A Bankruptcy Lawyer Defends Consumer Rights Against Harassment

You may be tempted to hire a bankruptcy lawyer if harassment from creditors is getting to be too much. However, if you still have opportunity to pay off your finances but just need some relief from the nasty phone calls, you still have options. Many creditors are so pushy because nobody tries to stop them. Avoiding the phone or hanging up is still many debtors' number one solution for dealing with the issue, but there are better ways so you don't have to feel as if you are living in hiding.

There are regulations put into place to protect consumers from harassment from bill collectors. The FDCPA (Fair Debt Collection Practices Act) is a federal law that can be helpful to those struggling with collectors who cross the line. According to the laws, a collection agency is not allowed to use obscenities or the threat of physical harm when speaking with a debtor. They can, however, get personal and try to push your emotional buttons through attacks on your character. If someone has been abusive towards you, it is in your best interest to get their name and other information and report them. You may also wish to consult with a qualified bankruptcy lawyer who can help you file a claim against them or draft a legal letter demanding them to cease their illegal actions.

Some debtors are more than willing to pay off their bills, but find that the collection agencies are not willing to negotiate the terms. They can't get blood from a stone, so anyone who is inflexible about payment options is being unreasonable. In these situations, the best thing to do is ask if there is someone else you can speak with. Getting angry or taking it personally will not help the situation. If you are denied again, an attorney can help you negotiate so a single irrational bill collector doesn't force you into Chapter 7.

What happens when the agency starts getting creative by calling relatives, friends, or even your employer? Technically, it is illegal for bill collectors to do this. However, it doesn't count if they are "unable" to get in touch with you and are using these contacts as a searching tool. The easiest way to avoid this trap is by keeping their numbers private in the first place, but collectors are a sneaky bunch and often manage to find a way to get their information regardless. If their actions and calls cause you or your relatives difficulties, get in touch with your local consumer protection agency to put a stop to it.

It's important not to inadvertently break any laws when dealing with collectors. For example, it can be useful to record phone conversations for evidence purposes. However, in many states this will first require special permission to do so. If you don't know where to turn to for help, there are plenty of government as well as non-profit agencies that work with debtors. You don't have to hire a bankruptcy lawyer just to get relief from the phone calls. There are other solutions.