Bankruptcy stops harassment of creditors
If you've ever been the victim of creditor harassment, you know how annoying and frustrating calling creditors can be. Their persistent and abusive calls can be intimidating and unsettling. Creditors will threaten you, verbally abuse you, and just harass you to collect money from you. Probably money you don't have because otherwise you would pay for it and they wouldn't call. Not all creditors harass, but that's usually the exception rather than the rule. Creditors must comply with the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act requires collection agencies to treat you fairly and prohibits certain debt collection methods. Debt collection practices in Texas must comply with both the Texas Debt Collection Law and the Federal Fair Debt Collection Practices Act. Of course, this doesn't always happen.
When you can't pay all your bills on time and harassing calls from creditors at home and at work are out of control,Contact The Law Offices of R.J.AtkinsonFor afree bankruptcy assessment. We can explain your options to stop harassing creditors and get rid of your debt or restructure it through bankruptcy. When bill collectors go over the line of credit and violate Texas or state collections laws, you can sue them and we can help. Don't let creditors bother you, call Texas bankruptcy attorney R.J.Atkinson.
Bill collectors will relentlessly harass you into paying them. If you owe money in Texas, it's not a crime, but sometimes creditors treat you like a criminal. Having creditors calling you every hour of the day, at dinner, or even at work can be very annoying and potentially breaking the law. If a creditor violates the Fair Debt Collection Practices Act or any of the Texas debt collection laws, we may be able to bring a lawsuit against them on your behalf.
As a Texas bankruptcy attorney who has helped thousands clear millions of dollars in debt, I've heard from my clients about all kinds of debt collection tactics, ranging from the illegal to the downright wrong. Believe it or not, there are some third party bill collectors and collection agencies making harassing phone calls that do not actually have legal authority under Texas law to collect debts in Texas. An outside bill collector or credit bureau must have a guarantee and file it with the Secretary of State before they can make collections in Texas.
Under the law (Texas Finance Code. 392.101.), outside collection agencies or credit reporting agencies are not permitted to conduct debt collection activities in the State of Texas unless they have obtained and submitted a qualifying surety bond of $10,000.00 to the Secretary of State. A “third party debt collector” includes a debt collector within the meaning of Federal Law 15 U.S.C. Section 1692a(6), and a solicitor acting as solicitor on behalf and on behalf of a client to collect a claim where the solicitor does not have legal staff who are regularly engaged in collecting claims for collection; or regularly contact debtors for the purpose of collection or debt settlement. (Texas Financial Code 392.001(7).)
Aside from having a surety bond, third party collectors or other bill collectors must comply with the law in this matter and not engage in prohibited conduct that includes harassment, misrepresentation, and other unfair practices. Debt collection agencies are required to contact you at the appropriate time as required by law.
- creditor harassment
Collection agencies must not harass, oppress, or abuse you or any third party with whom they come into contact. For example, debt collectors may not:
- use threats of violence or harm
- publish a list of consumers who refuse to pay their debts (except to a credit bureau)
- use obscene or profane language
- repeatedly using the phone to annoy someone
- False information from creditors
Collection agencies must not provide false or misleading information when collecting a claim. For example, debt collectors may not:
- falsely imply that they are lawyers or government officials
- falsely imply that you have committed a criminal offense
- falsely state that they are or work for a credit reporting agency
- misrepresent the amount of your debt
- point out that papers sent to you are legal forms, although they are not
- point out that papers sent to you are not legal forms, although they are
- Collection agencies are also not allowed to disclose:
- You will be arrested if you don't pay your debt
- You seize, garnishee, distrain, or sell your property or wages unless the collection agency or creditor intends to do so and it is permitted by law
- measures such as B. a lawsuit, against you if such action is not legally permitted or if you do not intend to take such action
- In addition, collection agencies may not:
- provide false credit information about you to anyone, including to a credit reporting agency
- Send you what appears to be an official document from a court or government agency when it is not
- use a fake name
- Unfair Practices by Collection Agencies
Collection agencies must not engage in unfair practices when attempting to collect a debt. For example, collectors may not:
- collect any amount in excess of your debt, unless your state law allows such a charge
- deposit a postdated check early
- Use deception to accept collective calls or pay for telegrams
- Take or threaten to take your property unless legally possible
- contact you by post card
- Debt Collection Contact
A collector can contact you personally, by mail, telephone, telegram or fax. However, a collection agency cannot contact you at inconvenient times or places, e.g. B. before 8:00 a.m. or after 9:00 p.m. unless you agree. A collection agency may also not contact you at work if the collection agency knows that your employer disapproves of such contact.
Don't let creditors bother you. Stop harassing creditors
If you file for bankruptcy, the bill collectors will stop bothering you immediately. Even if you plan to file for bankruptcy in the near future, once you keep our office you can refer all debt collection calls to us. Bill collectors need to stop contacting you directly lest you be subjected to their intimidation tactics and harassment. The daily harassing calls from a bill collector can make you afraid not only to answer your phone, but sometimes fear losing your job if they call at work.
If you file for bankruptcy, the bill collectors must stop all communication with you after your bankruptcy filing has been filed. By filing for bankruptcy whether it is aChapter 7 Bankruptcyor aChapter 13 Bankruptcy, bill collectors need to contact us, not you. After you file for bankruptcy, it is illegal for a bill collector to continue any collection efforts. If they contact you and try to collect money after your case is submitted, it may be a violation ofthe automatic staywhich can result in both civil and criminal penalties.
Stopping bill collectors, stopping collection calls, stopping creditor harassment, and stopping control of your finances are the benefits of filing for bankruptcy. After you've filed your bankruptcy petition, simply forward all debt collection calls to us. So if a creditor calls, tell them you've filed for bankruptcy, give them our number, and then hang up. Bill collectors get pretty upset when you file for bankruptcy because it doesn't just force them to deal with itTexas bankruptcy attorneysatThe Law Offices of R.J.Atkinsonwho know the law, but it puts you in control of your finances. Once you file for bankruptcy, bill collectors,credit card company, or someone else you owe money to, will stop bothering you.
Do not be intimidated by creditor harassment.Contactthe Texas bankruptcy attorneysThe Law Offices of R.J.Atkinson, free afree bankruptcy assessmentand put an end to harassment of creditors.
If you live inAustin,Dallas,Houston,Saint Anthony,Waco, garland,Plano, Victoria, Irving or almost anywhere in the state of TexasContactthe Texas bankruptcy attorneysThe law firm of R.J.Atkinson. An experienced Texas bankruptcy attorney can help you decide if filing for bankruptcy is the best option for you to get rid of your debt, significantly reduce your debt, or restructure your debt.
Stop Debt Collection Call Harassment - Stop Creditor Harassment - Stop Creditor Phone Calls
ContactDieTexas bankruptcy attorneysatRJ Atkinson: 800-436-9056