What to Do If Credit Collectors Call After You’ve Filed Bankruptcy
How the Fair Debt Collection Practices Act Protects You and Restricts Debt Collectors
Americans who have fallen into a financial crisis as result of unemployment and other unforeseen circumstances can expect a call from a debt collector if they fall behind on their commitments. However, debt collectors must abide by a set of guidelines set out by the FDCPA. The FDCPA is a set of guidelines that debt collectors are required to follow by law, which allows them to call between 8:00 am and 9:00 pm (your respected local time). The guidelines do not deter them from calling you at work unless your employer disapproves, and they can call again even after receiving a cease and desist letter, but only once.
Unfortunately, the FDCPA does not specify how many times a debt collector can call or on what day. Most businesses are closed on weekends and major holidays, however, if they call at an inappropriate time, you are encouraged to answer and give them an alternative time. The FDCPA encourages consumers to double check the debt is theirs and that calls come in within the legally enforceable timeframe prior to submitting a payment. In addition, you are encouraged to use certified mail when you send anything to a debt collector as it enforces individuals to keep a record of their written communication. We advise Houston clients of this rule so a log can be made of any violations. You can contact us for more details.
Steps to Take If a Debt Collector Violates the FDCPA
Debt collectors can call you one more time after you have sent a cease and desist letter. However, if they persist, you are encouraged to file a complaint with the Consumer Financial Protection Bureau against the collector. The CFPB will investigate your claim in addition to other claims filed before penalizing the violator.
You can also file a complaint with the Better Business Bureau, but they cannot take legal action against the debt collector. The BBB can only mediate disputes among individuals and the debt collectors as well as warn others. However, if you insist on taking legal action but would not like to file a claim with CFPB, you can file a complaint with your state’s attorney general.
How Shaw Defense Can Help Before or After Filing for Bankruptcy
Reports demonstrate that an individual spends an average of 3.5 hours a day worrying about their finances, which leads many to file consider bankruptcy. However, at Shaw Defense, we actually deter our clients from filing bankruptcy 99.9% of the time because we are confident in our abilities to eliminate their financial distress.
Our team utilizes an ethical program that is specified in Texas laws. First-time callers can expect a confidential exchange that includes questions in regards to the creditors. If necessary, we will ask for more information to further develop your case. Once has a strategy has been initiated, we will reroute calls from the debt collector to our office. Our team of experts prioritize our clients and getting them the right help.
If creditors persist after you have filed for bankruptcy, you have the opportunity to sue them for violating the FDCPA. What does that mean for you? You do not owe us a dime. The creditor’s pay for your legal fees. We strive to give our clients a peace of mind and succeed.