Even though the Fair Debt Collection Practices Act (FDCPA) places restrictions on how debt collectors can interact with consumers, many debtor collectors have been known to push these restrictions to the limit – and sometimes beyond the limit.
For instance, some debtors will get harassing phone calls late into the night or even at work, despite the fact that the FDCPA says debt collectors cannot call a debtor at an inconvenient time or place, which includes calls before 8:00 a.m. or after 9:00 p.m.
Fortunately, however, there is one simple solution for individuals struggling with debt and incessant phone calls from debt collectors: bankruptcy.
The ultimate weapon against debt collector calls: bankruptcy’s “automatic stay”
Not only is bankruptcy an effective tool for eliminating a great deal of outstanding debt – including credit card debt and medical bills – it is also the best way to end debt collector harassment.
In fact, under federal law, once you file for bankruptcy protection, any and all attempts to collect debts against you are automatically stayed, which is another way of saying debt collectors must immediately stop trying to collect on your debt. This law applies regardless of whether a debt collector is merely harassing you by phone or has already filed a collection lawsuit against you.
In addition, the FDCPA says that once a debt collector knows you are represented by an attorney, he or she must communicate with your lawyer, not you. In any case, you are protected from harassing debt collector calls by both the bankruptcy code and the FDCPA.
If you would like to learn more about how bankruptcy can help you eliminate your debt and stop creditor harassment, you should speak with an experienced bankruptcy attorney as soon as possible. A skilled lawyer can explain your rights and help you get back on your feet.
