Harassing Creditor Calls
Put a stop to harassing phone calls or threatening letters immediately. With the filing of either a Chapter 7 or Chapter 13, protection from your creditors is immediate once the case is filed. Your creditors are not legally able to contact you or try to collect on debts you included in your case due to the "automatic stay". If you receive any creditor calls after your case is filed, contact your bankruptcy attorney immediately so that we can take appropriate action with that creditor.
In the case of a Chapter 7, not only will all creditor calls cease immediately, but all unsecured debts will be eliminated through the program. WIthin four to five months, you will be completey and legally free from all of you unsecured debts, such as credit card bills, medical bills, collections, etc.
With a Chapter 13 filing, we will immediately stop all creditor calls and actions while consolidating your bills based on your budget. This protection from your creditors extends for the full length of the program (36 - 60 months). No more stress at the end of each month trying to determine which of your bills you can afford to pay. The Chapter 13 plan provides an organized fashion to pay all of your creditors back some portion of what you owe them. Together, we develop a proposed budget that spells out who you pay and how much. You are only required to make your "best efforts" to pay your creditors back over the 36 - 60 month time frame. Whatever you can't afford to pay, any remaining balances, are simply discharged or eliminated at the end of the program. Because you are making efforts to pay your creditors back (no more late reports to the credit reporting agencies) and are only focusing on paying down principal debt (reducing debt-to-income ratio), your credit will improve throughout the course of the program.
We offer free in-office and phone consultations to review your personal circumstances, analyze your situation and advise you on the best course of action. Please call us toll free at 866-261-8282 or click here to schedule a consultation right now.
Overall, there are laws that protect consumers. These are called the "Fair Debt Collection Practices Act." Following are sections of this act covering some of the common complaints with collection practices and your rights under the law.
(b) COMMUNICATION WITH THIRD PARTIES. Except as
provided in section 804, without the prior consent of the
consumer given directly to the debt collector, or the express
permission of a court of competent jurisdiction, or as
reasonably necessary to effectuate a postjudgment judicial
remedy, a debt collector may not communicate, in connection
with the collection of any debt, with any person other
than a consumer, his attorney, a consumer reporting agency
if otherwise permitted by law, the creditor, the attorney of
the creditor, or the attorney of the debt collector.
(c) CEASING COMMUNICATION. If a consumer notifies a
debt collector in writing that the consumer refuses to pay a
debt or that the consumer wishes the debt collector to cease
further communication with the consumer, the debt collector
shall not communicate further with the consumer with
respect to such debt, except;
(1) to advise the consumer that the debt collector's further
efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor
may invoke specified remedies which are ordinarily
invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt
collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification
shall be complete upon receipt.
(d) For the purpose of this section, the term "consumer" includes
the consumer's spouse, parent (if the consumer is a
minor), guardian, executor, or administrator.
Debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any
person in connection with the collection of a debt. Without
limiting the general application of the foregoing, the following
conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal
means to harm the physical person, reputation, or property
of any person.
(2) The use of obscene or profane language or language
the natural consequence of which is to abuse the hearer
or reader.
(3) The publication of a list of consumers who allegedly
refuse to pay debts, except to a consumer reporting
agency or to persons meeting the requirements of section
603(f) or 604(3) of this Act.
(4) The advertisement for sale of any debt to coerce payment
of the debt.
(5) Causing a telephone to ring or engaging any person
in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the
called number.
(6) Except as provided in section 804, the placement of
telephone calls without meaningful disclosure of the
caller's identity.
.Section 604(3) has been renumbered as Section
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.
(2) The false representation of
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.
(3) The false representation or implication that any individual
is an attorney or that any communication is from
an attorney.
(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.
(5) The threat to take any action that cannot legally be
taken or that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall
cause the consumer to
(A) lose any claim or defense to payment of the debt;
or
(B) become subject to any practice prohibited by this
title.
(7) The false representation or implication that the consumer
committed any crime or other conduct in order
to disgrace the consumer.
(8) Communicating or threatening to communicate to any
person credit information which is known or which
should be known to be false, including the failure to
communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication
which simulates or is falsely represented to be a document
authorized, issued, or approved by any court,
official, or agency of the United States or any State, or
which creates a false impression as to its source, authorization,
or approval.
(10) The use of any false representation or deceptive means
to collect or attempt to collect any debt or to obtain
information concerning a consumer.
(11) The failure to disclose in the initial written communication
with the consumer and, in addition, if the initial
communication with the consumer is oral, in that initial
oral communication, that the debt collector is attempting
to collect a debt and that any information obtained
will be used for that purpose, and the failure to disclose
in subsequent communications that the communication
is from a debt collector, except that this paragraph shall
not apply to a formal pleading made in connection with
a legal action.
(12) The false representation or implication that accounts
have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents
are legal process.
(14) The use of any business, company, or organization
name other than the true name of the debt collector's
business, company, or organization.
(15) The false representation or implication that documents
are not legal process forms or do not require action by
the consumer.
(16) The false representation or implication that a debt collector
operates or is employed by a consumer reporting
agency as defined by section 603(f) of this Act.
A debt collector may not use unfair or unconscionable
means to collect or attempt to collect any debt. Without limiting
the general application of the foregoing, the following
conduct is a violation of this section:
(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation)
unless such amount is expressly authorized by
the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of
a check or other payment instrument postdated by more
than five days unless such person is notified in writing
of the debt collector's intent to deposit such check or
instrument not more than ten nor less than three business
days prior to such deposit.
(3) The solicitation by a debt collector of any postdated
check or other postdated payment instrument for the
purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated
check or other postdated payment instrument prior to
the date on such check or instrument.
(5) Causing charges to be made to any person for communications
by concealment of the true propose of
the communication. Such charges include, but are not
limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to
effect dispossession or disablement of property if
(A) there is no present right to possession of the property
claimed as collateral through an enforceable
security interest;
(B) there is no present intention to take possession of
the property; or
(C) the property is exempt by law from such dispossession
or disablement.
(7) Communicating with a consumer regarding a debt by
post card.
(8) Using any language or symbol, other than the debt collector's
address, on any envelope when communicating
with a consumer by use of the mails or by telegram,
except that a debt collector may use his business name
if such name does not indicate that he is in the debt collection business.
(a) It is unlawful to design, compile, and furnish any form
knowing that such form would be used to create the false
belief in a consumer that a person other than the creditor
of such consumer is participating in the collection of or in
an attempt to collect a debt such consumer allegedly owes
such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the
same extent and in the same manner as a debt collector is
liable under section 813 for failure to comply with a provision
of this title.
For the full text for the "Fair Debt Collection Practices Act", please see the attached file. PDF Link or visit FTC.gov
Consumers who want to register a complaint about the collection practices of National Credit Systems Inc. or any other collection agency can send a written complaint to:We offer free in-office and phone consultations to review your personal circumstances, analyze your situation and advise you on the best course of action. Please call us toll free at 866-261-8282 or click here to schedule a consultation right now.