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Can I stop my creditors from harassing me?

People choose to file bankruptcy for a number of different reasons.  We have found, that no matter what the underlying reason may be, a lot of our clients have to deal with some of the same issues.  One of the more annoying and troublesome issues facing many of our clients are collections efforts.  Collections efforts can be made by mail, email, or even telephone.  Even more problematic is that many creditors sell "bad debts", or accounts with unpaid balances, to other companies who really dial up the collections efforts.  It might seem like that is just something you have to deal with.  However, that may not be the case. 

First and foremost, give us a call or come in and talk to us.  We can’t help if we don’t know there is a problem.  As soon as you decide to retain us to file your bankruptcy you can start letting your creditors know that you are represented.  If you give them our contact information we would be happy to inform them that you are preparing to file for bankruptcy.  Now, they don’t have to stop calling you at this point, but many creditors do.  They know they won’t be able to collect so they move on to the next person. 

If you do keep getting letters or phone calls we may still be able to help.  You should record the times your creditor calls you, who you speak with, and what they say.  If it is the original creditor, for example your car lender or mortgage holder, there are not quite as many options.  However, these entities still should not engage in any offensive language or rise to the level of harassment. 

Where we have even more remedies available is when your account is held by a debt collection agency.  The Federal Debt Collections Practices Act (FDCPA) offers you a number of different protections.  It is imperative that you keep any written correspondence and that you make a record of any telephone correspondence.  These entities cannot call you after nine in the evening.  They cannot harass you or threaten you.  If they are calling you at work, or somewhere you are not permitted to receive calls, tell them that.  They are then not permitted to keep calling you there.

We are seeing an increase in aggressive and illegal collections practices. Some lenders have threatened to have people arrested and even provided fraudulent arrest warrants.  We can turn these complaints over to the Bankruptcy Court and even the Attorney General.  We may also be able to sue on your behalf and collect damages.  If this is happening to you please let us know; we want to help!

If you have questions about this, or any other matters, please contact your St. Louis Bankruptcy Attorney today!


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