When Filing Bankruptcy be Aware of the FDCPA
Bankruptcy and the Fair Debt Collections Practices act (FDCPA) can go hand in hand. The bankruptcy code can provide much needed debt relief from credit card, repossessions and medical bills among other things. Debtors can file chapter 7 bankruptcy or chapter 13 bankruptcy. Both have advantages and you should discuss your options with a bankruptcy attorney. The FDCPA protects debtors from the harassment of debt collectors and debtors may be awarded fines of up to $1,000 per violation along with attorney fees if it is determined that the FDCPA was violated due to harassment or unsavory collection practices. For more on this topic check out this article on bankruptcy and the FDCPA.
If you believe you are being harassed by debt collectors in violation of the FDCPA you should keep a log off all the phone calls that you receive from a particular debt collector and the times of the phone calls. You should further ask the debt collectors for their name and contact information to verify if the debt collectors are real and have a right to collect on a particular debt. A new scam recently has been fake debt collectors trying to collect on stale pay day loan debts. These debt collectors have obtained your personal information from somewhere and will use whatever means necessary to collect on the debts. If you a debt collector call you repeatedly, uses derogatory language or threatens to send you to jail you are either dealing with a fake debt collector or somebody in violation of the FDCPA. Legitimate debt collectors record all of their conversations which can be reviewed at a later date to determine if there were any violations of the FDCPA.
If you have additional questions or believe you may have been harassed by debt collectors in violation of the FDCPA you should schedule a free consultation today by calling 206-682-7975