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Written by AskTheLawyers.com™ on behalf of Timothy Tonkin with Phillips Law Group.
Feeling harassed by debt collectors and credit card companies can be extremely overwhelming. If you are being repeatedly contacted by creditors, it’s probably time to talk to a financial advisor or bankruptcy attorney. Bankruptcy is a type of court proceeding in which a judge examines the assets and liabilities of a person filing for bankruptcy to decide if that person’s debts should be discharged.
If you qualify for bankruptcy, there is a good chance your debts could be forgiven or reduced. It is also important to note that debt collectors are required to follow certain rules regarding how and when they contact you after you file for bankruptcy. To learn more about debt harassment or to discuss your financial situation, reach out to a bankruptcy attorney.
These rules are laid out in the Fair Debt Collection Practices Act. They cover credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts, but they do not cover business debt.
If you are facing repeated harassment from debt collectors, it is important to note that you are allowed to ask them to stop. The FTC recommends making yourself a copy of the letter before you send it by mail. It’s also a good idea to pay for a return receipt so that you have proof that the collector received your letter. When the debt collector has received your letter, they are only allowed to confirm that they will cease contacting you or to give you notice that specific action is being taken regarding your debts, such as filing a lawsuit.
It is important to involve an attorney if you receive notice of official legal action being taken against you. This creates a buffer between yourself and the collections agency and ensures that you have the necessary experience on your side. It is important to respond to the lawsuit either personally or with the help of your attorney by the time listed in the court documents.
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