Lefkovitz & Lefkovitz

Nashville Office 615-256-8300       Cookeville Office 931-400-2218

Nashville Office 615-256-8300
Cookeville Office 931-400-2218

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Stopping debt collection calls during the holidays

On Behalf of | Dec 15, 2016 | Chapter 13 |

Around the holidays, many people in Tennessee enjoy time at home with their families. Receiving calls from collection agents at this time could put a damper on the jovial mood. While collection agents are not allowed to call at inconvenient times, there are no specific laws concerning holiday calls.

The Fair Debt Collection Practices Act restricts the times that debt collectors can call a debtor and ask for payment on an outstanding bill. Times that are known to be inconvenient for most people, such as after 9 p.m. and before 8 a.m., are off limits for debt collectors. While holidays are not expressly restricted by the FDCPA, a debtor may be able to argue that a debt collection call that came in at 6 p.m. on Christmas Eve was inconvenient.

The simplest way to get debt collectors to stop calling is to ask them to stop. If a debt collector receives a written request to cease calls, they are obligated to comply with the request. While an end to debt collection calls can be a relief, the silence does not signify an end to the debt. A collection agency may still sue a debtor for repayment even if they are not allowed to call the debtor.

Filing for bankruptcy not only stops collection calls, it can also stop all collection attempts, including those ordered by the court. By filing for Chapter 13 bankruptcy, a debtor can apply for debt relief while protecting many of their assets from liquidation. A legal professional may be able to speak to a debtor about their situation and determine whether bankruptcy is the best solution.

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