Bankruptcy Attorney

4 Ways Debt Collectors May Be Violating Your Rights

Bankruptcy Attorney

Any person who has fallen behind on payments, has probably experienced several annoying phone calls from debt collectors trying to get a payment. While these calls are certainly not fun, they may not be in violation of your rights. However, there are certain tactics a debt collection agency may use that are actually unlawful. Debtors who are concerned that a collection agency has gone too far, can rely on the experience of a Bankruptcy Attorney such as Chorches Bankruptcy Law. They can talk with you further about what’s going on, to decide how the situation should be handled. 

#1 Failing to Provide Written Notice

Debt collectors who contact you initially, must also follow up with a written notice within five days that includes details pertaining to how much you owe, the name of the original creditor, and that you have the right to submit a dispute. 

If after being pestered with incessant calls you get tired of talking on the phone with a debt collector, you can send the agency a written letter requesting them to cease-and-desist. The agency is then permitted to seek payments through mail, but are no longer permitted to contact you via phone. 

#2 False Accusations About Amount Owed

Debtors who don’t believe the debt is theirs or that the debt owed is an incorrect amount, can request a verification of debt through a written letter within 30 days of getting the first notice. 

A bankruptcy attorney understands that there are many scams out there, and a common one is fake debt collectors using the same pesky strategies to get money out of people. If the debt collector seems shady, do not hesitate to ask for their name, business name, contact information, and address. Then, you can verify these details before talking with them further. 

#3 Calling During Inconvenient Hours

A debt collector is not permitted to call you prior to 8am or after 9pm. While there may not be protections for exactly the number of calls they can make within a time period, a collector can’t just call repeatedly with the intention to harass you. If you feel that a collector is calling way too often, start a record for every time you receive a call from them, along with any voicemails received. Debt collectors cannot call you at certain times of the day that you have expressed are inconvenient.

#4 Contacting Your Employer

Debt collection agencies may attempt to contact you at work, if you have allowed them to do so. However, they are not able to talk with your employer about your debts. If they do, this is likely in violation of your rights as they are giving out personal information to others.

Debt collection agencies do not always operate their company with the highest morale compass. If you believe your rights have been breached, please call your local attorney right away so we can assist in stopping the unlawful behavior. Don’t let more phone calls go through, let us help halt the pestering today. 

Scheduling a Consultation with a Foreclosure Lawyer

If your mortgage lender is threatening foreclosure, it’s important to discuss your case with a foreclosure lawyer promptly. During your initial consultation, tell your lawyer details about your foreclosure, such as how behind you are in payments. You’ll also want to ask your lawyer several questions, like whether or not you have a good defense for foreclosure or how long the process may take.

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