Having done thousands of debt relief and bankruptcy consultations with my clients, I know that the pressure that is put on ordinary citizens by debt collectors can be overwhelming! Helping to end creditor harassment is why people often times contact a bankruptcy attorney.
- Collectors demand money that the borrower does not have
- Collectors demand for terms of payment that are impossible for the borrower to meet
- Bankruptcy stops or “stays” collector communication
Bankruptcy will stop collector communication.
Once someone files for bankruptcy, his or her creditors cannot contact him or her anymore. This is because the Bankruptcy Code requires it (with some very minor exceptions). Collector calls will stop; lawsuits will stop and collection letters will also stop. If a collector contacts a borrower in bankruptcy, then that collector may face sanctions and the borrower may be entitled to some damages.
If you decide not to file for bankruptcy or before you are able to file, keep the following points in mind:
Collectors are not interested in your story; they are interested in your money.
You may have the most perfect explanation of why you cannot make a payment, but the collector’s job is not to empathize with your situation. Their job is to get you to pay, so don’t get frustrated when the collector seems totally unaffected by your explanation of why you can’t make a payment. Realize that they are just trying to collect money from you.
Collection is a business and is not personal.
Collectors are employees that have to accomplish their jobs. They probably don’t know who you are personally. They are trying to meet their collection goals, so don’t get sucked into thinking this is a personal vendetta against you. Don’t try to reason with them.
Collectors cannot be abusive.
FDCPA or Fair Debt Collection Practices Act is a Federal law that forbids collection abuse. If you have been dealing with an abusive collector, you may be entitled to damages. Our Attorneys represent clients against abusive debt collectors, and we don’t collect any money from you unless we recover for you.
Whether you are considering filing for bankruptcy or if you want to find out if we believe you have a case against a collector, contact us for a free consultation.