If you have fallen behind in paying your debts, it is only a matter of time before your debts go into collection. When they do, you can expect to start receiving phone calls from debt collectors and it can make your life incredibly stressful.
The situation that caused you to fall behind on your bills was probably stressful enough, but now, being hounded by debt collectors just makes matters worse. Bill collector harassment can become overwhelming as you start receiving phone calls from the time you wake up in the morning until late in the evening.
Under the FDCPA, (Fair Debt Collection Practices Act) debt collectors are allowed to reach out to you and attempt to resolve your delinquency, however, their contact must be reasonable. If it is not reasonable and debt collectors are calling you 20 times a day, calling you at work after you have directed them not to or calling well into the night, it can rise to the level of bill collector harassment under the FDCPA.
The FDCPA is a federal law that regulates the conduct of debt collectors in how they are allowed to collect debts. This law has nothing to do with whether you owe the debt or not. It sets out the rules that define what constitutes bill collector harassment and gives you the right to sue the debt collector and recover damages and attorney’s fees for violation of the FDCPA
Debt collector harassment destroys the quality of your life. It can put you in a constant mode of panic and distract you from your work and family life. Nobody wants to fall behind on their bills but nobody wants to live in a continuous state of stress for falling behind in bill payments.
This may be the time to ask yourself whether you need a fresh start and consider filing for bankruptcy. If you have fallen behind on many of your debts and bills, due to unemployment, illness, divorce or other unfortunate events that have happened to you, you should probably at least speak to a Bankruptcy Lawyer to see if bankruptcy is a good option for you.
The moment you file for bankruptcy, any type of bankruptcy, all debt collection efforts against you must stop. This is called the Automatic Stay Injunction and it goes into effect the moment a bankruptcy case is filed.
Debt Collector Harassment and any debt collection efforts must stop upon the filing of a bankruptcy case. Even though this legal relief from bill collector harassment is instantaneous upon the filing of the bankruptcy case, it may take several days for the debt collector to receive actual notice of the filing.
Your Bankruptcy Attorney can of course fax or email notice to the debt collector the moment they have a case number to prove that your bankruptcy case was filed.
If Bill Collector Harassment continues after your bankruptcy case is filed, your Bankruptcy Attorney can file a Motion For Contempt and Sanctions in the U.S. Bankruptcy Court where your bankruptcy case is pending.
Often, if the debt collector harassment is egregious enough and occurs repeatedly after the debt collector has received notice of your bankruptcy filing, the Bankruptcy Judge can award you money damages, attorney’s fees and order them to stop or risk further sanctions.
Remember, the FDCPA is not about you; it is about whether a debt collector engaged in debt collector harassment. But it is important to be honest with yourself in terms of considering bankruptcy.
If you have many debts you have fallen behind on and bill collector harassment from many different debt collector is consuming your life, you don’t have to live with debt collector harassment. Speak with a bankruptcy attorney and consider your options. It may be time to start fresh from your current circumstances and stop bill collector harassment once and for all.
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